[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Notices]
[Pages 58335-58336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20199]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-616]


In the Matter of Certain Hard Disk Drives, Components Thereof, 
and Products Containing the 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 September 10, 2007, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Steven F. Reiber and Mary L. Reiber of Lincoln, California. 
The complaint 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 hard disk drives, components 
thereof, and products containing the same by reason of infringement of 
certain claims of U.S. Patent Nos. 6,354,479, 6,651,864, and 6,935,548. 
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 a permanent 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: Kevin Baer, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2221.

    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 (2007).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 4, 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 hard disk 
drives, components thereof, or products containing the same by reason 
of infringement of one or more of claims 37-39, 50, and 51 of U.S. 
Patent No. 6,354,479, claims 28, 30, and 33-35 of U.S. Patent No. 
6,651,864, and claim 3 of U.S. Patent No. 6,935,548, 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--Steven F. Reiber, Mary L. Reiber, 867 
Mossy Ridge Lane, Lincoln, California 95648.
    (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:

Western Digital Corporation, 20511 Lake Forest Drive, Lake Forest, 
California 92630
Seagate Technology, 920 Disc Drive, Scotts Valley, California 95066
Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, 
Irvine, California 92616
Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, California 
94304
Dell Inc., One Dell Way, Round Rock, Texas 78682

    (c) The Commission investigative attorney, party to this 
investigation, is Kevin Baer, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401L, Washington, DC 20436; and

[[Page 58336]]

    (3) For the investigation so instituted, the Honorable Carl C. 
Charneski 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 an exclusion order or 
cease and desist order or both directed against a respondent.

    By order of the Commission.

    Issued: October 9, 2007

William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E7-20199 Filed 10-12-07; 8:45 am]
BILLING CODE 7020-02-P