[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices]
[Pages 42730-42731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18049]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-788]


In the Matter of Certain Univeral Serial Bus (``USB'') Portable 
Storage Devices, Including USB Flash Drives and Components Thereof; 
Notice of Institution of Investigation; Institution of Investigation 
Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on June 14, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Trek 2000 International Ltd., of Singapore; Trek Technology (Singapore) 
Pte. Ltd. of Singapore; and S-Com System (S) Pte. Ltd. of Singapore. 
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 universal 
serial bus (``USB'') portable storage devices, including USB flash 
drives and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 6,880,054 (``the `054 patent''); U.S. Patent 
No. 7,039,759 (``the `759 patent''); U.S. Patent No. D463,426 (``the 
`426 patent'') and U.S. Patent No. 7,549,161 (``the `161 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

ADDRESSES: The complaint, except for any confidential information 
contained

[[Page 42731]]

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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2011).

SCOPE OF INVESTIGATION:  Having considered the complaint, the U.S. 
International Trade Commission, on July 13, 2011, 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 universal 
serial bus (``USB'') portable storage devices, including USB flash 
drives and components thereof that infringe one or more of claims 3-5 
of the `054 patent; claims 1 and 10 of the `759 patent; claims 1-3 of 
the `161 patent; and the claim of the `426 patent, 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 complainants are:

Trek 2000 International Ltd., 30 Loyang Way 07--13/14/15, 
Loyang Industrial Estate, Singapore;
Trek Technology (Singapore) Pte. Ltd., 3 Lim Teck Kim Road 01-
03, Genting Centre, Singapore;

S-Com System (S) Pte. Ltd., 3 Lim Teck Kim Road 01-03, Genting 
Centre, Singapore.

    (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:

Imation Corporation, 1 Imation Way, Oakdale, MN 55128;
IronKey, Inc., 600 West California Avenue, Sunnyvale, CA 94086;
Kingston Technology Company, Inc., 17600 Newhope Street, Fountain 
Valley, CA 92708;
Patriot Memory, LLC, 47027 Benicia Street, Fremont, CA 94538;
    RITEK Corporation, No. 42, Kuan-Fu North Road, Hsin-Chu Industrial 
Park, Hsinchu, Taiwan 30316;
Advanced Media, Inc./RITEK USA, 1440 Bridgegate Drive, Suite 395, 
Diamond Bar, CA 91765;
Verbatim Corporation, Inc., 1200 West W.T. Harris Boulevard, Charlotte, 
NC 28262;
Verbatim Americas, LLC, 1200 West W.T. Harris Boulevard, Charlotte, NC 
28262.

    (c) The 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)-(e) 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: July 13, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-18049 Filed 7-18-11; 8:45 am]
BILLING CODE 7020-02-P