[Federal Register Volume 72, Number 243 (Wednesday, December 19, 2007)]
[Notices]
[Pages 71954-71955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24586]


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

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-621]


In the Matter of Certain Probe Card Assemblies, Components 
Thereof and Certain Tested Dram 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.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 13, 2007, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
FormFactor, Inc. of Livermore, California. An amended complaint was 
filed on December 7, 2007. The complaint, as amended, 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 probe card assemblies, components thereof and 
certain tested DRAM and NAND flash

[[Page 71955]]

memory devices and products containing same by reason of infringement 
of certain claims of U.S. Patent Nos. 5,994,152, 6,509,751, 6,615,485, 
6,624,648, 7,168,162, and 7,225,538. The complaint, as amended, 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, as amended, 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: Benjamin Levi, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2781.

    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, as 
amended, the U.S. International Trade Commission, on December 13, 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 probe card 
assemblies, components thereof, or certain tested DRAM or NAND flash 
memory devices or products containing same by reason of infringement of 
one or more of claims 1, 2, 4, 7-12, 15, 21-23, 27-30, 33-35, 51-54, 
and 59 of U.S. Patent No. 5,994,152; claims 1-3, 5-7, 12, 13, 24, and 
25 of U.S. Patent No. 6,509,751; claims 1-11, 18, 19, 23-25, 29, 32, 
33, 36-38, and 41 of U.S. Patent No. 6,615,485; claims 1-15, 18-22, 34, 
and 36 of U.S. Patent No. 6,624,648; claims 1-4, 13, and 14 of U.S. 
Patent No. 7,168,162; and claims 1-9, 13-22, 27-33, 37-41, 44, 45, and 
47-49 of U.S. Patent No. 7,225,538, 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--

FormFactor, Inc., 7005 SouthFront Street, Livermore, California 94551.

    (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:

Micronics Japan Co., Ltd., 2-6-8 Kichijoiji Hon-cho, Musashino-shi, 
Tokyo 180-8508,Japan.
MJC Electronics Corp., 2621 Ridgepoint Drive, Suite 110, Austin, Texas 
78754.
Phicom Corporation, 60-29 Gasandong, Kumcheon-gu, Seoul, South Korea.
Phiam Corporation, 3003 North First Street 309, San Jose, 
California 95134.

    (c) The Commission investigative attorney, party to this 
investigation, is Benjamin Levi, 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 Theodore R. 
Essex 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 permanent exclusion 
order or cease and desist order or both directed against the 
respondent.

    Issued: December 13, 2007.

By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-24586 Filed 12-18-07; 8:45 am]
BILLING CODE 7020-02-P