In the Matter of Certain Power Supply Controllers and Products Containing Same; Notice of Investigation, 34149-34150 [05-11649]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 70, Number 112 (Monday, June 13, 2005)]
[Notices]
[Pages 34149-34150]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11649]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 37-TA-541]


In the Matter of Certain Power Supply Controllers and Products 
Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION:  Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint filed with the U.S. 
International Trade Commission on May 9, 2005 under section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Power 
Integrations, Inc. of San Jose, California. A supplement to the 
complaint was filed on May 24, 2005. The complaint, as supplemented, 
alleges violation of section 337 in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain power supply controllers and products 
containing same by reason of infringement of claims 1, 2, 3, 6, 9, and 
17-19 of U.S. Patent No. 6,212,079; claims 1, 2, 3, 5, 6, 24, 28, and 
29 of U.S. Patent No. 6,351,398; claims 8 and 12 of U.S. Patent No. 
6,366,481, and claims 1, 4, 9-11 13, 17, 19, 20, 22, 23, 26, 27, 30, 
31, and 34 of U.S. Patent No. 6,538,908. The 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 permanent limited 
exclusion order and a permanent cease and desist order.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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 the 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: Anne Goodwin, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2574.

    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 (2003).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 7, 2005, 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 power supply 
controllers and products containing same by reason of infringement of 
claims 1, 2, 3, 6, 9, 17, 18, or 19 of U.S. Patent No. 6,212,079; 
claims 1, 2, 3, 5, 6, 24, 28, or 29 of U.S. Patent No. 6,351,398; 
claims 8 or 12 of U.S. Patent No. 6,366,481; or claims 1, 4, 9-11, 13, 
17, 19, 20, 22, 23, 26, 27, 30, 31, or 34 of U.S. Patent No. 6,538,908, 
and whether an industry in the United States exists 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 complainant is--Power Integrations, Inc., 5245 Hellyer 
Avenue, San Jose, California 95138.
    (b) The respondent is the following company alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: System General Corporation, 8F, No. 205-3, Sec. 3, 
Beishin Road, Shindian City, Taipei, Taiwan.
    (c) Anne Goalwin, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-R, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with Sec.  210.13 of 
the commission's Rules of Practice and

[[Page 34150]]

Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), 
such responses will be considered by the Commission if received no 
later than 20 days after the date of service by the Commission of the 
complaint and notice of investigation. Extensions of time for 
submitting responses to the complaint 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 both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: June 8, 2005.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-11649 Filed 6-10-05; 8:45 am]
BILLING CODE 7020-02-M