Certain Semiconductor Chips and Products Containing Same; Notice of Investigation, 384-385 [2010-33207]
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Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices
produced in the United States or are
otherwise available in the United States,
with respect to the articles potentially
subject to the orders; and
(iv) Indicate whether Complainant,
Complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to an exclusion order
and a cease and desist order within a
commercially reasonable time.
Written submissions must be filed no
later than by close of business, five
business days after the date of
publication of this notice in the Federal
Register. There will be further
opportunities for comment on the
public interest after the issuance of any
final initial determination in this
investigation.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Submissions should
refer to the docket number (‘‘Docket No.
2777’’) in a prominent place on the
cover page and/or the first page. The
Commission’s rules authorize filing
submissions with the Secretary by
facsimile or electronic means only to the
extent permitted by section 201.8 of the
rules (see Handbook for Electronic
Filing Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
documents/
handbook_on_electronic_filing.pdf).
Persons with questions regarding
electronic filing should contact the
Secretary (202–205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.50(a)(4)
of the Commission’s Rules of Practice
and Procedure (19 CFR 201.10,
210.50(a)(4)).
By order of the Commission.
Issued: December 28, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–33131 Filed 1–3–11; 8:45 am]
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FOR FURTHER INFORMATION CONTACT:
INTERNATIONAL TRADE
COMMISSION
Daniel L. Girdwood, Esq., Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–3409.
[Inv. No. 337–TA–753]
Certain Semiconductor Chips and
Products Containing Same; Notice of
Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
December 1, 2010, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Rambus Inc. of
Sunnyvale, California. 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 semiconductor
chips and products containing same by
reason of infringement of certain claims
of U.S. Patent No. 6,470,405 (‘‘the ‘405
patent’’); U.S. Patent No. 6,591,353 (‘‘the
‘353 patent’’); U.S. Patent No. 7,287,109
(‘‘the ‘109 patent’’); U.S. Patent No.
7,602,857 (‘‘the ‘857 patent’’); U.S.
Patent No. 7,602,858 (‘‘the ‘858 patent’’);
U.S. Patent No. 7,715,494 (‘‘the ‘494
patent’’). 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 an
exclusion order and cease and desist
orders.
SUMMARY:
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.
ADDRESSES:
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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
December 28, 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 semiconductor
chips and products containing same that
infringe one or more of claims 11–13,
15, and 18 of the ‘405 patent; claims 11–
13 of the ‘353 patent; claims 1, 2, 4, 5,
12, 13, 20, 21, and 24 of the ‘109 patent;
claims 1, 2, 4–6, 9–13, 24–28, 31–36,
39–44, 47, and 49–53 of the ‘857 patent;
claims 1, 2, 4, 7, and 20 of the ‘858
patent; and claims 1–3, 6, 8, 25, 26, 30,
39, 40, and 42 of the ‘494 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 complainant is:
Rambus Inc., 1050 Enterprise Way,
Suite 700, Sunnyvale, CA 94089.
(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:
Freescale Semiconductor, Inc., 6501
William Cannon Drive West, Austin,
TX 78735.
Broadcom Corporation, 5300 California
Avenue, Irvine, CA 92617.
LSI Corporation, 1621 Barber Lane,
Milpitas, CA 95035.
MediaTek Inc., No. 1, Dusing Road 1,
Hsinchu Science Park, Hsin-Chu,
Taiwan 30078.
nVidia Corporation, 2701 San Tomas
Expressway, Santa Clara, CA 95050.
STMicroelectronics N.V., 39, Chemin du
Champ des Filles, C. P. 21CH 1228
Plan-Les-Ouates, Geneva,
Switzerland.
STMicroelectronics Inc., 1310
Electronics Dr., Carrollton, TX 75006.
Asustek Computer Inc., 15, Li The Road,
Taipei City 11259, Taiwan.
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Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices
Asus Computer International Inc., 800
Corporate Way, Fremont, CA 94539.
Audio Partnership Plc., Gallery Court,
Hankey Place, London SE1 4BB,
United Kingdom.
Biostar Microtech (U.S.A.) Corp., 18551
East Gale Avenue, City of Industry,
CA 91748.
Biostar Microtech International Corp.,
2 Fl., 108–2, Ming Chuan Road, Hsin
Tien, Taiwan.
Cisco Systems, Inc., 170 West Tasman
Drive, San Jose, CA 95134–1706.
Elitegroup Computer Systems, No. 239,
Sec. 2, Ti Ding Blvd., Taipei, Taiwan
11493.
EVGA Corporation, 2900 Saturn Street,
Suite B, Brea, CA 92821.
Galaxy Microsystems Ltd., Room 1101–
1103, 11/F, Enterprise Square Two, 3
Sheung Yuet Road, Kowloon Bay,
KLN., Hong Kong.
