[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Notices]
[Page 7576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1996]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-560]


In the Matter of Certain NOR and NAND Flash Memory Devices 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 January 10, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
SanDisk Corporation of Sunnyvale, California. A supplemental letter was 
submitted by SanDisk on January 24, 2006. 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 NOR and NAND flash memory 
devices by reason of infringement of claims 27, 28, 32, 50, 51, and 64 
of U.S. Patent No. 5,172,338, claims 1-8 and 10-14 of U.S. Patent No. 
5,991,517, and claims 7 and 10 of U.S. Patent No. 6,542,956. 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 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: David H. Hollander, Jr., Esq., Office 
of Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2746.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in Sec.  210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2005).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 7, 2006, 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 NOR or NAND 
flash memory devices by reason of infringement of one or more of claims 
27, 28, 32, 50, 51, and 64 of U.S. Patent No. 5,172,338, claims 1-8 and 
10-14 of U.S. Patent No. 5,991,517, and claims 7 and 10 of U.S. Patent 
No. 6,542,956, 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--SanDisk Corporation, 140 Caspian Court, 
Sunnyvale, California 94089.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served: STMicroelectronics N.V., 39, Chemin du Champ des 
Filles, C.P. 21, CH 1228 Plan-Les-Ouates, Geneva, Switzerland. 
STMicroelectronics, Inc., 1310 Electronics Drive M/S 2308, Carrollton, 
Texas 75006.
    (c) David H. Hollander, Jr., 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.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents 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 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 the respondent.

    By order of the Commission.

    Issued: February 8, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-1996 Filed 2-10-06; 8:45 am]
BILLING CODE 7020-02-P