[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Notices]
[Pages 79165-79166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30620]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-665]


In the Matter of Certain Semiconductor Integrated Circuits 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 20, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Qimonda AG of Munich, Germany. A supplement to the complaint was filed 
on December 11, 2008. The complaint, as supplemented, 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 integrated circuits and 
products containing same that infringe certain claims of U.S. Patent 
Nos. 5,213,670; 5,646,434; 5,851,899; 6,103,456; 6,495,918; 6,593,240; 
and 6,714,055. 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 an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and supplement, 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://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2571.

    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 17, 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 integrated circuits or products containing same that 
infringe one or more of claims 1-15 and 22-27 of U.S. Patent No. 
5,213,670; claims 1-8 and 11 of U.S. Patent No. 5,646,434; claims 1-23 
of U.S. Patent No. 5,851,899; claims 1-11 and 14-16 of U.S. Patent No. 
6,103,456; claims 1-8 and 11 of U.S. Patent No. 6,495,918; claims 1-18 
of U.S. Patent No. 6,593,240; and claims 1-3, 5, and 7-9 of U.S. Patent 
No. 6,714,055, 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--

Qimonda AG, Gustav-Heinemann-Ring 212, 81739 Munich, Germany.

    (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:

LSI Corporation, 1621 Barber Lane, Milpitas, CA 95035.
Seagate Technology, Ugland House, South Church Street, George Town, 
Grand Cayman KY1-1104, Cayman Islands.
Seagate Technology (US) Holdings Inc., 920 Disc Drive, Scotts Valley, 
CA 95066.
Seagate Technology LLC, 920 Disc Drive, Scotts Valley, CA 95066.
Seagate Memory Products (US) Corporation, 920 Disc Drive, Scotts 
Valley, CA 95066.
Seagate Technologies International (Singapore), 7000 Ang Mo Kio Avenue 
5, Seagate Technologies International, 569877 Singapore.
Seagate (US) LLC, 920 Disc Drive, Scotts Valley, CA 95066.

    (c) The Commission investigative attorney, party to this 
investigation, is Thomas S. Fusco, 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

[[Page 79166]]

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

    By order of the Commission.

    Issued: December 18, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-30620 Filed 12-23-08; 8:45 am]
BILLING CODE 7020-02-P