In the Matter of Certain Semiconductor Chips Having Synchronous Dynamic Random Access Memory Controllers and Products Containing Same; Notice of Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order and Cease and Desist Orders, 44989-44990 [2010-18715]
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Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Notices
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Benjamin Levi, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2781.
srobinson on DSKHWCL6B1PROD with NOTICES
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
(2010).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
July 26, 2010, 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 toner cartridges
or components thereof that infringe one
or more of claims 128–130, 132, 133,
and 139–143 of the ‘803 patent; and
claims 24–30 of the ‘454 patent, 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:
Canon Inc., 30–2, Shimomaruko 3chome, Ohta-ku, Tokyo 146–8501 Japan.
Canon U.S.A., Inc., One Canon Plaza,
Lake Success, NY 11042, Canon
Virginia, Inc., 12000 Canon Boulevard,
Newport News, VA 23606.
(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:
Ninestar Image Int’l, Ltd., No. 63,
Mingzhubei Road, Zhuhai, China
519075.
Ninestar Technology Co., Ltd., No. 63,
Mingzhubei Road, Zhuhai, China
519075.
Ninestar Management Co., Ltd., No.
63, Mingzhubei Road, Zhuhai, China
519075, Zhuhai Seine Technology Co.,
Ltd., No. 63, Mingzhubei Road, Zhuhai,
China 519075.
Seine Image Int’l Co., Ltd., 9/F Unit
18, New Commerce Centre, No. 9 On Lai
Str., Shatin, Hong Kong.
Ninestar Image Co., Ltd., 9/F Unit 18,
New Commerce Centre, No. 9 On Lai
Str., Shatin, Hong Kong.
Ziprint Image Corp., 19805 Harrison
Avenue, Walnut, CA 91789.
VerDate Mar<15>2010
16:29 Jul 29, 2010
Jkt 220001
Nano Pacific Corp., 377 Swift Avenue,
South San Francisco, CA 94080.
Ninestar Tech. Co., Ltd., 17950 East
Ajax Circle, City of Industry, CA, 91748.
Town Sky, Inc., 5 S. Linden Avenue,
Suite 4, South San Francisco, CA,
94080.
ACM Technologies, Inc., 2535
Research Drive, Corona, CA 92882.
LD Products, Inc., 2500 Grand
Avenue, Long Beach, CA 90815.
Printer Essentials.com, Inc., 5190 Neil
Road, Ste. 205, Reno, NV 89502.
XSE Group, Inc., d/b/a Image Star, 35
Philmack Drive, Middletown, CT. 06457
Copy Technologies, Inc., d/b/a ITM
Corporation, 130 James Aldredge, Blvd.
SW., Atlanta, GA 30336.
Red Powers, Inc., d/b/a
LaptopTraveller.com, 120 West Grand
Avenue #205, Alhambra, CA 91801.
Direct Billing International, Inc.,
d/b/a OfficeSupplyOutfitters.com, 5910
Sea Lion Place, Suite 100, Carlsbad, CA
92010.
Compu-Imaging, Inc., 8880 N.W. 18th
Terrace, Doral, FL 33172.
EIS Office Solutions, Inc., 5803
Sovereign Drive, Suite 214, Houston, TX
77036.
123 Refills, Inc., 4981 Irwindale
Avenue, Suite 200, Irwindale, CA
91706.
(c) The Commission investigative
attorney, party to this investigation, is
Benjamin Levi, 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)–(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 therefore 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
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Fmt 4703
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44989
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.
