[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Notices]
[Pages 2276-2277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-415]



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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-630]


In the Matter of Certain Semiconductor Chips With Minimized Chip 
Package Size and Products Containing Same (Iii); 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 December 7, 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 December 21 and 28, 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 certain claims of U.S. Patent Nos. 5,679,977; 
6,133,627; 5,663,106; and 6,458,681. 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 exclusion orders and 
cease and desist orders.

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: 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 (2007).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 3, 2008, 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 1-4, 
9, 10, and 33-35 of U.S. Patent No. 5,663,106; claims 17 and 18 of U.S. 
Patent No. 5,679,977; claims 1-4, 6, 9-12, 15, and 16 of U.S. Patent 
No. 6,133,627; and claim 4 of U.S. Patent No. 6,458,681, 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:

A-Data Technology Co., Ltd., 18F, No. 258, Lian Cheng Road, Chung Ho 
City, Taipei, Taiwan 235.
A-Data Technology (U.S.A.) Co., Ltd., 3149 Skyway Court, Fremont, 
California 94539.
Acer Inc., 8F, 88, Sec. 1, Hsin Tai Wu Road, Hsichih, Taipei, Hsien 
221, Taiwan.
Acer America Corp., 333 W. San Carlos Street, Suite 1500, San Jose, 
California 95110.
Centon Electronics, Inc., 15 Argonaut, Aliso Viejo, California 92656.
Elpida Memory, Inc., Sumitomo Seimei Yaesu Building 3F, 2-1, Yaesu 2-
chome, Chuo-ku, Tokyo 104-0028 Japan.
Elpida Memory (USA) Inc., 2001 Walsh Avenue, Santa Clara, California 
95050.
International Products Sourcing, Group, Inc., 4119 Leap Road, Hilliard, 
Ohio 43026.
Kingston Technology Co., Inc., 17600 Newhope Street, Fountain Valley, 
California 92708.
Nanya Technology Corporation, Hwa Ya Technology Park, 669, Fu Hsing 3rd 
Road, Kueishan, Taoyuan 333, Taiwan.
Nanya Technology Corp. U.S.A., 675 East Brokaw Road, San Jose, 
California 95112.
Peripheral Devices & Products, Systems, Inc. d/b/a Patriot Memory, 
47027 Benicia Street, Fremont, California 94538.
Powerchip Semiconductor Corp., No. 12, Li-Hsin 1st Road, Hsinchu 
Science Park, Hsinchu, Taiwan.
ProMOS Technologies Inc., No. 19, Li-Hsin Road, Hsinchu Science Park, 
Hsinchu, Taiwan 30078.
Ramaxel Technology Ltd., 3/F-5/F, North Block, Southeast Industrial & 
Commercial Building, Houhai Avenue, Shekou, Shenzhen, Guangdong, China 
518067.
SMART Modular Technologies, Inc., 4211 Starboard Drive, Fremont, 
California 94538.
TwinMOS Technologies Inc., No. 3, Tzu Chiang Road, Hsin-Chu Industrial 
District, Hu Kou Xiang, Hsin-Chu, Taiwan 303.
TwinMOS Technologies USA Inc., 1649 S. Main Street, Suite 105, 
Milpitas, California 95035.

    (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 Charles E. 
Bullock 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

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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 a 
cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: January 3, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-415 Filed 1-11-08; 8:45 am]
BILLING CODE 7020-02-P