[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17687-17688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07319]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1046]


Certain Non-Volatile Memory Devices and Products Containing Same; 
Institution of Investigation

AGENCY: International Trade Commission (ITC).

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 7, 2017, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Macronix 
International Co., Ltd. of Taiwan and Macronix America, Inc. of 
Milpitas, California. Supplements to the Complaint were filed on March 
16, 2017. 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 devices and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 6,552,360 (``the '360 
patent''); U.S. Patent No. 6,788,602 (``the '602 patent''); and U.S. 
Patent No. 8,035,417 (``the '417 patent''). The complaint further 
alleges that an industry in the United States exists or is in the 
process of being established as required by the applicable Federal 
Statute.
    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 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, 
19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2017).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 6, 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 non-volatile 
memory devices and products containing same by reason of infringement 
of one or more of claims 1-8 of the '360 patent; claims 1-12 and 16 of 
the '602 patent; and claims 1-7, 11-16, and 18 of the '417 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) 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:

Toshiba Corporation, Shibaura 1-Chome Minato-ku, Tokyo 105-8001, Japan
Toshiba America, Inc., 1251 Avenue of the Americas Suite 4110, New 
York, NY 10020
Toshiba America Electronic Components, Inc., 9740 Irvine Boulevard 
Suite D700, Irvine, CA 92618
Toshiba America Information Systems, Inc., Digital Products Division, 
9740 Irvine Boulevard, Irvine, CA 92618
Toshiba Information Equipment (Philippines), Inc., 103 East Main Avenue 
Ext., Special Export Processing Zone, Laguna Technopark, Binan, Laguna, 
Philippines 4024

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

[[Page 17688]]

    (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(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: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07319 Filed 4-11-17; 8:45 am]
 BILLING CODE 7020-02-P