[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32312-32313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12903]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-916]


Certain Non-Volatile Memory Chips 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 April 29, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Spansion LLC of Sunnyvale, California. A supplement to the complaint 
was filed on May 9, 2014. 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 non-volatile memory chips and products containing the same by 
reason of infringement of certain claims of U.S. Patent No. 6,246,611 
(``the '611 patent''); U.S. Patent No. 6,744,666 (``the '666 patent''); 
U.S. Patent No. 6,399,446 (``the '446 patent''); and U.S. Patent 
6,436,766 (``the '766 patent''). The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general 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.

[[Page 32313]]


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 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 29, 2014, 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 non-volatile 
memory chips and products containing the same by reason of infringement 
of one or more of claims 1-7 and 9-13 of the '611 patent; claims 1, 3-
5, 8, and 10-13 of the '666 patent; claims 1, 5-12, 15-17, 20, and 21 
of the '446 patent; and claims 1, 4-11, 13-15, 17, 18, and 22 of the 
'766 patent, and whether an industry in the United States exists or is 
in the process of being established as required by subsection (a)(2) of 
section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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: Spansion LLC, 915 DeGuigne Drive, 
Sunnyvale, CA 94085.
    (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:

Macronix International Co., Ltd., No. 16, Li-Hsin Road, Science Park, 
Hsin-chu, Taiwan
Macronix America, Inc., 680 North McCarthy Boulevard, Suite 200, 
Milpitas, CA 95035
Macronix Asia Limited, NKF Bldg. 5F, 1-2 Higashida-cho, Kawasaki-ku, 
Kawasaki-shi, Kanagawa Pref. 210-0005, Japan
Macronix (Hong Kong) Co., Ltd., 702-703, 7/F, Building 9, Hong Kong 
Science, Park, 5 Science Park West Avenue, Sha Tin, N.T., Hong Kong
Acer Inc., 8F, 88, Sec. 1, Xintai 5th Road, Xizhi, New Taipei City 221, 
Taiwan
Acer America Corporation, 333 West San Carlos Street, Suite 1500, San 
Jose, CA 95110
ADT Corporation, 1501 Yamato Road, Boca Raton, FL 33431
Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98109
ASRock Inc., 2F No. 37, Sec. 2, Jhongyang S. Road, Beitou District, 
Taipei City 112, Taiwan
ASRock America, Inc., 13848 Magnolia Avenue, Chino, CA 91710
ASUSTek Computer Inc., No. 15, Li-Te Road, Beitou District, Taipei 112, 
Taiwan
ASUS Computer International, 800 Corporate Way, Fremont, CA 94539
Belkin International, Inc., 12045 E. Waterfront Drive, Playa Vista, CA 
90094
D-Link Corporation, No. 289, Sinhu 3rd Road, Neihu District, Taipei 
City, 114, Taiwan
D-Link Systems, Inc., 17595 Mt. Herrmann Street, Fountain Valley, CA 
92708
Leap Motion, Inc., 333 Bryant Street, Suite LL150, San Francisco, CA 
94107
Lowe's Companies, Inc., 1000 Lowes Boulevard, Mooresville, NC 28117
Lowe's Home Centers, Inc., 1605 Curtis Bridge Road, Wilkesboro, NC 
28117
Microsoft Corp., One Microsoft Way, Redmond, WA 98052
Nintendo Co., Ltd., 11-1 Kamitobo-hokotate-cho, Minami-ku, Kyoto, Japan
Nintendo of America, Inc., 4600 150th Avenue NE., Redmond, WA 98052
Sercomm Corporation, 8F, No. 3-1, Yuan Qu St., Nan Kang, Taipei 115, 
Taiwan
Vonage Holdings Corp., 23 Main Street, Holmdel, NJ 07733
Vonage America Inc., 23 Main Street, Holmdel, NJ 07733
Vonage Marketing LLC, 23 Main Street, Holmdel, NJ 07733

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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(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.

    Dated: May 29, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-12903 Filed 6-3-14; 8:45 am]
BILLING CODE 7020-02-P