[Federal Register Volume 72, Number 97 (Monday, May 21, 2007)]
[Notices]
[Pages 28521-28522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9640]


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

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-605]


In the Matter of Certain Semiconductor Chips With Minimized Chip 
Package Size and Products Containing Same; 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 April 17, 2007, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Tessera, Inc. of San Jose, California. Letters supplementing the 
complaint were filed on April 18 and May 4, 2007. 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 chips with 
minimized chip package size and products containing same by reason of 
infringement of U.S. Patent Nos. 5,852,326 and 6,433,419. The 
complaint, as supplemented, 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 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://www.usitc.gov/secretary/edis.htm.

FOR FURTHER INFORMATION CONTACT: Kecia J. Reynolds, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2580.

    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 (2006).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 14, 2007, 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 
semiconductor chips with minimized chip package size or products 
containing same by reason of infringement of one or more of claims 1, 
2, 6, 12, 16-19, 21, 24-26, and 29 of U.S. Patent No. 5,852,326 and 
claims 1-11, 14, 15, 19, and 22-24 of U.S. Patent No. 6,433,419, 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 --Tessera, Inc., 3099 Orchard Drive, San 
Jose, California 95134.
    (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:

ATI Technologies, ULC, 1 Commerce Valley Drive East, Thornhill, 
Ontario, Canada L3T 7X6.
Freescale Semiconductor, Inc., 6501 William Cannon Drive West, Austin, 
Texas 78735.
Motorola, Inc., 1303 E. Algonquin Road, Schaumburg, Illinois 60196.
Qualcomm, Inc., 5775 Morehouse Drive, San Diego, California 92121.
Spansion Inc., 915 Deguigne Drive, P.O. Box 3453, Sunnyvale, California 
94088-3453.

[[Page 28522]]

Spansion LLC, 915 Deguigne Drive, P.O. Box 3453, Sunnyvale, California 
94088-3453.
    STMicroelectronics N.V., 39, Chemin de Champ des Filles, 1228 Plan-
Les-Ouates, Geneva, Switzerland.

    (c) The Commission investigative attorney, party to this 
investigation, is Kecia J. Reynolds, 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 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 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 the 
respondent.

    Issued: May 15, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. E7-9640 Filed 5-18-07; 8:45 am]
BILLING CODE 7020-02-P