[Federal Register Volume 63, Number 186 (Friday, September 25, 1998)]
[Notices]
[Pages 51372-51373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25734]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-414]
In the Matter of Certain Semiconductor Memory Devices 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 August 21, 1998, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Micron Technology, Inc., 8000 South Federal Way, P.O. Box 6, Boise,
Idaho 83707-0006. The complaint 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
semiconductor memory devices and products containing same by reason of
infringement of claims 2-4 and 6-8 of U.S. Letters Patent 4,436,584,
claims 1-23 of U.S. Letters Patent 4,992,137, claims 28, 29, and 31-34
of U.S. Letters Patent 5,486,129, and claims 1-17 of U.S. Letters
Patent 5,514,245. 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.
[[Page 51373]]
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. 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.
FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office
of Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2576. General information concerning the Commission
may also be obtained by accessing its internet server (http://
www.usitc.gov).
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 (1998).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on September 18, 1998, 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
semiconductor memory devices or products containing same by reason of
infringement of claims 2-4 or 6-8 of U.S. Letters Patent 4,436,584,
claims 1-23 of U.S. Letters Patent 4,992,137, claims 28, 29, or 31-34
of U.S. Letter Patent 5,486,129, or claims 1-17 of U.S. Letters Patent
5,514,245, 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: Micron Technology, 8000 South Federal Way,
P.O. Box 6, Boise, Idaho 83707-0006.
(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: Mosel Vitelic, Inc., 1 Creation Road I, Science Based
Industrial Park, Hsinchu City, Taiwan; Mosel Vitelic Corporation, 3910
North First Street, San Jose, California 95134-1501.
(c) Smith R. Brittingham IV, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW,
Room 401-M, 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 section 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) of the Commission's Rules,
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: September 21, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-25734 Filed 9-24-98; 8:45 am]
BILLING CODE 7020-02-P
