02-2140. In the Matter of Certain Microlithographic Machines and Components Thereof; 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 December 21, 2001, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Nikon Corporation of Tokyo, Japan, Nikon Precision Inc. of Belmont, California, and Nikon Research Corporation of America, also of Belmont, California. A letter supplementing the complaint was filed on January 10, 2002. The complaint as supplemented alleges violations of section 337 in the importation into the United States and the sale within the United States after importation of certain microlithographic machines and systems, and components thereof, by reason of infringement of claim 15 of U.S. Letters Patent 5,638,211, claims 1, 8, 12, and 17 of U.S. Letters Patent 6,233,041, claim 19 of U.S. Letters Patent 5,473,410, claims 1 and 30 of U.S. Letters Patent 6,271,640, claims 1 and 7 of U.S. Letters Patent 6,008,500, claims 1 and 16 of U.S. Letters Patent 6,255,796, and claims 1, 78, and 84 of U.S. Letters Patent 6,323,935. The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337.

The complainants request 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, are 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 [phone]. 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 also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/​eol/​public.

FOR FURTHER INFORMATION CONTACT:

David H. Hollander, Jr., Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone [phone].

Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in § 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2001).

SCOPE OF INVESTIGATION:

Having considered the complaint, the U.S. International Trade Commission, on January 22, 2001, 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 microlithographic machines or components thereof by reason of infringement of claim 15 of U.S. Letters Patent 5,638,211, claims 1, 8, 12, or 17 of U.S. Letters Patent 6,233,041, claim 19 of U.S. Letters Patent 5,473,410, claims 1 or 30 of U.S. Letters Patent 6,271,640, claims 1 or 7 of U.S. Letters Patent 6,008,500, claims 1 or 16 of U.S. Letters Patent 6,255,796, or claims 1, 78, or 84 of U.S. Letters Patent 6,323,935, and whether an industry in the United States exists or is in the process of being established 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 complainants are—

Nikon Corporation, Fuji Building, 2-3, Marunouchi 3-chome, Chiyoda-ku Tokyo, 100-8331, Japan

Nikon Precision Inc., 1399 Shoreway Road,

Belmont, CA 94002-4107

Nikon Research Corporation of America, 1399 Shoreway Road, Third Floor, Belmont, CA 94002-4107

(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:

ASM Lithography Holding N.V., De Run 1110, 5503 LA, Veldhoven, The Netherlands

ASM Lithography B.V. De Run 1110 5503 LA, Veldhoven The Netherlands

ASM Lithography, Inc., 8555 S. River Parkway, Tempe, AZ 85284

(c) Juan Cockburn, Esq., and David H. Hollander, Jr., Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436, who shall be the Commission investigative attorneys, party to this investigation; and

(3) For the investigation so instituted, the Honorable Paul J. Luckern 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 § 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 responses will be considered by the Commission if received no 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 to authorize the administrative law judge and the Commission, without further notice to that 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 that respondent.

Issued: January 23, 2002.

By order of the Commission.

Marilyn R. Abbott,

Acting Secretary.