[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Notices]
[Page 38421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10538]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-576]


In the Matter of Certain Portable Digital Media Players and 
Components Thereof; 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. International Trade Commission on June 1, 2006, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Apple Computer, Inc. of Cupertino, California. An amended complaint was 
filed on June 6, 2006, and supplementary letters were filed on June 7 
and 22, 2006. The complaint as amended and 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 and components 
thereof, by reason of infringement of claim 25 of U.S. Patent No. 
7,046,230, claims 25 and 33 of U.S. Patent No. 5,341,293, claims 36-39, 
48, 65, 72-73, and 77-78 of U.S. Patent No. 5,898,434, and claims 1, 
24, and 32 of U.S. Patent No. 6,282,646. 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 limited 
exclusion order and permanent cease and desist orders.

ADDRESSES: The amended 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: Erin 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 Sec.  210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2006).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 28, 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 or components thereof, by reason of infringement 
of one or more of claim 25 of U.S. Patent No. 7,046,230, claims 25 and 
33 of U.S. Patent No. 5,341,293, claims 36-39, 48, 65, 72-73, and 77-78 
of U.S. Patent No. 5,898,434, and claims 1, 24, and 32 of U.S. Patent 
No. 6,282,646, 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--Apple Computer, Inc., 1 Infinite Loop, 
Cupertino, CA 95014.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served: Creative Technology, Ltd., 31 International 
Business Park, Singapore 609921.

Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, CA 95035.
    (c) The Commission investigative attorney, party to this 
investigation, is Erin 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 Robert L. 
Barton, Jr., is designated as the presiding administrative law judge.
    Responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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.

    Issued: June 29, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-10538 Filed 7-5-06; 8:45 am]
BILLING CODE 7020-02-P