[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 446-447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31252]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-698]


In the Matter of Certain DC--DC Controllers and Products; 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 2, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Richtek Technology Corp. of Taiwan and Richtek USA, Inc. of San Jose, 
California. Supplements to the complaint were filed on December 3 and 
23, 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 DC--DC 
controllers and products containing same by reason of infringement of 
certain claims of U.S. Patent Nos. 7,315,190; 6,414,470; and 7,132,717; 
and by reason of trade secret misappropriation. The complaint further 
alleges that an industry in the United States exists as required by 
subsections (a)(1)(A) and (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and supplemental letters, 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: Heidi E. Strain, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2606.

    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 29, 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:
    (a) 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 DC--DC controllers or products containing the same that 
infringe one or more of claims 1-7, 26, and 27 of U.S. Patent No. 
7,315,190; claims 29 and 34 of U.S. Patent No. 6,414,470, and claims 1-
3 and 6-9 of U.S. Patent No. 7,132,717, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337; 
and
    (b) Whether there is a violation of subsection (a)(1)(A) 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 DC--DC controllers or products containing the same by reason of 
misappropriation of trade secrets, the threat or effect of which is to 
destroy or substantially injure an industry in the United States;
    (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 complainants are:
    Richtek Technology Corp., 5F, No. 20, Tai Yuen Street, Chupei City, 
Hsinchu, Taiwan 30288.
    Richtek USA, Inc., 1210 South Bascom Avenue, Suite 227, San Jose, 
CA 95128(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:
    uPI Semicondutor Corp., 7F. No. 2, Gongye East 3rd Rd., Hsinchu 
Science Park, Hsinchu 300, Taiwan.
    Advanced Micro Devices, Inc., One AMD Place, P.O. Box 3453, 
Sunnyvale, CA 94088-3453.
    Sapphire Technology Limited, Unit 1908--1919, 19/F., Tower 2, Grand

[[Page 447]]

Central Plaza, 138 Shatin Rural Committee Road, Shatin, N.T., Hong 
Kong.
    Best Data Products Inc., d/b/a Diamond Multimedia, Inc., 9650 De 
Soto Avenue, Chatsworth, CA 91311.
    XFX Technology, Inc., 1931 Lynx PlaceOntario, CA 91761.
    (c) The Commission investigative attorney, party to this 
investigation, is Heidi E. Strain, 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 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 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 29, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-31252 Filed 1-4-10; 8:45 am]
BILLING CODE 7020-02-P