Certain Non-Volatile Memory Chips and Products Containing the Same Institution of Investigation Pursuant to 19 U.S.C. 1337, 32312-32313 [2014-12903]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 32312 Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: Effective Date: May 29, 2014. FOR FURTHER INFORMATION CONTACT: Fred Ruggles (202–205–3187, fred.ruggles@ usitc.gov), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter 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 (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. SUPPLEMENTARY INFORMATION: Background.—These investigations are being instituted in response to a petition filed on May 29, 2014, by Mid Continent Nail Corporation (Poplar Bluff, MO). Participation in the investigation and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be VerDate Mar<15>2010 17:17 Jun 03, 2014 Jkt 232001 maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—The Commission’s Director of Investigations has scheduled a conference in connection with these investigations for 9:30 a.m. on June 19, 2014, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Requests to appear at the conference should be emailed to William.Bishop@usitc.gov and Sharon.Bellamy@usitc.gov (DO NOT FILE ON EDIS) on or before June 17, 2014. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before June 24, 2014, a written brief containing information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference no later than three days before the conference. If briefs or written testimony contain BPI, they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. Please consult the Commission’s rules, as amended, 76 FR 61937 (Oct. 6, 2011) and the Commission’s Handbook on Filing Procedures, 76 FR 62092 (Oct. 6, 2011), available on the Commission’s Web site at https://edis.usitc.gov. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. By order of the Commission. Issued: May 29, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–12854 Filed 6–3–14; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–916] Certain Non-Volatile Memory Chips and Products Containing the Same Institution of Investigation Pursuant to 19 U.S.C. 1337 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 29, 2014, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Spansion LLC of Sunnyvale, California. A supplement to the complaint was filed on May 9, 2014. 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 non-volatile memory chips and products containing the same by reason of infringement of certain claims of U.S. Patent No. 6,246,611 (‘‘the ’611 patent’’); U.S. Patent No. 6,744,666 (‘‘the ’666 patent’’); U.S. Patent No. 6,399,446 (‘‘the ’446 patent’’); and U.S. Patent 6,436,766 (‘‘the ’766 patent’’). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general 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. SUMMARY: E:\FR\FM\04JNN1.SGM 04JNN1 Federal Register / Vol. 79, No. 107 / Wednesday, June 4, 2014 / Notices The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. FOR FURTHER INFORMATION CONTACT: tkelley on DSK3SPTVN1PROD 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 (2014). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 29, 2014, 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 non-volatile memory chips and products containing the same by reason of infringement of one or more of claims 1–7 and 9–13 of the ’611 patent; claims 1, 3–5, 8, and 10–13 of the ’666 patent; claims 1, 5–12, 15–17, 20, and 21 of the ’446 patent; and claims 1, 4–11, 13–15, 17, 18, and 22 of the ’766 patent, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) 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: Spansion LLC, 915 DeGuigne Drive, Sunnyvale, CA 94085. (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: Macronix International Co., Ltd., No. 16, Li-Hsin Road, Science Park, Hsin-chu, Taiwan Macronix America, Inc., 680 North McCarthy Boulevard, Suite 200, Milpitas, CA 95035 Macronix Asia Limited, NKF Bldg. 5F, 1–2 Higashida-cho, Kawasaki-ku, VerDate Mar<15>2010 16:05 Jun 03, 2014 Jkt 232001 Kawasaki-shi, Kanagawa Pref. 210– 0005, Japan Macronix (Hong Kong) Co., Ltd., 702– 703, 7/F, Building 9, Hong Kong Science, Park, 5 Science Park West Avenue, Sha Tin, N.T., Hong Kong Acer Inc., 8F, 88, Sec. 1, Xintai 5th Road, Xizhi, New Taipei City 221, Taiwan Acer America Corporation, 333 West San Carlos Street, Suite 1500, San Jose, CA 95110 ADT Corporation, 1501 Yamato Road, Boca Raton, FL 33431 Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98109 ASRock Inc., 2F No. 37, Sec. 2, Jhongyang S. Road, Beitou District, Taipei City 112, Taiwan ASRock America, Inc., 13848 Magnolia Avenue, Chino, CA 91710 ASUSTek Computer Inc., No. 15, Li-Te Road, Beitou District, Taipei 112, Taiwan ASUS Computer International, 800 Corporate Way, Fremont, CA 94539 Belkin International, Inc., 12045 E. Waterfront Drive, Playa Vista, CA 90094 D-Link Corporation, No. 289, Sinhu 3rd Road, Neihu District, Taipei City, 114, Taiwan D-Link Systems, Inc., 17595 Mt. Herrmann Street, Fountain Valley, CA 92708 Leap Motion, Inc., 333 Bryant Street, Suite LL150, San Francisco, CA 94107 Lowe’s Companies, Inc., 1000 Lowes Boulevard, Mooresville, NC 28117 Lowe’s Home Centers, Inc., 1605 Curtis Bridge Road, Wilkesboro, NC 28117 Microsoft Corp., One Microsoft Way, Redmond, WA 98052 Nintendo Co., Ltd., 11–1 Kamitobohokotate-cho, Minami-ku, Kyoto, Japan Nintendo of America, Inc., 4600 150th Avenue NE., Redmond, WA 98052 Sercomm Corporation, 8F, No. 3–1, Yuan Qu St., Nan Kang, Taipei 115, Taiwan Vonage Holdings Corp., 23 Main Street, Holmdel, NJ 07733 Vonage America Inc., 23 Main Street, Holmdel, NJ 07733 Vonage Marketing LLC, 23 Main Street, Holmdel, NJ 07733 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the 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 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 32313 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(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 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. Dated: May 29, 2014. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2014–12903 Filed 6–3–14; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1121–0340] Agency Information Collection Activities; Proposed eCollection eComments Requested; Equal Employment Opportunity Plan Certification and Utilization Report The Office for Civil Rights, Office of Justice Programs, Department of Justice ACTION: 30-Day notice. AGENCY: The Department of Justice (DOJ), Drug Enforcement Administration (DEA) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 79, Number 62, page SUMMARY: E:\FR\FM\04JNN1.SGM 04JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 79, Number 107 (Wednesday, June 4, 2014)]
[Notices]
[Pages 32312-32313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12903]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-916]


