[Federal Register Volume 69, Number 112 (Thursday, June 10, 2004)]
[Notices]
[Pages 32609-32610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13180]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-512]


In the Matter of Certain Light-Emitting Diodes and Products 
Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 6, 2004, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
OSRAM GmbH and OSRAM Opto Semiconductors GmbH, both of Germany. Letters 
supplementing the complaint were filed on May 25 and May 27, 2004. The 
complaint, as supplemented, alleges violations of section 337 in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain light-
emitting diodes and products containing same by reason of infringement 
of claims 1, 3, 6-7, and 10-13 of U.S. Patent No. 6,066,861; claims 1, 
3, 6-7, 10-13, and 15 of U.S. Patent No. 6,245,259; claims 1-2, 6-7, 
11-12, and 15 of U.S. Patent No. 6,277,301; claims 1, 5-10, and 13-16 
of U.S. Patent No. 6,376,902; claims 1 and 5-8 of U.S. Patent No. 
6,469,321; claims 1, 5-8, 10-13, and 16-19 of U.S. Patent No. 
6,573,580; claim 4 of U.S. Patent No. 6,576,930; claims 2-5, 7, and 10 
of U.S. Patent No. 6,592,780; and claims 1, 3, 6-7, 10, 12-15, 17, and 
21 of U.S. Patent No. 6,613,247. The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent general 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are available for inspection during 
official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may be 
obtained by accessing its Internet server (http://www.usitc.gov). The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Benjamin D.M. Wood, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2582.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2003).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 4, 2004, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain light-
emitting diodes or products containing same by reason of infringement 
of one or more of claims 1, 3, 6-7, and 10-13 of U.S. Patent No. 
6,066,861; claims 1, 3, 6-7, 10-13, and 15 of U.S. Patent No. 
6,245,259; claims 1-2, 6-7, 11-12, and 15 of U.S. Patent No. 6,277,301; 
claims 1, 5-10, and 13-16 of U.S. Patent No. 6,376,902; claims 1 and 5-
8 of U.S. Patent No. 6,469,321; claims 1, 5-8, 10-13, and 16-19 of U.S. 
Patent No. 6,573,580; claim 4 of U.S. Patent No. 6,576,930; claims 2-5, 
7, and 10 of U.S. Patent No. 6,592,780; and claims 1, 3, 6-7, 10, 12-
15, 17, and 21 of U.S. Patent No. 6,613,247; and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--OSRAM GmbH, Hellabrunner Strasse 1, 81543 
Munich, Germany.
    OSRAM Opto Semiconductors GmbH, Wernerwerkstrasse 2, 93049 
Regensburg, Germany.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
    Dominant Semiconductors Sdn. Bhd., Lot 6, Batu Berendam, FTZ Phase 
III, 75350 Melaka, Malaysia.
    American Microsemiconductor Inc., 133 Kings Road, Madison, NJ 
07940.
    American Opto Plus Inc., 1206 E. Lexington Avenue, Pomona, CA 
91766.

    (c) Benjamin D.M. Wood, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be

[[Page 32610]]

deemed to constitute a waiver of the right to appear and contest the 
allegations of the complaint and to authorize the administrative law 
judge and the Commission, without further notice to that respondent, to 
find the facts to be as alleged in the complaint and this notice and to 
enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
that respondent.

    By order of the Commission.

    Issued: June 7, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-13180 Filed 6-9-04; 8:45 am]
BILLING CODE 7020-02-P