Certain Flash Memory Devices and Components Thereof; Institution of Investigation, 3359-3360 [2017-00423]

Download as PDF Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices Confidential business information submitted to the Commission in comments may be disclosed to and/or used by (1) the Commission in calculating the estimated revenue loss required under the Act, which may be based in whole or in part on the estimated values of imports submitted in comments (as well as by petitioners in their petitions); or (2) the Commission, its employees, and contract personnel (a) in processing petitions and comments and preparing reports under the American Manufacturing Competitiveness Act of 2016 or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (3) Commerce for use in preparing its report to the Commission and the Committees, and the U.S. Department of Agriculture and CBP for use in providing information for that report; or (4) U.S. government employees and contract personnel, solely for cybersecurity purposes, subject to the requirement that all contract personnel will sign appropriate nondisclosure agreements. By order of the Commission. Issued: January 3, 2017. Katherine M. Hiner, Acting Supervisory Attorney. [FR Doc. 2017–00062 Filed 1–10–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–1034] Certain Flash Memory Devices and Components Thereof; Institution of Investigation 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 (2016). 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 December 6, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Memory Technologies, LLC of Las Vegas, Nevada. An amended complaint was filed on December 12, 2016. The amended 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 flash memory devices and components thereof by reason of infringement of certain claims of U.S. Patent No. RE45,542 (‘‘the ’542 patent’’); sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:05 Jan 10, 2017 Jkt 241001 U.S. Patent No. RE45,486 (‘‘the ’486 patent’’); U.S. Patent No. 7,565,469 (‘‘the ’469 patent’’); U.S. Patent No. 9,063,850 (‘‘the ’850 patent’’); and U.S. Patent No. 8,307,180 (‘‘the ’180 patent’’). The amended 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 limited exclusion order and cease and desist orders. ADDRESSES: The amended 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: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. Scope of Investigation: Having considered the amended complaint, the U.S. International Trade Commission, on January 5, 2017, 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 flash memory devices and components thereof by reason of infringement of one or more of claim 38 of the ’542 patent; claims 6, 9, 10, 22, 23, 26, and 27 of the ’486 patent; claim 19 of the ’469 patent; claim 10 of the ’850 patent; and claims 17–19, 21, PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 3359 22, and 27 of the ’180 patent, and whether an industry in the United States exists 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 or 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: Memory Technologies, LLC, 6787 W. Tropicana Avenue, Suite 238, Las Vegas, NV 89103 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: SanDisk LLC, 951 SanDisk Drive, Milpitas, CA 95035 Western Digital Corporation, 3355 Michelson Drive, Suite 100, Irvine, CA 92612 Western Digital Technologies, Inc., 951 SanDisk Drive, Milpitas, CA 95035 SanDisk Limited, 8F Nisso 15 Bldg. 2– 17–19 Shin-Yokohama, Kohoku-ku, Yokohama, Japan 222–0033 SanDisk Storage Malaysia Sdn. Bhd., Plot 18, Lorong Jelawat 4, Kawasan, Perindustrian, Seberang Jaya, 13700 Perai, Penang, Malaysia SanDisk SemiConductor (Shanghai) Co., Ltd., No. 388, Jiang Chuan East Road, Minhang District, Shanghai 200241, China (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 amended 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 E:\FR\FM\11JAN1.SGM 11JAN1 3360 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices Commission of the amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended 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 amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended 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 amended 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: January 5, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–00423 Filed 1–10–17; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division sradovich on DSK3GMQ082PROD with NOTICES Notice Pursuant to the National Cooperative Research and Production Act of 1993—PXI Systems Alliance, Inc. Notice is hereby given that, on December 15, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), PXI Systems Alliance, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Ranatec Instrument AB, Molndal, SWEDEN; and Signadyne, Castelldefels, Barcelona, SPAIN, have withdrawn as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PXI Systems Alliance, Inc. intends to file additional written notifications disclosing all changes in membership. VerDate Sep<11>2014 19:05 Jan 10, 2017 Jkt 241001 On November 22, 2000, PXI Systems Alliance, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on March 8, 2001 (66 FR 13971). The last notification was filed with the Department on September 30, 2016. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on November 3, 2016 (81 FR 76628). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2017–00363 Filed 1–10–17; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Petroleum Environmental Research Forum Project No. 2014–10, Direct Monitoring of Flare Combustion Efficiency Notice is hereby given that, on December 7, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Petroleum Environmental Research Forum Project No. 2014–10, Direct Monitoring of Flare Combustion Efficiency (‘‘PERF Project No. 2014–10’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, BP Exploration Operating Company Limited, Sunbury-on-Thames, UNITED KINGDOM, has been added as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PERF Project No. 2014–10 intends to file additional written notifications disclosing all changes in membership. On February 18, 2016, PERF Project No. 2014–10 filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on March 17, 2016 (81 FR 14486). The last notification was filed with the Department on September 1, 2016. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 A notice was published in the Federal Register pursuant to Section 6(b) of the Act on October 13, 2016 (81 FR 70704). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2017–00351 Filed 1–10–17; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research And Production Act of 1993—Cooperative Research Group on Ros-Industrial Consortium— Americas Notice is hereby given that, on November 30, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Southwest Research Institute— Cooperative Research Group on ROSIndustrial Consortium—Americas (‘‘RIC—Americas’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, GKN Aerospace North America, Inc., Hazelwood, MO; and Intelligrated, St. Louis, MO, have been added as parties to this venture. Also, HDT Robotics, Inc., Fredericksburg, VA; University of Texas at Arlington, Arlington, TX; and Flextronics, San Jose, CA, have withdrawn as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and RIC-Americas intends to file additional written notifications disclosing all changes in membership or planned activities. On April 30, 2014, RIC-Americas filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on June 9, 2014 (79 FR 32999). The last notification was filed with the Department on August 29, 2016. A notice was published in the Federal E:\FR\FM\11JAN1.SGM 11JAN1

