[Federal Register Volume 64, Number 108 (Monday, June 7, 1999)]
[Notices]
[Pages 30356-30357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14526]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
In the Matter of Certain Enhanced DRAM Devices Containing
Embedded Cache Memory Registers, Components Thereof, and Products
Containing Same; Notice of Investigation
[Inv. No. 337-TA-421]
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337
and provisional acceptance of motion for temporary relief.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint and motion for
temporary relief were filed with the U.S. International Trade
Commission on April 29, 1999, under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. Sec. 1337, on behalf of Enhanced Memory
Systems, Inc., 1850 Ramtron Drive, Colorado Springs, Colorado 80921. An
amended complaint and a supplementary letter were filed on May 25,
1999. The complaint, as amended and 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 enhanced DRAM devices containing embedded cache memory
registers, components thereof, and products containing same by reason
of infringement of claims 26 and 27 of U.S. Letters Patent 5,721,862,
and claims 2, 6, 17, 18 and 27-31 of U.S. Letters Patent 5,887,272. 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.
The motion for temporary relief requests that the Commission issue
a temporary limited exclusion order and temporary cease and desist
orders prohibiting the importation into and the sale within the United
States after importation of certain enhanced DRAM devices containing
embedded cache memory registers, components thereof, and products
containing same that infringe claim 26 of U.S. Letters Patent
5,721,862, and claim 27 of U.S. Letters Patent 5,887,272, 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
[[Page 30357]]
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: James B. Coughlan, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2221.
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. The authority for provisional
acceptance of the motion for temporary relief is contained in
section 210.58, 19 C.F.R. Sec. 210.58.
Scope of Investigation
Having considered the complaint and the motion for temporary
relief, the U.S. International Trade Commission, on June 2, 1999,
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 enhanced
DRAM devices containing embedded cache memory registers, components
thereof, or products containing same by reason of infringement of
claims 26 or 27 of U.S. Letters Patent 5,721,862, or claims 2, 6, 17,
18, 27, 28, 29, 30 or 31 of U.S. Letters Patent 5,887,272, 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 C.F.R. Sec. 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--Enhanced Memory Systems, Inc., 1850 Ramtron
Drive, Colorado Springs, Colorado 80921.
(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:
NEC Corporation, 7-1, Shiba 5-chome Minato-ku, Tokyo 108-8001, Japan
NEC Electronics, Inc., 2880 Scott Blvd., Santa Clara, California 95050-
8062
NEC USA, Inc., 8 Corporate Center Drive, Melville, New York 11747
(c) James B. Coughlan, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street,
S.W., Room 401-L, Washington, D.C. 20436, who shall be the Commission
investigative attorney, party to this investigation; and
(4) For the investigation and temporary relief proceedings so
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 section 210.13 and 210.59 of the Commission's Rules of
Practice and Procedure, 19 C.F.R. Secs. 210.13 and 210.59. Pursuant to
sections 201.16(d), 210.13(a), and 210.59 of the Commission's Rules, 19
C.F.R. Secs. 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: June 3, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-14526 Filed 6-4-99; 8:45 am]
BILLING CODE 7020-20-P
