[Federal Register Volume 69, Number 157 (Monday, August 16, 2004)]
[Notices]
[Pages 50400-50401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18658]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-520]


In the Matter of Certain Digital Image Storage and Retrieval 
Devices; 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 12, 2004, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ampex Corporation of Redwood City, California. 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 digital image storage and retrieval devices by 
reason of infringement of claims 7-8 and 10-15 of U.S. Patent No. 
4,821,121. 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 general exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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: Rett Snotherly, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2599.

    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 10, 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 digital 
image storage and retrieval devices by reason of infringement of one or 
more of claims 7-8 and 10-15 of U.S. Patent No. 4,821,121, 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--Ampex Corporation, 1228 Douglas Avenue, 
Redwood City, California 94063-3117.

[[Page 50401]]

    (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: Sony Corporation, 7-35 Kitashinagawa, 6 Chome, Shinagawa-
Ku, Tokyo, 141-0001, Japan.
    (c) Rett Snotherly, 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.
    A response to the complaint and the notice of investigation must be 
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.

    By order of the Commission.

    Issued: August 10, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-18658 Filed 8-13-04; 8:45 am]
BILLING CODE 7020-02-P