Garmin International, 1200 E. 151st
Street, Olathe, KS 66062–3426.
G.B.T. Inc., 17358 Railroad St., City of
Industry, CA 91748.
Giga-Byte Technology Co., Ltd., No. 6,
Bau Chiang Road, Hsin-Tien, Taipei
231, Taiwan.
Gracom Technologies LLC, 1214 John
Reed Ct., City of Industry, CA 91745.
Hewlett-Packard Company, 3000
Hanover St., Palo Alto, CA 94304.
Hitachi Global Storage Technologies,
3403 Yerba Buena Road, San Jose, CA
95135.
Jaton Corporation, 47677 Lakeview
Blvd., Fremont, CA 94538.
Jaton Technology TPE, 10F, No. 194,
Sec. 3, Ta-Tung Road, Hsi-Chih,
Taiwan.
Micro-Star International Co., Ltd., No.
69, Li-De St., Jung-He City, Taipei
Hsien, Taiwan.
MSI Computer Corporation, 901 Canada
Court, City of Industry, California
91748.
Motorola, Inc., 1303 East Algonquin
Road, Schaumburg, IL 60196.
Oppo Digital, Inc., 2629 Terminal Blvd.,
Suite B, Mountain View, CA 94043.
Palit Microsystems Ltd., 21F, 88, Sec. 2,
Chung Hsiao E. Rd., Taipei, Taiwan.
Pine Technology Holdings, Ltd., Unit A,
32/F Manulife Tower, 169 Electric
Road, North Point, Hong Kong.
Seagate Technology, 920 Disc Drive,
Scotts Valley, CA 95066.
Sparkle Computer Co., Ltd., 5F.–7, No.
79, Sec. 1, Xintai 5th Rd., Xizhi City,
Taipei County 221, Taiwan.
Zotac International (MCO) Ltd., 19/F.,
Shatin Galleria, 18–24 Shan Mei
Street, Fo Tan, Shatin, N.T. Hong
Kong.
Zotac USA Inc., 17921 Rowland Street,
City of Industry, CA 91748.
(c) The Commission investigative
attorney, party to this investigation, is
VerDate Mar<15>2010
14:35 Jan 03, 2011
Jkt 223001
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)–(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
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, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–33207 Filed 1–3–11; 8:45 am]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Comprehensive
Environmental Response,
Compensation and Liability Act
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a proposed Consent Decree in
United States of America v. The Boeing
Company et al., Civil Action No. 10–
457–LRS (E.D. Wa.), was lodged with
the United States District Court for the
Western District of Washington on
December 23, 2010. The proposed
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385
Consent Decree settles claims for, inter
alia, response costs to address
hazardous substances released at the
Moses Lake Wellfield Superfund Site
(Site).
The complaint asserts claims against
the defendants—The Boeing Company,
Lockheed Martin Corporation, and the
City of Moses Lake—for response costs
incurred at the Site by the United States
Environmental Protection Agency (EPA)
and the United States Army Corps of
Engineers (Corps) pursuant to the
section 107(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA), 42 U.S.C. 9607(a). The
complaint also seeks a declaratory
judgment of liability against the
defendants for future response costs
incurred by EPA and the Corps at the
Site. The State of Washington also filed
a complaint on December 23, 2010,
asserting claims for response costs
against the defendants as well as against
the United States.
Under the proposed Consent Decree,
the defendants will make payments to
the United States totaling $3.25 million
to resolve their CERCLA liability at the
Site. The United States, on behalf of a
group of settling Federal agencies
including the United States Air Force,
will make payments to EPA for the
future response costs that are not
covered by the defendants’ payments.
The United States will also pay, on
behalf of the settling Federal agencies,
future response costs incurred by the
State of Washington. Based on cleanup
cost estimates, the United States’
payments on behalf of the settling
Federal agencies, which will be largely
to EPA, are expected to be
approximately $55 million. The
payments by the United States resolve
claims against it by the State of
Washington as well as claims by the
defendants. In addition, the United
States, on behalf of the settling Federal
agencies, will pay the City of Moses
Lake approximately $2.96 million to
resolve claims for response costs and
attorney fees asserted by the City of
Moses Lake in its related pending
lawsuit, No. 04–0376.
The Department of Justice will receive
written comments relating to the
proposed Consent Decree for a period of
thirty (30) days from the date of
publication of this notice. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and either
e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611, and
should refer to United States of America
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Agencies
[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Pages 384-385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33207]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-753]
Certain Semiconductor Chips and Products Containing Same; 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 1, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Rambus Inc. of Sunnyvale, California. 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 semiconductor chips and products containing same
by reason of infringement of certain claims of U.S. Patent No.
