[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Notices]
[Pages 34390-34391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9271]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-573]


In the Matter of Certain Portable Digital Media Players; Notice 
of Investigation

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.

[[Page 34391]]

International Trade Commission on May 15, 2006, under section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Creative Labs, Inc. of Milpitas, California and Creative Technology 
Ltd. of Singapore. Supplements to the complaint were filed on May 31, 
2006, and June 1, 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 portable digital media players by reason of 
infringement of claims 2-5, 7, 11-13, 15, and 16 of U.S. Patent No. 
6,928,433. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and 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://www.edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Erin D.E. Joffre, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2550.
    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 (2005).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 8, 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 portable 
digital media players by reason of infringement of claims 2-5, 7, 11-
13, 15, and 16 of U.S. Patent No. 6,928,433, 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 complainants are--Creative Labs, Inc., 1901 McCarthy 
Boulevard, Milpitas, California 95035.
    Creative Technology Ltd., 31 International Business Park, Creative 
Resource, Singapore 609921
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Apple Computer, Inc., 1 Infinite Loop, Cupertino, CA 
95014.
    (c) The Commission Investigative Attorney, party to this 
investigation, is Erin D.E. Joffre, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses 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 10.13. 
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 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 an initial determination and 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.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-9271 Filed 6-13-06; 8:45 am]
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