[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Pages 47460-47461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17899]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-516]


In the Matter of Certain Disc Drives, Components Thereof, 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 July 2, 2004 under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Seagate Technology, LLC. Letters supplementing the complaint were filed 
on July 21 and 26, 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 disc drives, components thereof, and products 
containing same by reason of infringement of claims 1-4 of U.S. Patent 
No. 5,452,159, claims 1 and 5-7 of U.S. Patent No. 5,596,461, claims 1, 
5-22, and 28-48 of U.S. Patent No. 5,600,506, claims 1, 6, 7 and 10-13 
of U.S. Patent No. 6,146,754, claims 1-4, 15-17, and 19-22 of U.S. 
Patent No. 6,324,054, claims 5-7, 9, 11, 12, 14, and 15 of U.S. Patent 
No. 6,545,845, and claims 1, 2, 4-6, 9-15, and 17-20 of U.S. Patent No. 
6,744,606. The complaint further alleges that there exists an industry 
in the United States as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint and supplemental letters, 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 also be obtained by accessing its 
internet server at 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: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2571.

    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 (2004).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 29, 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 disc drives, 
components thereof, or products containing same by reason of 
infringement of one or more of claims 1-4 of U.S. Patent No. 5,452,159, 
claims 1 and 5-7 of U.S. Patent No. 5,596,461, claims 1, 5-22, and 28-
48 of U.S. Patent No. 5,600,506, claims 1, 6, 7, and 10-13 of U.S. 
Patent No. 6,146,754, claims 1-4, 15-17, and 19-22 of U.S. Patent No. 
6,324,054, claims 5-7, 9, 11, 12, 14, and 15 of U.S. Patent No. 
6,545,845, and claims 1, 2, 4-6, 9-15, and 17-20 of U.S. Patent No. 
6,744,606, 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 complainant is--Seagate Technology, LLC, 920 Disc Drive, 
Scotts Valley, California 95066.
    (b) The respondent is the following company alleged to be in 
violation of Section 337 and upon which the complaint is to be served--
Cornice, Inc., 1951 South Fordham Street, Suite 105, Longmont, Colorado 
80503.
    (c) Thomas S. Fusco, Office of Unfair Import Investigations, U.S. 
International Trade Commission, 500 E Street, SW., Room 401-E, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris is designated as the presiding administrative law judge.
    A response to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with Sec.  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 response 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 notice of 
investigation. Extensions of time for submitting a response to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of the respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter both an initial

[[Page 47461]]

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 the respondent.

    Issued: August 2, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-17899 Filed 8-4-04; 8:45 am]
BILLING CODE 7020-02-P