6,470,405 (``the `405 patent''); U.S. Patent No. 6,591,353 (``the `353
patent''); U.S. Patent No. 7,287,109 (``the `109 patent''); U.S. Patent
No. 7,602,857 (``the `857 patent''); U.S. Patent No. 7,602,858 (``the
`858 patent''); U.S. Patent No. 7,715,494 (``the `494 patent''). 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 an 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: Daniel L. Girdwood, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-3409.
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 December 28, 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
semiconductor chips and products containing same that infringe one or
more of claims 11-13, 15, and 18 of the `405 patent; claims 11-13 of
the ~~`353 patent; claims 1, 2, 4, 5, 12, 13, 20, 21, and 24 of the
`109 patent; claims 1, 2, 4-6, 9-13, 24-28, 31-36, 39-44, 47, and 49-53
of the `857 patent; claims 1, 2, 4, 7, and 20 of the `858 patent; and
claims 1-3, 6, 8, 25, 26, 30, 39, 40, and 42 of the `494 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 complainant is:
Rambus Inc., 1050 Enterprise Way, Suite 700, Sunnyvale, CA 94089.
(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:
Freescale Semiconductor, Inc., 6501 William Cannon Drive West, Austin,
TX 78735.
Broadcom Corporation, 5300 California Avenue, Irvine, CA 92617.
LSI Corporation, 1621 Barber Lane, Milpitas, CA 95035.
MediaTek Inc., No. 1, Dusing Road 1, Hsinchu Science Park, Hsin-Chu,
Taiwan 30078.
nVidia Corporation, 2701 San Tomas Expressway, Santa Clara, CA 95050.
STMicroelectronics N.V., 39, Chemin du Champ des Filles, C. P. 21CH
1228 Plan-Les-Ouates, Geneva, Switzerland.
STMicroelectronics Inc., 1310 Electronics Dr., Carrollton, TX 75006.
Asustek Computer Inc., 15, Li The Road, Taipei City 11259, Taiwan.
[[Page 385]]
Asus Computer International Inc., 800 Corporate Way, Fremont, CA 94539.
Audio Partnership Plc., Gallery Court, Hankey Place, London SE1 4BB,
United Kingdom.
Biostar Microtech (U.S.A.) Corp., 18551 East Gale Avenue, City of
Industry, CA 91748.
Biostar Microtech International Corp., 2 Fl., 108-2, Ming Chuan Road,
Hsin Tien, Taiwan.
Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134-1706.
Elitegroup Computer Systems, No. 239, Sec. 2, Ti Ding Blvd., Taipei,
Taiwan 11493.
EVGA Corporation, 2900 Saturn Street, Suite B, Brea, CA 92821.
Galaxy Microsystems Ltd., Room 1101-1103, 11/F, Enterprise Square Two,
3 Sheung Yuet Road, Kowloon Bay, KLN., Hong Kong.
Garmin International, 1200 E. 151st Street, Olathe, KS 66062-3426.
G.B.T. Inc., 17358 Railroad St., City of Industry, CA 91748.
Giga-Byte Technology Co., Ltd., No. 6, Bau Chiang Road, Hsin-Tien,
Taipei 231, Taiwan.
Gracom Technologies LLC, 1214 John Reed Ct., City of Industry, CA
91745.
Hewlett-Packard Company, 3000 Hanover St., Palo Alto, CA 94304.
Hitachi Global Storage Technologies, 3403 Yerba Buena Road, San Jose,
CA 95135.
Jaton Corporation, 47677 Lakeview Blvd., Fremont, CA 94538.
Jaton Technology TPE, 10F, No. 194, Sec. 3, Ta-Tung Road, Hsi-Chih,
Taiwan.
Micro-Star International Co., Ltd., No. 69, Li-De St., Jung-He City,
Taipei Hsien, Taiwan.
MSI Computer Corporation, 901 Canada Court, City of Industry,
California 91748.
Motorola, Inc., 1303 East Algonquin Road, Schaumburg, IL 60196.
Oppo Digital, Inc., 2629 Terminal Blvd., Suite B, Mountain View, CA
94043.
Palit Microsystems Ltd., 21F, 88, Sec. 2, Chung Hsiao E. Rd., Taipei,
Taiwan.
Pine Technology Holdings, Ltd., Unit A, 32/F Manulife Tower, 169
Electric Road, North Point, Hong Kong.
Seagate Technology, 920 Disc Drive, Scotts Valley, CA 95066.
Sparkle Computer Co., Ltd., 5F.-7, No. 79, Sec. 1, Xintai 5th Rd.,
Xizhi City, Taipei County 221, Taiwan.
Zotac International (MCO) Ltd., 19/F., Shatin Galleria, 18-24 Shan Mei
Street, Fo Tan, Shatin, N.T. Hong Kong.
Zotac USA Inc., 17921 Rowland Street, City of Industry, CA 91748.
(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)-(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 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, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-33207 Filed 1-3-11; 8:45 am]
BILLING CODE 7020-02-P