[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Notices]
[Pages 45221-45222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18289]



[[Page 45221]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-922]


Certain Devices Containing Non-Volatile Memory 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 June 27, 2014, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Macronix International Co., Ltd. of Taiwan and Macronix America, Inc., 
of Milpitas, California. 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 devices containing non-volatile memory and products containing 
the same by reason of infringement of certain claims of U.S. Patent No. 
5,998,826 (``the '826 patent''); U.S. Patent No. 6,031,757 (``the '757 
patent''); U.S. Patent No. 8,341,324 (``the '324 patent''); and U.S. 
Patent No. 8,341,330 (``the '330 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 a general exclusion 
order, or in the alternative a limited 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 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 28, 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 devices 
containing non-volatile memory and products containing the same by 
reason of infringement of one or more of claims 1, 2, 5, 7, 11, 12, 13, 
17, and 27-29 of the '826 patent; claims 1, 2, 4, 5, 7, 8, 12, and 13 
of the '757 patent; claims 1, 2, 7, 8, and 15 of the '324 patent; and 
claims 1-3 and 8-11 of the '330 patent, and whether an industry in the 
United States exists 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 complainants are:

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

    (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:

Spansion Inc., 915 DeGuigne Drive, Sunnyvale, CA 94085
Spansion LLC, 915 DeGuigne Drive, Sunnyvale, CA 94085
Spansion (Thailand) Ltd., 229 Moo 4 Changwattana Road, Pakkred, 
Nonthaburi 11120, Thailand
Aerohive Networks, Inc., 330 Gibralter Drive, Sunnyvale, CA 94089
Allied Telesis, Inc., 19800 N. Creek Parkway, Suite 100, Bothell, WA 
98011
Ciena Corporation, 7035 Ridge Road, Hanover, MD 20176
Delphi Automotive PLC, Courteney Road, Hoath Way, Gillingham, Kent ME8 
ORU, United Kingdom
Delphi Automotive Systems, LLC, 5725 Delphi Drive, Troy, MI 48098
Polycom, Inc., 6001 America Center Drive, San Jose, CA 95002
Ruckus Wireless, Inc., 350 West Java Drive, Sunnyvale, CA 94089
ShoreTel Inc., 960 Stewart Drive, Sunnyvale, CA 94085
Tellabs, Inc., 1415 West Diehl Road, Naperville, IL 60563
Tellabs North America, Inc., 1415 West Diehl Road, Naperville, IL 60563
TiVo Inc., 2160 Gold Street, San Jose, CA 95002

    (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.


[[Page 45222]]


    By order of the Commission.

    Issued: July 29, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-18289 Filed 8-1-14; 8:45 am]
BILLING CODE 7020-02-P