[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Notices]
[Pages 7122-7123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4223]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-382]
Certain Flash Memory Circuits and Products Containing Same;
Notice of Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337 and
provisional acceptance of motion for temporary relief.
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SUMMARY: Notice is hereby given that a complaint and a motion for
temporary relief were filed with the U.S. International Trade
Commission on January 11, 1996, under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, on behalf of SanDisk Corporation,
3270 Jay Street, Santa Clara, CA 95054. The complaint 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 flash memory circuits and products containing
same by reason of alleged infringement of claims 1, 2, 3 or 4 of U.S.
Letters Patent 5,418,752 and claims 27, 32, or 44 of U.S. Letters
Patent 5,172,338. 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 full investigation, issue a permanent
exclusion order and permanent cease and desist orders.
The motion for temporary relief requests that the Commission issue
a temporary exclusion order and temporary cease and desist orders
prohibiting the importation into and the sale within the United States
after importation of certain flash memory circuits and products
containing same
[[Page 7123]]
that infringe claim 1 of U.S. Letters Patent 5,418,752 during the
course of the Commission's investigation.
ADDRESSES: The complaint and motion for temporary relief, except for
any confidential information contained therein, are 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 202-205-1802.
Hearing-impaired individuals are advised that information on this
matter can be obtained by contacting the Commission's TDD terminal on
202-205-1810.
FOR FURTHER INFORMATION CONTACT: John M. Whealan, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2574.
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 Final Rules of Practice
and Procedure, 19 CFR 210.10. The authority for provisional
acceptance of the motion for temporary relief is contained in
section 210.58, 19 CFR 210.58.
Scope of Investigation
Having considered the complaint and the motion for temporary
relief, the U.S. International Trade Commission, on February 20, 1996,
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
circuits and products containing same by reason of infringement of
claims 1, 2, 3 or 4 of U.S. Letters Patent 5,418,752 or claims 27, 32,
or 44 of U.S. Letters Patent 5,172,338, and whether there exists an
industry in the United States as required by subsection (a)(2) of
section 337.
(2) Pursuant to section 210.58 of the Commission's Final Rules of
Practice and Procedure, 19 CFR 210.58, the motion for temporary relief
under subsection (e) of section 337 of the Tariff Act of 1930, which
was filed with the complaint, be provisionally accepted and referred to
the presiding administrative law judge for investigation.
(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--SanDisk Corporation, 3270 Jay Street, Santa
Clara, California 95054.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
and motion for temporary relief are to be served:
Samsung Electronics Company, Ltd., Samsung Main Building, 10th Floor,
250, 2-ka Taepyung-Ro Chung-Ku, Seoul, Korea
Samsung Semiconductor, Inc., 3655 North First Street, San Jose,
California 95134-1707
(c) John M. Whealan, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401P,
Washington, D.C. 20436, shall be the Commission investigative attorney,
party to this investigation; and
(4) For the investigation and temporary relief proceedings
instituted, the Honorable Sidney Harris is designated as the presiding
Administrative Law Judge.
Responses to the complaint, the motion for temporary relief, and
the notice of investigation must be submitted by the named respondents
in accordance with sections 210.13 and 210.59 of the Commission's Final
Rules of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to
19 CFR 201.16(d), 210.13(a) and 210.59 of the Commission's Final Rules
of Practice and Procedure, such responses will be considered by the
Commission if received not later than 10 days after the date of service
by the Commission of the complaint, the motion for temporary relief,
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, in the motion for temporary relief, and in
this notice may be deemed to constitute a waiver of the right to appear
and contest the allegations of the complaint, the motion for temporary
relief, 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, motion for temporary
relief, 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: February 20, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-4223 Filed 2-23-96; 8:45 am]
BILLING CODE 7020-02-P
