In the Matter of Certain DC-DC Controllers and Products; Notice of Investigation, 446-447 [E9-31252]

Download as PDF 446 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices Sharp Corporation, 22–22 Nagaike-cho, Abeno-ku, Osaka 545–8522, Japan; Sharp Electronics Corporation, Sharp Plaza, Mahwah, NJ 07430–2135; Sharp Electronics Manufacturing, Company of America, Inc., 9295 Siempre Viva Road, Suite J2, San Diego, CA 92154. srobinson on DSKHWCL6B1PROD with PROPOSALS (c) The Commission investigative attorney, party to this investigation, is Daniel L. Girdwood, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern, 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(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 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: December 30, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–31359 Filed 1–4–10; 8:45 am] BILLING CODE 7020–02–P VerDate Nov<24>2008 16:41 Jan 04, 2010 Jkt 220001 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–698] In the Matter of Certain DC—DC Controllers and Products; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 2, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Richtek Technology Corp. of Taiwan and Richtek USA, Inc. of San Jose, California. Supplements to the complaint were filed on December 3 and 23, 2009. 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 DC—DC controllers and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 7,315,190; 6,414,470; and 7,132,717; and by reason of trade secret misappropriation. The complaint further alleges that an industry in the United States exists as required by subsections (a)(1)(A) and (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. SUMMARY: The complaint and supplemental letters, 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 its Internet server at http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. ADDRESSES: PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Heidi E. Strain, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2606. 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 (2009). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 29, 2009, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) 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 DC—DC controllers or products containing the same that infringe one or more of claims 1–7, 26, and 27 of U.S. Patent No. 7,315,190; claims 29 and 34 of U.S. Patent No. 6,414,470, and claims 1–3 and 6–9 of U.S. Patent No. 7,132,717, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; and (b) Whether there is a violation of subsection (a)(1)(A) 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 DC—DC controllers or products containing the same by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States; (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: Richtek Technology Corp., 5F, No. 20, Tai Yuen Street, Chupei City, Hsinchu, Taiwan 30288. Richtek USA, Inc., 1210 South Bascom Avenue, Suite 227, San Jose, CA 95128(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: uPI Semicondutor Corp., 7F. No. 2, Gongye East 3rd Rd., Hsinchu Science Park, Hsinchu 300, Taiwan. Advanced Micro Devices, Inc., One AMD Place, P.O. Box 3453, Sunnyvale, CA 94088–3453. Sapphire Technology Limited, Unit 1908—1919, 19/F., Tower 2, Grand E:\FR\FM\05JAN1.SGM 05JAN1 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices srobinson on DSKHWCL6B1PROD with PROPOSALS Central Plaza, 138 Shatin Rural Committee Road, Shatin, N.T., Hong Kong. Best Data Products Inc., d/b/a Diamond Multimedia, Inc., 9650 De Soto Avenue, Chatsworth, CA 91311. XFX Technology, Inc., 1931 Lynx PlaceOntario, CA 91761. (c) The Commission investigative attorney, party to this investigation, is Heidi E. Strain, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern, 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(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 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: December 29, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–31252 Filed 1–4–10; 8:45 am] BILLING CODE 7020–02–P VerDate Nov<24>2008 16:41 Jan 04, 2010 Jkt 220001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–630] In the Matter of Certain Semiconductor Chips With Minimized Chip Package Size and Products Containing Same (III); Notice of the Commission’s Final Determination of No Violation of Section 337; Termination of the Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined that there has been no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation, and has terminated the investigation. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3042. Copies of non-confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: This investigation was instituted on January 14, 2008, based on a complaint filed by Tessera, Inc. of San Jose, California (‘‘Tessera’’) on December 21, 2007, and supplemented on December 28, 2007. 73 FR 2276 (Jan. 14, 2008). The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain semiconductor chips with minimized chip package size or products containing the same by reason of infringement of various claims of United States Patent Nos. 5,663,106 (‘‘the ’106 patent’’); 5,679,977 (‘‘the ’977 patent’’); 6,133,627 (‘‘the ’627 patent’’); and 6,458,681 (‘‘the ’681 patent’’). The PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 447 complaint named eighteen respondents. Several respondents were terminated from the investigation based on settlement agreements and consent orders. Two respondents defaulted. The following respondents remain in the investigation: Acer Inc. of Taipei, Taiwan; Acer America Corp. of San Jose, CA; Centon Electronics, Inc. of Aliso Viejo, CA; Elpida Memory, Inc. of Tokyo, Japan and Elpida Memory (USA), Inc. of Sunnyvale, CA (collectively, ‘‘Elpida’’); Kingston Technology Co., Inc. of Fountain Valley, CA; Nanya Technology Corporation of Taoyuan, Taiwan; Nanya Technology Corp. USA of San Jose, CA; Powerchip Semiconductor Corporation of Hsinchu, Taiwan; ProMOS Technologies, Inc. of Hsinchu, Taiwan; Ramaxel Technology Ltd. of Hong Kong, China; and SMART Modular Technologies, Inc. of Fremont, CA. The ’681 patent was terminated from the investigation prior to the hearing. On August 28, 2009, the Administrative Law Judge (‘‘ALJ’’) issued his final Initial Determination (‘‘ID’’), finding no violation of section 337 by Respondents with respect to any of the asserted claims of the asserted patents. Specifically, the ALJ found that the accused products do not infringe the asserted claims of the ’106 patent. The ALJ also found that none of the cited references anticipates the asserted claims and that none of the cited references renders the asserted claims obvious. The ALJ further found that the asserted claims of the ’106 patent satisfy the requirement of 35 U.S.C. 112, first, second and fourth paragraphs. Likewise, the ALJ found that the accused products do not infringe the asserted claims of the ’977 and ’627 patents and that none of the cited references anticipates the asserted claims of the patents. The ALJ further found that the asserted claims of the ’977 and ’627 patents satisfy the definiteness requirement of 35 U.S.C. 112, second paragraph, and that Respondents waived their argument with respect to obviousness. The ALJ also found that all chips Respondents purchased from Tessera licensees were authorized to be sold by Tessera and, thus, Tessera’s rights in those chips became subject to exhaustion, but that Respondents, except Elpida, did not purchase all their chips from Tessera licensees. On September 17, 2009, Tessera and the Commission investigative attorney filed petitions for review of the ID. That same day, Respondents filed contingent petitions for review of the ID. On October 1, 2009, the parties filed responses to the various petitions and contingent petitions for review. E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 446-447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31252]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-698]


