[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Notices]
[Pages 26041-26043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10558]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-841]


Certain Computers and Computer Peripheral Devices and Components 
Thereof and Products Containing the Same; 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 March 27, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Technology Properties Limited, LLC of Cupertino, California. Letters 
supplementing the complaint were filed on April 11, 2012, and April 16, 
2012. The complaint alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the

[[Page 26042]]

sale within the United States after importation of certain computers 
and computer peripheral devices and components thereof and products 
containing the same by reason of infringement of certain claims of U.S. 
Patent No. 6,976,623 (``the `623 patent''); U.S. Patent No. 7,162,549 
(``the `549 patent''); U.S. Patent No. 7,295,443 (``the `443 patent''); 
U.S. Patent No. 7,522,424 (``the `424 patent''); U.S. Patent No. 
6,438,638 (``the `638 patent''); and U.S. Patent No. 7,719,847 (``the 
`847 patent''). 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 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 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 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 26, 2012, 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 computers 
and computer peripheral devices and components thereof and products 
containing the same that infringe one or more of claims 1-4, 9-12, and 
17-19 of the `623 patent; claims 7, 11, 19, and 21 of the `549 patent; 
claims 1, 3, 4, 7, 9, 11, 12, and 14 of the `443 patent; claims 25, 26, 
28, and 29 of the `424 patent; claims 13-18 and 25-27 of the `638 
patent; and claims 1-3 of the `847 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 complainant is: Technology Properties Limited, LLC, 20883 
Stevens Creek Boulevard, Suite 100, Cupertino, CA 95014.
    (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:

Acer Inc., 8F, 88, Sec.1, Xintai 5th Road, Xizhi, New Taipei City 221, 
Taiwan.
Brother Industries, Ltd., 15-1, Naeshiro-cho, Mizuho-ku, Nagoya, Aichi 
467-8561, Japan.
Canon Inc., 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501, Japan.
Dane-Elec Memory, 159 Avenue Gallieni, BP33, 93171 Bagnolet Cedex, 
France.
Dell Inc., One Dell Way, Round Rock, TX 78682.
Falcon Northwest Computer Systems, Inc., 2015 Commerce Drive, Medford, 
OR 97504.
Fujitsu Limited, Shiodome City Center, 1-5-2 Higashi-Shinbashi, Minato-
ku, Tokyo, 105-7123, Japan.
Jasco Products Company, 10 East Memorial Road, Building B, Oklahoma 
City, OK 73114 -2205.
Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, CA 94304-1185.
HiTi Digital, Inc., 9F., No. 225, Sec. 3, Beixin Road, Xindian Dist., 
New Taipei City 231, Taiwan.
Kingston Technology Company, Inc.,
17600 Newhope Street,
Fountain Valley, CA 92708.

Micron Technology, Inc.,
8000 S. Federal Way,
Boise, ID 83707-0006.

Lexar Media, Inc.,
47300 Bayside Parkway,
Fremont, CA 94538.

Microdia Limited,
The Concourse, Technology Drive,
San Jose, CA 95110.

Newegg Inc.,
16839 East Gale Avenue,
City of Industry, CA 91745.

Rosewill Inc.,
17708 Rowland Street,
City of Industry, CA 91748.

Sabrent,
9720 Variel Avenue,
Chatsworth, CA 91311.

Samsung Electronics Co., Ltd.,
Samsung Main Building,
250, Taepyeongno 2-ga, Jung-gu,
Seoul 100-742,
Republic of Korea.

Seiko Epson Corporation,
3-3-5 Owa, Suwa,
Nagano,
Japan.

Shuttle Inc.,
No. 30, Lane 76, Rei Kuang Road,
Nei-Hu Dist., Taipei,
Taiwan.

Systemax Inc.,
11 Harbor Park Drive,
Port Washington, NY 11050.

    (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 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.


[[Page 26043]]


    By order of the Commission.

    Issued: April 27, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-10558 Filed 5-1-12; 8:45 am]
BILLING CODE 7020-02-P