[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Notices]
[Pages 45166-45167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21528]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-377]
Certain Microprocessors Having Alignment Checking 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 July 24, 1995, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Intel Corporation, 2200 Mission College Boulevard, Santa Clara,
California 95052-8119. A letter supplementing the complaint was filed
on August 11, 1995. The complaint, as supplemented, alleges a violation
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 microprocessors having alignment checking and
products containing same by reason of infringement of claims 8 and 9 of
U.S. Letters Patent 5,201,043. 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 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 202-205-1802. 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.
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 22, 1995, 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
microprocessors having alignment checking or products containing same
by reason of alleged infringement of claims 8 or 9 of U.S. Letters
Patent 5,201,043, 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--Intel Corporation, 2200 Mission College
Boulevard, Santa Clara, California 95052-8119.
(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:
Eurone (HK) Company Limited, Rm 1416 Fotan Industrial Centre, 26-28 Au
Pui Wan St., Fotan, Sha Tin, New Territory, Hong Kong
Eurone L A, Incorporated, 2654 Durfee Avenue, El Monte, California
91732.
(c) Thomas L. Jarvis, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street SW., Room 401J,
Washington, DC 20436, shall be the Commission investigative attorney,
party to this investigation; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as the presiding administrative law judge.
[[Page 45167]]
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: August 24, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-21528 Filed 8-29-95; 8:45 am]
BILLING CODE 7020-02-P