[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3359-3360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00423]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1034]


Certain Flash Memory Devices and Components Thereof; 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 December 6, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Memory Technologies, LLC of Las Vegas, Nevada. An amended complaint was 
filed on December 12, 2016. The amended 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 flash memory devices and components thereof by 
reason of infringement of certain claims of U.S. Patent No. RE45,542 
(``the '542 patent''); U.S. Patent No. RE45,486 (``the '486 patent''); 
U.S. Patent No. 7,565,469 (``the '469 patent''); U.S. Patent No. 
9,063,850 (``the '850 patent''); and U.S. Patent No. 8,307,180 (``the 
'180 patent''). The amended 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 a limited exclusion 
order and cease and desist orders.

ADDRESSES: The amended 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 https://www.usitc.gov. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS) at https://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 (2016).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on January 5, 2017, 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 flash memory 
devices and components thereof by reason of infringement of one or more 
of claim 38 of the '542 patent; claims 6, 9, 10, 22, 23, 26, and 27 of 
the '486 patent; claim 19 of the '469 patent; claim 10 of the '850 
patent; and claims 17-19, 21, 22, and 27 of the '180 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 or 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:

Memory Technologies, LLC, 6787 W. Tropicana Avenue, Suite 238, Las 
Vegas, NV 89103

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

SanDisk LLC, 951 SanDisk Drive, Milpitas, CA 95035
Western Digital Corporation, 3355 Michelson Drive, Suite 100, Irvine, 
CA 92612
Western Digital Technologies, Inc., 951 SanDisk Drive, Milpitas, CA 
95035
SanDisk Limited, 8F Nisso 15 Bldg. 2-17-19 Shin-Yokohama, Kohoku-ku, 
Yokohama, Japan 222-0033
SanDisk Storage Malaysia Sdn. Bhd., Plot 18, Lorong Jelawat 4, Kawasan, 
Perindustrian, Seberang Jaya, 13700 Perai, Penang, Malaysia
SanDisk SemiConductor (Shanghai) Co., Ltd., No. 388, Jiang Chuan East 
Road, Minhang District, Shanghai 200241, China

    (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 amended 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

[[Page 3360]]

Commission of the amended complaint and the notice of investigation. 
Extensions of time for submitting responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: January 5, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-00423 Filed 1-10-17; 8:45 am]
 BILLING CODE 7020-02-P