[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Notices]
[Pages 47956-47957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18016]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-519]


Notice of Investigation; Certain Personal Computers, Monitors, 
and Components Thereof

AGENCY: 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 
Gateway, Inc. of Poway, California. Supplements were filed on July 16 
and 30, 2004. The complaint 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 personal 
computers, monitors, and components thereof by reason of infringement 
of claims 1-3, 9-11, 13-14, 20-21, 27-28, 30-32, and 38-40 of U.S. 
Patent No. 5,881,318, claims 1-3, 5, 7-12, 14-29, 31-36, and 38 of U.S. 
Patent No. 5,192,999, and claims 1-2 and 4-6 of U.S. Patent No. 
6,326,996. The complaint further alleges that an industry in the United 
States exists 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 its exhibits, 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: Kevin Baer, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2221.

    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 August 2, 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 personal computers 
or monitors or components thereof by reason of infringement of one or 
more of claims 1-3, 9-11, 13-14, 20-21, 27-28, 30-32, and 38-40 of U.S. 
Patent No. 5,881,318, claims 1-3, 5, 7-12, 14-29, 31-36, and 38 of U.S. 
Patent No. 5,192,999, and claims 1-2 and 4-6 of U.S. Patent No. 
6,326,996, 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--Gateway, Inc., 14303 Gateway Place, Poway, 
California 92064.
    (b) The respondent is the following company alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, 
California 94304.
    (c) Kevin Baer, 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 Delbert R. 
Terrill, Jr. is designated as the presiding administrative law judge.
    A response to the complaint and the notice of investigation must be

[[Page 47957]]

submitted by the named respondent 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 response will be 
considered by the Commission if received not 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 the response to the 
complaint and the notice of investigation 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 a final determination containing such findings, and may result 
in the issuance of a limited exclusion order or cease and desist order 
or both directed against the respondent.

    Issued: August 3, 2004.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-18016 Filed 8-5-04; 8:45 am]
BILLING CODE 7020-02-P