In the Matter of Certain NAND Flash Memory Devices and Products Containing Same; Notice of Investigation, 71170 [05-23249]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Notices]
[Page 71170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23249]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-553]


In the Matter of Certain NAND Flash Memory Devices 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 was filed with the 
U.S. International Trade Commission on October 20, 2005, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Hynix Semiconductor Inc. of Korea; Hynix Semiconductor America Inc. of 
San Jose, California; and Hynix Semiconductor Manufacturing America 
Inc. of Eugene, Oregon. A supplement was filed on November 8, 2005. The 
complaint, as supplemented, alleges violations 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 NAND flash 
memory devices and products containing same by reason of infringement 
of claims 1-5 of U.S. Patent No. 5,509,995, and claim 6 of U.S. Patent 
No. 5,869,404. 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 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: Steven R. Pedersen, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2781.

    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 (2005).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 17, 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 NAND flash 
memory devices or products containing same by reason of infringement of 
one or more of claims 1-5 of U.S. Patent No. 5,509,995, or claim 6 of 
U.S. Patent No. 5,869,404, 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 complainants are: Hynix Semiconductor Inc., San 136-1, Ami-
Ri Bubal-eub Ichon-Si, Kyoungki-do, Korea 467-860.
    Hynix Semiconductor America Inc., 3101 North First Street, San 
Jose, California 95134.
    Hynix Semiconductor Manufacturing America Inc., 1830 Willow Creek, 
Eugene, Oregon 97402.
    (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, 1-1, Shibaura 1-Chome, Minato-Ku, Tokyo 105-
8001, Japan.
    Toshiba America Electronic Components, Inc., 19900 MacArthur Blvd., 
Suite 400, Irvine, California 92612.
    Toshiba America Information Systems, Inc., 9740 Irvine Blvd., 
Irvine, California 92618.
    Toshiba America Consumer Products, L.L.C., 82 Totowa Road, Wayne, 
New Jersey 07470.
    (c) Steven R. Pedersen, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris 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 section 210.13 of 
the Commission's Rules of Practice and 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 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 
respondents, to find the facts to be as alleged in the complaint and 
this notice and to enter a final determination containing such 
findings, and may result in the issuance of a limited exclusion order 
or cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: November 18, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-23249 Filed 11-23-05; 8:45 am]
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