[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Notices]
[Pages 75131-75132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29162]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-661]


In the Matter of Certain Semiconductor Chips Having Synchronous 
Dynamic Random Access Memory Controllers and Products Containing 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 November 6, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Rambus Inc. of Los Altos, California. A letter supplementing the 
complaint was filed on November 21, 2008. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain semiconductor chips having synchronous 
dynamic random access memory controllers and products containing same, 
including graphics cards and motherboards, that infringe certain claims 
of U.S. Patent Nos. 7,177,998; 7,210,016; 6,470,405; 6,591,353; 
7,287,109; 7,287,119; 7,330,952; 7,330,953; and 7,360,050. 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 general exclusion 
order and a 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: Vu Q. Bui, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2582.

    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 (2008).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 4, 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 having synchronous dynamic random access memory 
controllers or products containing same that infringe one or more of 
claims 7, 13, 21, and 22 of U.S. Patent No. 7,177,998; claims 7, 13, 
21, and 22 of U.S. Patent No. 7,210,016; claims 11-13, 15, and 18 of 
U.S. Patent No. 6,470,405; claims 11-13 of U.S. Patent No. 6,591,353; 
claims 1-6, 11-13, 20-22, and 24 of U.S. Patent No. 7,287,109; claims 
21 and 22 of U.S. Patent No. 7,287,119; claims 21, 22, and 24 of U.S. 
Patent No. 7,330,952; claim 25 of U.S. Patent No. 7,330,953; and claims 
29 and 31 of U.S. Patent No. 7,360,050, 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--

Rambus Inc., 4440 El Camino Real, Los Altos, California 94022.

    (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:

NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, California 
95050;
Asustek Computer Inc., 4F, No. 15, Li Te Rd., Peitou District, Taipei 
112, Taiwan;
ASUS Computer International, Inc., 800 Corporate Way, Fremont, 
California 94539;
BFG Technologies, Inc., 28690 Ballard Drive, Lake Forest, Illinois 
60045;
Biostar Microtech (U.S.A.) Corp., 18551 East Gale Avenue, City of 
Industry, California 91748;
Biostar Microtech International Corp., 2 Fl., 108-2 Ming Chuan Road, 
Hsin Tien, Taiwan;
Diablotek Inc., 1421 Pedley Drive, Alhambra, California 91803;
EVGA Corp., 2900 Saturn Street, Suite B, Brea, California 92821;
G.B.T. Inc., 17358 Railroad St., City of Industry, California 91748;
Giga-byte Technology Co., Ltd., No. 6, Bau Chiang Road, Hsin-Tien, 
Taipei 231, Taiwan;
Hewlett-Packard Co., 3000 Hanover Street, Palo Alto, California 94304;
MSI Computer Corp., 901 Canada Court, City of Industry, California 
91748;
Micro-star International Co., Ltd., No. 69, Li-De St., Jung-He City, 
Taipei Hsien, Taiwan;
Palit Multimedia Inc., 1920 O'Toole Way, San Jose, California 95131;
Palit Microsystems Ltd., 21F, 88, Sec. 2, Chung Hsiao E. Rd., Taipei, 
Taiwan;
Pine Technology Holdings, Ltd. Units 5507-10 Hopewell Centre, 183 
Queen's Road East, Hong Kong;
Sparkle Computer Co., Ltd., 13F, No. 2, Sec. 1 Fu Hsing S. Rd., Taipei, 
Taiwan.

    (c) The Commission investigative attorney, party to this 
investigation, is Vu Q. Bui, 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, Paul J. Luckern, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate 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

[[Page 75132]]

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: December 4, 2008.
Marilyn R. Abbott,
Secretary to the Commission.

[FR Doc. E8-29162 Filed 12-9-08; 8:45 am]
BILLING CODE 7020-02-P