In the Matter of Certain DC--DC Controllers and Products; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

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

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 2, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Richtek Technology Corp. of Taiwan and Richtek USA, Inc. of San Jose, 
California. Supplements to the complaint were filed on December 3 and 
23, 2009. 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 DC--DC 
controllers and products containing same by reason of infringement of 
certain claims of U.S. Patent Nos. 7,315,190; 6,414,470; and 7,132,717; 
and by reason of trade secret misappropriation. The complaint further 
alleges that an industry in the United States exists as required by 
subsections (a)(1)(A) and (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and supplemental letters, 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 its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Heidi E. Strain, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2606.

    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 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 29, 2009, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 DC--DC controllers or products containing the same that 
infringe one or more of claims 1-7, 26, and 27 of U.S. Patent No. 
7,315,190; claims 29 and 34 of U.S. Patent No. 6,414,470, and claims 1-
3 and 6-9 of U.S. Patent No. 7,132,717, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337; 
and
    (b) Whether there is a violation of subsection (a)(1)(A) 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 DC--DC controllers or products containing the same by reason of 
misappropriation of trade secrets, the threat or effect of which is to 
destroy or substantially injure an industry in the United States;
    (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:
    Richtek Technology Corp., 5F, No. 20, Tai Yuen Street, Chupei City, 
Hsinchu, Taiwan 30288.
    Richtek USA, Inc., 1210 South Bascom Avenue, Suite 227, San Jose, 
CA 95128(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:
    uPI Semicondutor Corp., 7F. No. 2, Gongye East 3rd Rd., Hsinchu 
Science Park, Hsinchu 300, Taiwan.
    Advanced Micro Devices, Inc., One AMD Place, P.O. Box 3453, 
Sunnyvale, CA 94088-3453.
    Sapphire Technology Limited, Unit 1908--1919, 19/F., Tower 2, Grand

[[Page 447]]

Central Plaza, 138 Shatin Rural Committee Road, Shatin, N.T., Hong 
Kong.
    Best Data Products Inc., d/b/a Diamond Multimedia, Inc., 9650 De 
Soto Avenue, Chatsworth, CA 91311.
    XFX Technology, Inc., 1931 Lynx PlaceOntario, CA 91761.
    (c) The Commission investigative attorney, party to this 
investigation, is Heidi E. Strain, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, 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(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 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: December 29, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-31252 Filed 1-4-10; 8:45 am]
BILLING CODE 7020-02-P