Certain Non-Volatile Memory Chips and Products Containing the 
Same Institution of Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 29, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Spansion LLC of Sunnyvale, California. A supplement to the complaint 
was filed on May 9, 2014. 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 non-volatile memory chips and products containing the same by 
reason of infringement of certain claims of U.S. Patent No. 6,246,611 
(``the '611 patent''); U.S. Patent No. 6,744,666 (``the '666 patent''); 
U.S. Patent No. 6,399,446 (``the '446 patent''); and U.S. Patent 
6,436,766 (``the '766 patent''). The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general 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.

[[Page 32313]]


FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 29, 2014, 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 non-volatile 
memory chips and products containing the same by reason of infringement 
of one or more of claims 1-7 and 9-13 of the '611 patent; claims 1, 3-
5, 8, and 10-13 of the '666 patent; claims 1, 5-12, 15-17, 20, and 21 
of the '446 patent; and claims 1, 4-11, 13-15, 17, 18, and 22 of the 
'766 patent, and whether an industry in the United States exists or is 
in the process of being established as required by subsection (a)(2) of 
section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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: Spansion LLC, 915 DeGuigne Drive, 
Sunnyvale, CA 94085.
    (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:

Macronix International Co., Ltd., No. 16, Li-Hsin Road, Science Park, 
Hsin-chu, Taiwan
Macronix America, Inc., 680 North McCarthy Boulevard, Suite 200, 
Milpitas, CA 95035
Macronix Asia Limited, NKF Bldg. 5F, 1-2 Higashida-cho, Kawasaki-ku, 
Kawasaki-shi, Kanagawa Pref. 210-0005, Japan
Macronix (Hong Kong) Co., Ltd., 702-703, 7/F, Building 9, Hong Kong 
Science, Park, 5 Science Park West Avenue, Sha Tin, N.T., Hong Kong
Acer Inc., 8F, 88, Sec. 1, Xintai 5th Road, Xizhi, New Taipei City 221, 
Taiwan
Acer America Corporation, 333 West San Carlos Street, Suite 1500, San 
Jose, CA 95110
ADT Corporation, 1501 Yamato Road, Boca Raton, FL 33431
Amazon.com, Inc., 410 Terry Avenue North, Seattle, WA 98109
ASRock Inc., 2F No. 37, Sec. 2, Jhongyang S. Road, Beitou District, 
Taipei City 112, Taiwan
ASRock America, Inc., 13848 Magnolia Avenue, Chino, CA 91710
ASUSTek Computer Inc., No. 15, Li-Te Road, Beitou District, Taipei 112, 
Taiwan
ASUS Computer International, 800 Corporate Way, Fremont, CA 94539
Belkin International, Inc., 12045 E. Waterfront Drive, Playa Vista, CA 
90094
D-Link Corporation, No. 289, Sinhu 3rd Road, Neihu District, Taipei 
City, 114, Taiwan
D-Link Systems, Inc., 17595 Mt. Herrmann Street, Fountain Valley, CA 
92708
Leap Motion, Inc., 333 Bryant Street, Suite LL150, San Francisco, CA 
94107
Lowe's Companies, Inc., 1000 Lowes Boulevard, Mooresville, NC 28117
Lowe's Home Centers, Inc., 1605 Curtis Bridge Road, Wilkesboro, NC 
28117
Microsoft Corp., One Microsoft Way, Redmond, WA 98052
Nintendo Co., Ltd., 11-1 Kamitobo-hokotate-cho, Minami-ku, Kyoto, Japan
Nintendo of America, Inc., 4600 150th Avenue NE., Redmond, WA 98052
Sercomm Corporation, 8F, No. 3-1, Yuan Qu St., Nan Kang, Taipei 115, 
Taiwan
Vonage Holdings Corp., 23 Main Street, Holmdel, NJ 07733
Vonage America Inc., 23 Main Street, Holmdel, NJ 07733
Vonage Marketing LLC, 23 Main Street, Holmdel, NJ 07733

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the 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(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 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.

    Dated: May 29, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-12903 Filed 6-3-14; 8:45 am]
BILLING CODE 7020-02-P

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