Issued: July 26, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–18708 Filed 7–29–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–661]
In the Matter of Certain Semiconductor
Chips Having Synchronous Dynamic
Random Access Memory Controllers
and Products Containing Same; Notice
of Commission Final Determination of
Violation of Section 337; Termination
of Investigation; Issuance of Limited
Exclusion Order and Cease and Desist
Orders
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined that there
is a violation of 19 U.S.C. 1337 in the
above-captioned investigation by the
respondents in the investigation. To
remedy the violation it has found, the
Commission has determined to issue a
limited exclusion order and to issue
cease and desist orders to certain
respondents. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Paul
M. Bartkowski, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–5432. 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 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. Hearing-impaired
SUMMARY:
E:\FR\FM\30JYN1.SGM
30JYN1
srobinson on DSKHWCL6B1PROD with NOTICES
44990
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Notices
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted Inv. No. 337–
TA–661 on December 10, 2008, based
on a complaint filed by Rambus, Inc. of
Los Altos, California (‘‘Rambus’’). 73 FR
75131–2. The complaint, as amended
and supplemented, alleged violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain semiconductor
chips having synchronous dynamic
random access memory controllers and
product containing the same by reason
of infringement of certain claims of U.S.
Patent Nos. 6,470,405 (‘‘the ‘405
patent’’); 6,591,353 (‘‘the ‘353 patent’’);
7,287,109 (‘‘the ‘109 patent’’); 7,117,998
(‘‘the ‘998 patent); 7,210,016 (‘‘the ‘016
patent’’); 7,287,119 (‘‘the ‘119 patent’’);
7,330,952 (‘‘the ‘952 patent’’); 7,330,953
(‘‘the ‘953 patent’’); and 7,360,050 (‘‘the
‘050 patent’’). The Commission’s notice
of investigation named the following
respondents: NVIDIA Corporation of
Santa Clara, California; Asustek
Computer, Inc. of Taipei, Taiwan; ASUS
Computer International, Inc. of Fremont,
California; BFG Technologies, Inc. of
Lake Forest, Illinois; Biostar Microtech
(USA) Corp. of City of Industry,
California; Biostar Microtech
International Corp. of Hsin Ten, Taiwan;
Diablotek Inc. of Alhambra, California;
EVGA Corp. of Brea, California; G.B.T.
Inc. of City of Industry, California; Gigabyte Technology Co., Ltd. of Taipei,
Taiwan; Hewlett-Packard Co. of Palo
Alto, California; MSI Computer Corp. of
City of Industry, California; Micro-star
International Co., Ltd. of Taipei,
Taiwan; Palit Multimedia Inc. of San
Jose, California; Palit Microsystems Ltd.
of Taipei, Taiwan; Pine Technology
Holdings, Ltd. of Hong Kong; and
Sparkle Computer Co. of Taipei, Taiwan
(referred to collectively as
‘‘Respondents’’).
On July 13, 2009, the Commission
issued a notice terminating the ‘119,
‘952, ‘953, and ‘050 patents and certain
claims of the ‘109 patent from the
investigation.
On January 22, 2010, the ALJ issued
his Initial Determination on Violation of
Section 337 and Recommended
Determination on Remedy and Bond
(‘‘ID’’). The ALJ found that Respondents
violated section 337 by importing
certain semiconductor chips having
synchronous dynamic random access
memory controllers and products
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16:29 Jul 29, 2010
Jkt 220001
containing same with respect to various
claims of the ‘405, ‘353, and ‘109
patents (‘‘the Barth I patents’’). The ALJ
determined that there was no violation
of section 337 with respect to the
asserted claims of the ‘016 and ‘998
patents (‘‘the Ware patents’’).
On March 25, 2010, the Commission
determined to review (1) the ID’s
anticipation and obviousness findings
with respect to the Ware patents; (2) the
ID’s obviousness-type double patenting
analysis regarding the asserted Barth I
patents; and (3) the ID’s analysis of the
alleged obviousness of the asserted
Barth I patents. The Commission invited
briefing on the issues under review and
on the issues of remedy, the public
interest, and bonding. On May 26, 2010,
the Commission requested further
briefing on the impact of a license
between Rambus and Samsung
Electronics Co. on the ALJ’s findings
and conclusions. On June 22, 2010, the
Commission requested further briefing
regarding patent exhaustion in light of
Fujifilm Corp. v. Benun, which was
issued by the United States Court of
Appeals for the Federal Circuit on May
27, 2010.
