[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Pages 79215-79216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32593]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-819]


Certain Semiconductor Chips With Dram Circuitry, and Modules and 
Products Containing Same; Institution of Investigation

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 November 15, 2011, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Elpida Memory, Inc. of Tokyo, Japan and Elpida Memory (USA) Inc. of 
Sunnyvale, California. A supplement to the complaint was filed on 
December 5, 2011. 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 
semiconductor chips with DRAM circuitry, and modules and products 
containing same by reason of infringement of certain claims of U.S. 
Patent No. 6,150,689 (``the `689 patent''); U.S. Patent No. 6,635,918 
(``the `918 patent''); U.S. Patent No. 6,555,861 (``the `861 patent''); 
U.S. Patent No. 7,659,571 (``the `571 patent''); U.S. Patent No. 
7,713,828 (``the `828 patent''); U.S. Patent No. 7,495,453 (``the `453 
patent''); and U.S. Patent No. 7,906,809 (``the `809 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 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: The Office of the Secretary, Docketing 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

    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 December 15, 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 
semiconductor chips with DRAM circuitry, and modules and products 
containing same that infringe one or more of claims 1-6, 8-11, and 15-
18 of the `689 patent; claims 1-16 and 18-21 of the `918 patent; claims 
1, 3, 4, and 9-14 of the `861 patent; claims 1, 3, and 4 of the `571 
patent; claims 1, 5, and 6 of the `828 patent; claims 1, 15, and 27 of 
the `453 patent; and claims 1 and 2 of the `809 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:

Elpida Memory, Inc., Sumitomo Seimei Yaesu Bldg. 3F, 2-1 Yaesu 2-chome, 
Chuo-ku, Tokyo 104-0028, Japan.
Elpida Memory (USA) Inc., 1175 Sonora Court, Sunnyvale, CA 94086.

    (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:

Nanya Technology Corporation, No. 669, FuhShing 3RD, KueiShan, TaoYuan, 
Taiwan.
Nanya Technology Corporation, U.S.A., 5104 Old Ironsides Drive, Suite 
113, Santa Clara, CA 95054.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.

[[Page 79216]]

    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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.

    Issued: December 15, 2011.

    By order of the Commission.
James R. Holbein.
Secretary to the Commission.
[FR Doc. 2011-32593 Filed 12-20-11; 8:45 am]
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