[Federal Register: May 21, 2007 (Volume 72, Number 97)]
[Notices]
[Page 28520-28521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my07-74]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-606]
In the Matter of Certain Personal Computers and Digital Display
Devices; 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 April 19, 2007, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Hewlett-Packard Company of Palo Alto, California. 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 personal computers and digital display devices
by reason of infringement of U.S. Patent Nos. 6,691,236; 6,029,119;
5,353,415; and 6,894,706. The complaint further alleges that an
industry in the United States exists 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 permanent cease and desist orders.
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 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 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) at http://www.usitc.gov/secretary/edis.htm.
FOR FURTHER INFORMATION CONTACT: Bryan Moore, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2767.
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 (2006).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 15, 2007, 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 personal
computers and digital display devices by reason of infringement of one
or more of claims 1-17 of U.S. Patent No.
[[Page 28521]]
6,691,236; claims 1-5, 9, 10, 13-26, and 28-33 of U.S. Patent No.
6,029,119; claims 1-8 of U.S. Patent No. 5,353,415; and claims 1-8 and
23-33 of U.S. Patent No. 6,894,706, and whether an industry in the
United States exists 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--Hewlett-Packard Company, 3000 Hanover
Street, Palo Alto, California 94304.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Acer Incorporated, 8F, 88, Sec. 1, Hsin Tai Wu Road, Hsichih, Taipei,
Hsien 221, Taiwan.
Acer America Corporation, 333 West San Carlos Street, Suite 1500, San
Jose, California 95110.
(c) The Commission investigative attorney, party to this
investigation, is Bryan Moore, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Room 401-R, Washington, DC 20436; 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 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), 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 and the notice of investigation 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 an initial determination and a final determination containing
such findings, and may result in the issuance of a limited exclusion
order or cease and desist order or both directed against a respondent.
Issued: May 16, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-9723 Filed 5-18-07; 8:45 am]
BILLING CODE 7020-02-P