[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Notices]
[Pages 9558-9560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04784]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1148]
Certain Integrated Circuits and Products Containing the Same
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice; Institution of Investigation Pursuant to 19 U.S.C.
1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on
[[Page 9559]]
December 19, 2018, under section 337 of the Tariff Act of 1930, as
amended, on behalf of Tela Innovations, Inc. of Los Gatos, California.
The complaint was amended on February 7, 2019. Supplements to the
amended complaint were filed on February 13 and 26, 2019. The
complaint, as amended, 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 integrated
circuits and products containing the same by reason of infringement of
certain claims of U.S. Patent No. 7,943,966 (``the '966 patent''); U.S.
Patent No. 7,948,012 (``the '012 patent''); U.S. Patent No. 10,141,334
(``the '334 patent''); U.S. Patent No. 10,141,335 (``the '335
patent''); and U.S. Patent No. 10,186,523 (``the '523 patent''). The
amended complaint further alleges that an industry in the United States
exists as required by the applicable Federal Statute.
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: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
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 (2018).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on March 8, 2019, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 2, 32, and 33 of the '966 patent; claims 2, 27, and 28 of the
'012 patent; claims 1, 2, 5, 6, 9, 11, 15, 20, and 24 of the '334
patent; claims 1, 2, 5, 6, 9, 11, 15, 20, and 24 of the '335 patent;
and claims 1-12, 14-20, 22-24, and 26 of the '523 patent, and whether
an industry in the United States exists as required by subsection
(a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``Intel's 14nm or
smaller Tri-Gate integrated circuits and products that contain such
Intel integrated circuits, specifically, microprocessors, modems, field
programmable gate arrays (FPGAs), printed circuit boards, chipsets,
laptops, desktops, computer tablets, all-in-one PCs, notebooks,
servers, board-level computers, and board-level computer kits'';
(3) 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);
(4) 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: Tela Innovations, Inc., 475 Alberto Way,
Suite 120, Los Gatos, CA 95032.
(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:
Acer, Inc., 1F, 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
AsusTek Computer Inc., No. 15, Li-Te Road, Beitou District, Taipai 112,
Taiwan
Asus Computer International, 800 Corporate Way, Fremont, CA 94539
Intel Corporation, 2200 Mission College Boulevard, Santa Clara, CA
95052
Lenovo Group Ltd., No. 6 Chuang Ye Road, Shangdi Information Industry
Base, Beijing 100085, China
Lenovo (United States) Inc., 1009 Think Place, Morrisville, NC 27560
Micro-Star International Co., Ltd., No. 69, Lide Street, Zhonghe
District, New Taipei City 235, Taiwan
MSI Computer Corp., 901 Canada Court, City of Industry, CA 91748
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) 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 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.
[[Page 9560]]
Issued: March 11, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-04784 Filed 3-14-19; 8:45 am]
BILLING CODE 7020-02-P