[Federal Register: May 16, 2006 (Volume 71, Number 94)]
[Notices]
[Page 28387-28388]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my06-121]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-570]
In the Matter of Certain Flash Memory Chips, Flash Memory
Systems, 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 April 11, 2006, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Lexar Media, Inc. of Fremont, 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 flash memory chips, flash memory systems, and
products containing same by reason of infringement of claims 1 and 2 of
U.S. Patent No. 6,801,979; claims 1-7 of U.S. Patent No. 6,397,314; and
claims 1-13, 15, and 16 of U.S. Patent No. 6,978,342. 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 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, 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
[[Page 28388]]
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://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Bryan F. 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 (2005).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 10, 2006, 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 flash memory
chips, flash memory systems, or products containing same by reason of
infringement of one or more of claims 1 and 2 of U.S. Patent No.
6,801,979, claims 1-7 of U.S. Patent No. 6,397,314, and claims 1-13,
15, and 16 of U.S. Patent No. 6,978,342, 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 complainant is--
Lexar Media, Inc., 47300 Bayside Parkway, Fremont, CA 94538.
(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:
Toshiba Corporation, 1-1-1, Shibaura, Minato-Ku, Tokyo 105-0023
Japan.
Toshiba America, Inc., 1251 Avenue of Americas, Suite 4100, New
York, NY 10020.
Toshiba America Electronic Components, Inc., 19900 Macarthur Blvd.,
Suite 400, Irvine, CA 92612.
(c) The Commission investigative attorney, party to this
investigation, is Bryan F. Moore, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436.
(3) For the investigation so instituted, the Honorable Robert L.
Barton, Jr. 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
enter both an initial and 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 the respondent.
By order of the Commission.
Issued: May 11, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-7439 Filed 5-15-06; 8:45 am]
BILLING CODE 7020-02-P