[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Notices]
[Page 15728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8363]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-396]
Certain Removable Electronic Cards and Electronic Card Reader
Devices and Products Containing Same; Notice of Investigation
AGENCY: 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 11, 1997, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Innovatron S.A., 1 rue Danton, Paris, France 75006. On March 12, 1997,
the Commission extended by two weeks the thirty-day period for
determining whether to institute an investigation based on the
complaint. An amended complaint was filed on March 14, 1997 and a
supplement was filed on March 20, 1997. The amended 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 removable electronic cards
and electronic card reader devices and products containing same that
infringe claim 8 of U.S. Letters Patent 4,404,464.
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 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 202-205-1802. 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: William F. Heinze, 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
Sec. 210.10 of the Commission's rules of practice and procedure, 19 CFR
210.10.
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on March 26, 1997, 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 removable
electronic cards or electronic card reader devices or products
containing same by reason of infringement of claim 8 of U.S. Letters
Patent 4,404,464, and whether 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--Innovatron S.A., 1, rue Danton, Paris,
France 75006
(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: Thomson Multimedia, S.A., 9 Place des Vosges, La
Defense Cedex, Paris, France
Thomson Consumer Electronics, Inc., 10330 North Meridian Street,
Indianapolis, Indiana 46290
(c) William F. Heinze, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street,
S.W., Room 401-P, Washington, DC 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 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.
Issued: March 27, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-8363 Filed 4-1-97; 8:45 am]
BILLING CODE 7020-02-P
