[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Notices]
[Pages 45445-45446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22787]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-401]
Certain CD-ROM Controllers and Products Containing Same; Notice
of Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 21, 1997, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Oak
Technology, Inc., 139 Kifer Court, Sunnyvale, CA 94086. On August 1,
1997, Oak filed a notice of withdrawal as to certain proposed
respondents. On August 7, 1997, Oak filed a letter and a supplement to
the complaint. 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 CD-ROM controllers and products containing same by reason of
infringement of claim 8 of U.S. Letters Patent 5,535,327 and claims 1-5
and 8-10 of U.S. Letters Patent 5,581,715. 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 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 Secretary, U.S.
International Trade Commission, 500 E Street, SW., Room 112,
Washington, DC 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.
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 Sec. 210.10 of the Commission's rules of practice and
procedure, 19 CFR 210.10 (1997).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 19, 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 CD-ROM
controllers and products containing same by reason of infringement of
claim 8 of U.S. Letters Patent 5,535,327 or claims 1-5 or 8-10 of U.S.
Letters Patent 5,581,715, 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--
Oak Technology, Inc., 139 Kifer Court, Sunnyvale, CA 94086
(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:
Winbond Electronics Corporation, No. 4 Creation Rd. 3, Science-Based
Industrial Park, Hsinchu, Taiwan
Winbond Electronics North America Corporation, 2730 Orchard Parkway,
San Jose, CA 95134
Wearnes Technology (Private) Ltd., 801, Lor 7 Toa Payoh #07-00,
Singapore SG-319319
Wearnes Electronics Malaysia Sendirian Berhad, No. 99, Jalan Parit
Mesjid, 82000 Pontian, Johor, Malaysia
(c) Thomas L. Jarvis, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW, Room 401-J,
Washington, DC 20436, who 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 19 CFR 201.16(d) and 210.13(a), such
[[Page 45446]]
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: August 20, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-22787 Filed 8-26-97; 8:45 am]
BILLING CODE 7020-02-P
