[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Notices]
[Pages 11222-11223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6515]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-385]
Certain Random Access Memories, Processes for the Manufacture of
Same, and Products Containing Same; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 12, 1996, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Samsung Electronics Co., Ltd., Samsung Main Building, 250, 2-KA,
Taepyung-ro, Chung-ku, Seoul, Korea. Supplements to the complaint were
filed on February 29, March 5, and March 8, 1996. The complaint, as
supplemented, alleges violations of section 337 based on the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain random
access memories and products containing same by reason of infringement
of claims 1-3 of U.S. Letters Patent 4,947,059, claims 1-7 of U.S.
Letters Patent 5,444,026, and claims 1 and 5 of U.S. Letters Patent B1
5,072,134. 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 a hearing, issue a permanent exclusion order
and a permanent cease and desist order.
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
[[Page 11223]]
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: Thomas S. Fusco, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2571.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in Sec. 210.10 of the Commission's Rules of Practice and
Procedure, 19 C.F.R. Sec. 210.10.
Scope of Investigation:
Having considered the complaint, the U.S. International Trade
Commission, on March 12, 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 random
access memories or products containing same by reason of infringement
of claims 1-3 of U.S. Letters Patent 4,947,059, claims 1-7 of U.S.
Letters Patent 5,444,026, or claims 1 or 5 of U.S. Letters Patent B1
5,072,134, 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) 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--Samsung Electronics Co., Ltd., Samsung Main
Building, 250, 2-KA, Taepyung-ro, Chung-ku, Seoul, Korea.
(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:
Texas Instruments Incorporated, 13500 North Central Expressway, Dallas,
Texas 75265.
Texas Instruments Singapore (PTE) Ltd., 990 Bendemeer Road, Singapore,
1233, Singapore.
Texas Instruments Japan Ltd., Aoyama Fuji Bldg., 6-12, Kita Aoyama 3-
chome, Minato-ku, Tokyo, Japan.
(c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401-O,
Washington, D.C. 20436, 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 Sec. 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR Sec. 210.13.
Pursuant to Secs. 201.16(d) and 210.13(a) of the Commission's Rules, 19
CFR 201.16(d) 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 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 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.
By order of the Commission.
Issued: March 13, 1996.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-6515 Filed 3-18-96; 8:45 am]
BILLING CODE 7020-02-P
