[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Notices]
[Pages 55109-55110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22640]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-698; (Enforcement Proceeding)]


In the Matter of Certain DC-DC Controllers and Products 
Containing Same; Notice of Institution of Formal Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
the August 13, 2010, consent orders issued in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3061. Copies of all 
nonconfidential documents filed in connection with this investigation 
are or will be 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., Washington, DC 
20436, telephone 202-205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server 
(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/. Hearing-impaired persons are advised that information 
on the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the original 
investigation on December 29, 2009, based on a complaint filed by 
Richtek Technology Corp. of Taiwan and Richtek USA, Inc. of San Jose, 
California (collectively ``Richtek''). 75 FR 446-47. The complaint, as 
amended, alleged violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, in the importation into the United

[[Page 55110]]

States, the sale for importation, and the sale within the United States 
after importation of certain DC-DC controllers and products containing 
the 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 Commission's notice of investigation named the 
following respondents: VisionTek Products LLC (``VisionTek'') of 
Inverness, Illinois; uPI Semiconductor Corp. (``uPI'') of Taiwan; 
Sapphire Technology Limited (``Sapphire'') of Hong Kong; Advanced Micro 
Devices, Inc. of Sunnyvale, California; Best Data Products d/b/a 
Diamond Multimedia of Chatsworth, California; Eastcom, Inc. d/b/a XFX 
Technology USA of Rowland Heights, California; Micro-Star International 
Co., Ltd. of Taiwan; and MSI Computer Corp. of City of Industry, 
California.
    On August 13, 2010, the Commission issued notice of its 
determination not to review the presiding administrative law judge's 
(``ALJ'') initial determination (``ID'') granting uPI's and Sapphire's 
joint motion to terminate the investigation as to themselves based on 
consent orders. The consent orders prohibit the importing, offering for 
sale, and selling for importation DC-DC controllers, or products 
containing the same, into the United States that infringe the asserted 
patents or that contain or use the asserted trade secrets. 
Subsequently, on October 21, 2010, the Commission issued notice of its 
determination not to review the ALJ's ID granting a joint motion to 
terminate the investigation as to VisionTek based on a settlement 
agreement and terminating the investigation in its entirety because 
VisionTek was the sole respondent remaining in the investigation, the 
others having been terminated based on settlement agreements or consent 
orders during the investigation.
    On July 21, 2011, Richtek filed a complaint for enforcement 
proceedings under Commission Rule 210.75. Richtek asserts that uPI and 
Sapphire have violated the August 13, 2010 consent orders by the 
continued practice of prohibited activities such as importing, offering 
for sale, and selling for importation into the United States DC-DC 
controllers or products containing the same that infringe the asserted 
patents or that contain or use the asserted trade secrets.
    Having examined the complaint seeking a formal enforcement 
proceeding, and having found that the complaint complies with the 
requirements for institution of a formal enforcement proceeding 
contained in Commission rule 210.75, the Commission has determined to 
institute formal enforcement proceedings to determine whether uPI and/
or Sapphire are in violation of the August 13, 2010 consent orders 
issued in the investigation, and what, if any, enforcement measures are 
appropriate. The following entities are named as parties to the formal 
enforcement proceeding: (1) Richtek, (2) respondents uPI and Sapphire, 
and (3) the Office of Unfair Import Investigations.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    By order of the Commission.

    Issued: August 30, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-22640 Filed 9-2-11; 8:45 am]
BILLING CODE 7020-02-P