[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Notices]
[Pages 58382-58383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23094]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-931]


Certain Formatted Magnetic Data Storage Tapes and Cartridges 
Containing the 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 August 22, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Advanced Research Corporation of White Bear Lake, Minnesota. A 
supplement to the complaint was filed on September 8, 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 formatted magnetic data 
storage tapes and cartridges containing the same by reason of 
infringement of certain claims of U.S. Patent No. 7,525,761 (``the `761 
patent''); U.S. Patent No. 7,948,705 (``the `705 patent''); U.S. Patent 
No. 8,254,052 (``the `052 patent''); U.S. Patent No. 8,437,103 (``the 
`103 patent''); and U.S. Patent No. 8,542,457 (``the `457 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 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 September 23, 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 formatted 
magnetic data storage tapes and cartridges containing the same by 
reason of infringement of one or more of claims 1-12 of the `761 
patent; claims 1-5 and 9 of the `705 patent; claims 1, 2, 4-9,

[[Page 58383]]

11-15, 17, and 18 of the `052 patent; claims 1-6 of the `103 patent; 
and claims 1-6 and 10-12 of the `457 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 complainant is:
Advanced Research Corporation, 4459 White Bear Parkway, White Bear 
Lake, MN 55110.
    (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:

International Business Machines Corp., New Orchard Road, Armonk, NY 
10504.
Fujifilm Holdings Corporation, 7-3, Akasaka 9-chome, Minato-ku, Tokyo 
107-0052, Japan.
Fujifilm Corporation, 7-3, Akasaka 9-chome, Minato-ku, Tokyo 107-0052, 
Japan.
Oracle Corporation, 500 Oracle Parkway, Redwood Shores, CA 94065.
    (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.

    Issued: September 24, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-23094 Filed 9-26-14; 8:45 am]
BILLING CODE 7020-02-P