Having examined the record of this
investigation and the submissions filed,
the Commission has determined to
affirm the ALJ’s ID, with certain
modifications that are set forth in the
Commission’s opinion. Accordingly, the
Commission has determined that a
violation of section 337 has occurred in
the importation into the United States,
the sale for importation, or the sale
within the United States after
importation of certain synchronous
dynamic random access memory
controllers and products containing the
same by Respondents with respect to
the Barth I patents. To remedy this
violation, the Commission has
determined to issue a limited exclusion
order and cease-and-desist orders
against respondents NVIDIA Corp.;
Hewlett-Packard Co.; ASUS Computer
International, Inc.; Palit Multimedia
Inc.; Palit Microsystems Ltd.; MSI
Computer Corp.; Micro-Star
International; EVGA Corp.; DiabloTek,
Inc.; Biostar Microtech Corp.; and BFG
Technologies, Inc. The Commission has
determined that this relief is not
precluded by consideration of the
factors set forth in 19 U.S.C. 1337(d), (f).
The Commission has determined that
the amount of the bond to permit
importation during the Presidential
review period under 19 U.S.C. 1337(j) is
2.65 percent of the entered value of the
subject imports. The investigation is
terminated.
The authority for the Commission’s
determination is contained in section
PO 00000
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Fmt 4703
Sfmt 4703
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR Part
210).
By order of the Commission.
Issued: July 26, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–18715 Filed 7–29–10; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review;
Comment Request
Submission for OMB Review;
Comment request.
ACTION:
The Department of Labor
(DOL) hereby announces the submission
of the following public information
collection request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. chapter 35).
A copy of this ICR, with applicable
supporting documentation; including,
among other things, a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Linda Watts Thomas on 202–693–4223
(this is not a toll-free number) and email mail to:
DOL_PRA_PUBLIC@dol.gov.
Interested parties are encouraged to
send written comments to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Department of Labor—Employee
Benefits Security Administration, Room
10235, Washington, DC 20503,
Telephone: 202–395–4816/Fax 202–
395–5806 (these are not toll-free
numbers), E-mail:
OIRA_submission@omb.eop.gov within
30 days from the date of this publication
in the Federal Register. In order to
ensure the appropriate consideration,
comments should reference the
applicable OMB Control Number (see
below).
The OMB is particularly interested in
comments which:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
SUMMARY:
E:\FR\FM\30JYN1.SGM
30JYN1
]]>Agencies
[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Notices]
[Pages 44989-44990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18715]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-661]
In the Matter of Certain Semiconductor Chips Having Synchronous
Dynamic Random Access Memory Controllers and Products Containing Same;
Notice of Commission Final Determination of Violation of Section 337;
Termination of Investigation; Issuance of Limited Exclusion Order and
Cease and Desist Orders
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined that there is a violation of 19 U.S.C. 1337
in the above-captioned investigation by the respondents in the
investigation. To remedy the violation it has found, the Commission has
determined to issue a limited exclusion order and to issue cease and
desist orders to certain respondents. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5432. 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
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. Hearing-impaired
[[Page 44990]]
persons are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted Inv. No. 337-TA-
661 on December 10, 2008, based on a complaint filed by Rambus, Inc. of
Los Altos, California (``Rambus''). 73 FR 75131-2. The complaint, as
amended and supplemented, alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain
semiconductor chips having synchronous dynamic random access memory
controllers and product containing the same by reason of infringement
of certain claims of U.S. Patent Nos. 6,470,405 (``the `405 patent'');
6,591,353 (``the `353 patent''); 7,287,109 (``the `109 patent'');
7,117,998 (``the `998 patent); 7,210,016 (``the `016 patent'');
7,287,119 (``the `119 patent''); 7,330,952 (``the `952 patent'');
7,330,953 (``the `953 patent''); and 7,360,050 (``the `050 patent'').