Agencies

[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3359-3360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00423]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1034]


Certain Flash Memory Devices and Components Thereof; Institution 
of Investigation

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 December 6, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Memory Technologies, LLC of Las Vegas, Nevada. An amended complaint was 
filed on December 12, 2016. The amended 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 flash memory devices and components thereof by 
reason of infringement of certain claims of U.S. Patent No. RE45,542 
(``the '542 patent''); U.S. Patent No. RE45,486 (``the '486 patent''); 
U.S. Patent No. 7,565,469 (``the '469 patent''); U.S. Patent No. 
9,063,850 (``the '850 patent''); and U.S. Patent No. 8,307,180 (``the 
'180 patent''). The amended 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 limited exclusion 
order and cease and desist orders.

ADDRESSES: The amended 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: 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 (2016).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on January 5, 2017, 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 flash memory 
devices and components thereof by reason of infringement of one or more 
of claim 38 of the '542 patent; claims 6, 9, 10, 22, 23, 26, and 27 of 
the '486 patent; claim 19 of the '469 patent; claim 10 of the '850 
patent; and claims 17-19, 21, 22, and 27 of the '180 patent, and 
whether an industry in the United States exists 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 or 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:

Memory Technologies, LLC, 6787 W. Tropicana Avenue, Suite 238, Las 
Vegas, NV 89103

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

SanDisk LLC, 951 SanDisk Drive, Milpitas, CA 95035
Western Digital Corporation, 3355 Michelson Drive, Suite 100, Irvine, 
CA 92612
Western Digital Technologies, Inc., 951 SanDisk Drive, Milpitas, CA 
95035
SanDisk Limited, 8F Nisso 15 Bldg. 2-17-19 Shin-Yokohama, Kohoku-ku, 
Yokohama, Japan 222-0033
SanDisk Storage Malaysia Sdn. Bhd., Plot 18, Lorong Jelawat 4, Kawasan, 
Perindustrian, Seberang Jaya, 13700 Perai, Penang, Malaysia
SanDisk SemiConductor (Shanghai) Co., Ltd., No. 388, Jiang Chuan East 
Road, Minhang District, Shanghai 200241, China

    (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 amended 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

[[Page 3360]]

Commission of the amended complaint and the notice of investigation. 
Extensions of time for submitting responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: January 5, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-00423 Filed 1-10-17; 8:45 am]
 BILLING CODE 7020-02-P