[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68077-68078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30334]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-695]


Certain Silicon Microphone Packages and Products Containing the 
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 and motion for 
temporary relief was filed with the U.S. International Trade Commission 
on November 12, 2009, under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, on behalf of Knowles Electronic LLC of Itasca, 
Illinois. A supplement to the complaint was filed on December 1, 2009. 
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 silicon 
microphone packages and products containing the same by reason of 
infringement of certain claims of U.S. Patent No. 6,781,231 and U.S. 
Patent No. 7,242,089. 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 a cease and desist order.
    The motion for temporary relief requests that the Commission issue 
a temporary limited exclusion order and temporary cease and desist 
order prohibiting the importation into and the sale within the United 
States after importation of certain silicon microphone packages and 
products containing the same that infringe claim 1 of U.S. Patent No. 
6,781,231 and claims 1, 2, 7, 15, 16, 17, 18, and 20 of U.S. Patent No. 
7,242,089 during the course of the Commission's investigation.

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: Mareesa A. Frederick, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2055.

    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 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 16, 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 silicon microphone 
packages and products containing the same that infringe one or more of 
claim 1 of U.S. Patent No. 6,781,231 and claims 1, 2, 7, 15, 16, 17, 
18, and 20 of U.S. Patent No. 7,242,089, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to section 210.58 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief 
under subsection (e) of section 337 of the Tariff Act of 1930, which 
was filed with the complaint, is provisionally accepted and referred to 
the presiding administrative law judge for investigation;
    (3) 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: Knowles Electronics LLC, 1151 Maplewood 
Drive, Itasca, IL 60143.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Analog Devices Inc., One Technology Way, P.O. Box 9106, 
Norwood, MA 02062-9106.

[[Page 68078]]

    (c) The Commission investigative attorney, party to this 
investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding Administrative Law Judge.
    Responses to the complaint, the motion for temporary relief, and 
the notice of investigation must be submitted by the named respondent 
in accordance with sections 210.13 and 210.59 of the Commission's Rules 
of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to 19 CFR 
201.16(d), 210.13(a), and 210.59, such responses will be considered by 
the Commission if received not later than 10 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, motion for temporary relief, and the notice of investigation 
will not be granted unless good cause therefor is shown.
    Failure of the respondent to file a timely response to each 
allegation in the complaint, in the motion for temporary relief, and in 
this notice may be deemed to constitute a waiver of the right to appear 
and contest the allegations of the complaint, the motion for temporary 
relief, 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, the motion for temporary 
relief, 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.

    Issued: December 16, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-30334 Filed 12-21-09; 8:45 am]
BILLING CODE 7020-02-P