The Commission's notice of investigation named the following
respondents: NVIDIA Corporation of Santa Clara, California; Asustek
Computer, Inc. of Taipei, Taiwan; ASUS Computer International, Inc. of
Fremont, California; BFG Technologies, Inc. of Lake Forest, Illinois;
Biostar Microtech (USA) Corp. of City of Industry, California; Biostar
Microtech International Corp. of Hsin Ten, Taiwan; Diablotek Inc. of
Alhambra, California; EVGA Corp. of Brea, California; G.B.T. Inc. of
City of Industry, California; Giga-byte Technology Co., Ltd. of Taipei,
Taiwan; Hewlett-Packard Co. of Palo Alto, California; MSI Computer
Corp. of City of Industry, California; Micro-star International Co.,
Ltd. of Taipei, Taiwan; Palit Multimedia Inc. of San Jose, California;
Palit Microsystems Ltd. of Taipei, Taiwan; Pine Technology Holdings,
Ltd. of Hong Kong; and Sparkle Computer Co. of Taipei, Taiwan (referred
to collectively as ``Respondents'').
On July 13, 2009, the Commission issued a notice terminating the
`119, `952, `953, and `050 patents and certain claims of the `109
patent from the investigation.
On January 22, 2010, the ALJ issued his Initial Determination on
Violation of Section 337 and Recommended Determination on Remedy and
Bond (``ID''). The ALJ found that Respondents violated section 337 by
importing certain semiconductor chips having synchronous dynamic random
access memory controllers and products containing same with respect to
various claims of the `405, `353, and `109 patents (``the Barth I
patents''). The ALJ determined that there was no violation of section
337 with respect to the asserted claims of the `016 and `998 patents
(``the Ware patents'').
On March 25, 2010, the Commission determined to review (1) the ID's
anticipation and obviousness findings with respect to the Ware patents;
(2) the ID's obviousness-type double patenting analysis regarding the
asserted Barth I patents; and (3) the ID's analysis of the alleged
obviousness of the asserted Barth I patents. The Commission invited
briefing on the issues under review and on the issues of remedy, the
public interest, and bonding. On May 26, 2010, the Commission requested
further briefing on the impact of a license between Rambus and Samsung
Electronics Co. on the ALJ's findings and conclusions. On June 22,
2010, the Commission requested further briefing regarding patent
exhaustion in light of Fujifilm Corp. v. Benun, which was issued by the
United States Court of Appeals for the Federal Circuit on May 27, 2010.
Having examined the record of this investigation and the
submissions filed, the Commission has determined to affirm the ALJ's
ID, with certain modifications that are set forth in the Commission's
opinion. Accordingly, the Commission has determined that a violation of
section 337 has occurred in the importation into the United States, the
sale for importation, or the sale within the United States after
importation of certain synchronous dynamic random access memory
controllers and products containing the same by Respondents with
respect to the Barth I patents. To remedy this violation, the
Commission has determined to issue a limited exclusion order and cease-
and-desist orders against respondents NVIDIA Corp.; Hewlett-Packard
Co.; ASUS Computer International, Inc.; Palit Multimedia Inc.; Palit
Microsystems Ltd.; MSI Computer Corp.; Micro-Star International; EVGA
Corp.; DiabloTek, Inc.; Biostar Microtech Corp.; and BFG Technologies,
Inc. The Commission has determined that this relief is not precluded by
consideration of the factors set forth in 19 U.S.C. 1337(d), (f). The
Commission has determined that the amount of the bond to permit
importation during the Presidential review period under 19 U.S.C.
1337(j) is 2.65 percent of the entered value of the subject imports.
The investigation is terminated.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
Part 210).
By order of the Commission.
Issued: July 26, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-18715 Filed 7-29-10; 8:45 am]
BILLING CODE 7020-02-P
