[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Notices]
[Pages 909-910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-251]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-417]
Certain Code Hopping Remote Control Systems, Including Components
and Integrated Circuits Used Therein; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 1, 1998, under section
337 of
[[Page 910]]
the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of
Microchip Technology Inc., 2355 W. Chandler Blvd., Chandler, Arizona
85224-6199. A supplement to the Complaint was filed on December 21,
1998. The complaint, as supplemented, alleges violations of section 337
in the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain code
hopping remote control systems, including components and integrated
circuits used therein, by reason of infringement of claims 1, 2, 4, 5,
11, 13, 23, 24, 25, 28, 30, 33, 38, 39 and/or 40 of U.S. Letters Patent
5,517,187. The complaint further alleges that there exists an industry
in the United States as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent exclusion order
and permanent 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, S.W., Room 112,
Washington, D.C. 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 be
obtained by accessing its internet server (http://www.usitc.gov).
FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2572.
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 C.F.R. Sec. 210.10 (1998).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 30, 1998, 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 code hopping
remote control systems, including components and integrated circuits
used therein, by reason of infringement of claims 1, 2, 4, 5, 11, 13,
23, 24, 25, 28, 30, 33, 38, 39 or 40 of U.S. Letters Patent 5,517,187.
The complaint further alleges that there exists an industry in the
United States 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--Microchip Technology Incorporated, 2355 W.
Chandler Blvd., Chandler, Arizona 85224-6199.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Chamberlain Group Inc., 845 Larch Avenue, Elmhurst, Illinois 60126
Sears Roebuck & Company, 3333 Beverly Road, Hoffmann Estates, Illinois
60179
(c) Juan Cockburn, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401-Q,
Washington, D.C. 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Sidney
Harris is designated as 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 C.F.R.
Sec. 210.13. Pursuant to 19 C.F.R. Secs. 201.16(d) and 210.13(a) of the
Commission's Rules, 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 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
respondents, to find the facts to be as alleged in the complaint and
this notice and to enter both an initial determination and a final
determination containing such findings, and may result in the issuance
of a limited exclusion order or a cease and desist order or both
directed against such respondent.
Issued: December 31, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-251 Filed 1-5-99; 8:45 am]
BILLING CODE 7020-01-P
