[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Notices]
[Pages 53089-53090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19854]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-523]


In the Matter of Certain Optical Disk Controller Chips and 
Chipsets and Products Containing the Same, Including DVD Players and PC 
Optical Storage Devices II; Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 23, 2004, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
MediaTek Corporation of Hsin-Chu City, Taiwan. A letter supplementing 
the complaint was filed on August 16, 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 optical disk controller 
chips and chipsets by reason of infringement of claims 1, 3-6, and 8-10 
of U.S. Patent No. 5,970,031 and claims 1-4 of U.S. Patent No. 
6,229,773. The complaint, as supplemented, further alleges that a 
domestic industry in the United States exists or is in the process of 
being established 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, as supplemented, 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: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2576.

    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, as 
supplemented, the U.S. International Trade Commission, on August 24, 
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 optical disk 
controller chips or chipsets or products containing same, including DVD 
players and PC optical storage devices, by reason of infringement of 
one or more of claims 1, 3-6, and 8-10 of U.S. Patent No. 5,970,031 and 
claims 1-4 of U.S. Patent No. 6,229,773, and whether an industry in the 
United States exists or is in the process of being established 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--


[[Page 53090]]


MediaTek, Inc., 5F, No. 1-2, Innovation Road 1, Science Based 
Industrial Park, Hsin-Chu City, Taiwan.

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are parties upon which the complaint is 
to be served:

Zoran Corporation, 1390 Kifer Road, Sunnyvale, CA 94806-5305.
Oak Technology, Inc., 1390 Kifer Road, Sunnyvale, CA 94806-5305.

    (c) David O. Lloyd, 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 
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 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 responses to the 
complaint and the notice of investigation 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 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 such respondent.

    By order of the Commission.

    Issued: August 26, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-19854 Filed 8-30-04; 8:45 am]
BILLING CODE 7020-02-P