[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Notices]
[Pages 15520-15521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7544]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-674]


 In the Matter of Certain Light Emitting Diode Chips, Laser Diode 
Chips 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 March 2, 2009, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Gertrude Neumark Rothschild of Hartsdale, New York. 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 light emitting diode chips, laser 
diode chips and products containing same by reason of infringement of 
certain claims of U.S. Patent No. 5,252,499. 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: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2572.

    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 March 31, 2009, 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 light 
emitting diode chips, laser diode chips or products containing same 
that infringe one or more of claims 10, 12, 13, and 16 of U.S. Patent 
No. 5,252,499, 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--

Gertrude Neumark Rothschild, 153 Old Colony Road, Hartsdale, New York 
10530-3609.

    (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:

Chi Mei Lighting Technology Corp., No. 12, Fonglin Road, Xinshi 
Township, Tainan County 744, Taiwan;
Tekcore Co., Ltd., No. 18, Tzi Chiang 3 Road, Nan Tou, Taiwan 540;
Toyolite Technologies Corp., 6F-2, No. 8 Ruiguang Road, NeiHu, Taipei, 
Taiwan;
Tyntek Corporation, No. 16, Industry E. 4th Road, Hsinchu Science Park, 
Hsinchu, Taiwan;
Visual Photonics Epitaxy Co., Ltd., No. 16, King Yeh 1st Road, Ping-Jen 
Industrial Zone, Ping-Jen City, 324 Taoyuan, Taiwan;
Xiamen Sanan Optoelectronics Technology Co., Ltd., No. 1721-1725 Luling 
Road, Xiamen, Fujian, China 361009.

    (c) The Commission investigative attorney, party to this 
investigation, is Juan Cockburn, 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 respondent 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.

[[Page 15521]]

    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 a respondent.

    By order of the Commission.

    Issued: March 31, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-7544 Filed 4-3-09; 8:45 am]
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