[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Notices]
[Pages 9485-9486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5488]
=======================================================================
-----------------------------------------------------------------------
[[Page 9486]]
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-383]
In the Matter of: Certain Hardware Logic Emulation Systems and
Components Thereof; 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.
-----------------------------------------------------------------------
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 26, 1996, under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, on behalf of Quickturn Design
Systems, Inc., 440 Clyde Avenue, Mountain View, California 94043.
Supplements to the complaint and motion were filed on February 16,
1996, and February 23, 1996. 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 hardware logic emulation systems and components
thereof by reason of alleged direct, induced, and contributory
infringement of claims 2-5, 15, 17-21, and 27 of U.S. Letters Patent
5,109,353, claims 1, 3-5, 7, 10-18, 22, 24, 26, and 28 of U.S. Letters
Patent 5,329,470, claim 8 of U.S. Letters Patent 5,036,473, claims 1-3,
6-8, 15, 20, and 21 of U.S. Letters Patent 5,448,496, and claims 1 and
2 of U.S. Letters Patent 5,452,231. 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 the 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 hardware logic emulation systems and
components thereof that infringe claim 8 of U.S. Letters Patent
5,036,473 or claim 1, 2, 3, or 15 of U.S. Letters Patent 5,448,496
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 SW., 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 L. Jarvis, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2568.
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. 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 March
4, 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 hardware
logic emulation systems or components thereof by reason of infringement
of claim 2-5, 15, 17-21, or 27 of U.S. Letters Patent 5,109,353, claim
1, 3-5, 7, 10-18, 22, 24, 26, or 28 of U.S. Letters Patent 5,329,470,
claim 8 of U.S. Letters Patent 5,036,473, claim 1-3, 6-8, 15, 20, or 21
of U.S. Letters Patent 5,448,496, or claims 1 or 2 of U.S. Letters
Patent 5,452,231, 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 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, is 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
Quickturn Design Systems, Inc., 440 Clyde Avenue, Mountain View,
California 94043
(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:
Mentor Graphics Corp., 8005 S.W. Boeckman Road, Wilsonville, Oregon
97070
Meta Systems, 4 Rue Rene Razel, 91400 Saclay, France
(c) Thomas L. Jarvis, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401J,
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 Paul J. Luckern 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 Rules
of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to
sections 201.16(d), 210.13(a), and 210.59 of the Commission's Rules, 19
CFR 201.16(d), 210.13(a), and 210.59, 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: March 4, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-5488 Filed 3-7-96; 8:45 am]
BILLING CODE 7020-02-P
