[Federal Register Volume 69, Number 182 (Tuesday, September 21, 2004)]
[Notices]
[Pages 56459-56460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21192]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-525]


Certain Semiconductor Devices and Products Containing Same; 
Notice of Investigation

AGENCY: International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 18, 2004, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.  1337, on 
behalf of Taiwan Semiconductor Manufacturing Company, Ltd. of Hsinchu, 
Taiwan, TSMC North America of San Jose, California, and WaferTech 
L.L.C. of Camas, Washington. Supplements to the complaint were filed on 
September 7 and September 15, 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 semiconductor devices and products 
containing same by reason of infringement of claims 1 and 11 of U.S. 
Patent No. 6,121,091, claims 1-6 and 8-15 of U.S. Patent No. 6,251,795, 
and claims 1, 2, 5, 6, 15, and 16 of U.S. Patent No. 6,235,653 and also 
by reason of misappropriation of trade secrets, the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States. The complaint further alleges that there exists an industry in 
the United States with respect to the asserted intellectual property 
rights.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent limited 
exclusion order and a permanent cease and desist order.

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 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: Jay H. Reiziss, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2579.

SUPPLEMENTARY INFORMATION:

    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 September 14, 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:
    (a) 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 semiconductor devices or products containing same by reason of 
infringement of claims 1 or 11 of U.S. Patent No. 6,121,091, claims 1-
6, 8-14, or 15 of U.S. Patent No. 6,251,795, or claims 1, 2, 5, 6, 15, 
or 16 of U.S. Patent No. 6,235,653, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337; 
and
    (b) Whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States of certain semiconductor 
devices or products containing same or in the sale of such articles by 
reason of misappropriation of trade secrets, the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States.
    (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:
    Taiwan Semiconductor Manufacturing Company, Ltd., 8 Li-Hsin Road 6, 
Hsinchu Science Park, Hsinchu, Taiwan.

[[Page 56460]]

    TSMC North America, 2585 Junction Ave., San Jose, California 94134
    WaferTech L.L.C., 5509 NW. Parker Street, Camas, Washington 98607.
    (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:
    Semiconductor Manufacturing International Corporation, No. 18 
Zhangjiang Road, Pudong New Area, Shanghai 201203, China.
    Semiconductor Manufacturing International (Shanghai) Corporation, 
No. 18 Zhangjiang Road, Pudong New Area, Shanghai 201203, China.
    SMIC Americas, 45757 Northport Loop West, Fremont, California 
94538.
    (c) Jay H. Reiziss, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-D, 
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.
    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 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 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 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 
such respondent.

    Issued: September 16, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-21192 Filed 9-20-04; 8:45 am]
BILLING CODE 7020-02-P