[Federal Register: May 28, 2008 (Volume 73, Number 103)]
[Notices]
[Page 30628-30629]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my08-61]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-649]
In the Matter of Certain Semiconductor Chips with Minimized Chip
Package Size and Products Containing Same (IV); 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 21, 2008, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Tessera, Inc. of San Jose, California. A supplement to the complaint
was filed on May 14, 2008. The complaint alleges violations of section
337 based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain semiconductor chips with minimized chip package size and
products containing same that infringe certain claims of U.S. Patent
No. 5,679,977, U.S. Patent No. 5,852,326 and U.S. Patent No. 6,433,419.
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 exclusion orders and
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 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: Kecia J. Reynolds, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2580.
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 (2007).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 20, 2008, 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
[[Page 30629]]
United States, the sale for importation, or the sale within the United
States after importation of certain semiconductor chips with minimized
chip package size or products containing same that infringe one or more
of claims 1, 2, 6, 12, 16-19, 21, 24-26, and 29 of U.S. Patent No.
5,852,326; claims 1-11, 14, 15, 19, and 22-24 of U.S. Patent No.
6,433,419; and claim 17 of U.S. Patent No. 5,679,977; 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--Tessera, Inc., 3099 Orchard Drive, San
Jose, California 95134.
(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:
ASE Inc., 26 Chin Third Road, Nantze Export Processing Zone,
Nantze, Kaohsiung, Taiwan.
ASE Test Limited, 10 West Fifth Street, Nantze Export Processing
Zone, Kaohsiung, Taiwan.
ASE (U.S.) Inc., 3590 Peterson Way, Santa Clara, California 95054.
ChipMOS Technologies Inc., No. 1 R&D Road 1, Science Based
Industrial Park, Hsinchu, Taiwan.
ChipMOS Technologies (Bermuda) Ltd., 11F, No. 3, Lane 91, Dongmei
Road, Hsinchu, Taiwan.
ChipMOS USA Inc., 2890 N 1st Street, San Jose, California 95134.
Siliconware Precision Industries, Co., Ltd., No. 123, Sec. 3, Da
Fong Road, Tantzu, Taichung, Taiwan.
Siliconware USA Inc., 1735 Technology Drive, 300, San
Jose, California 95110.
STATS Chippac (BVI) Limited, Craigmuir Chambers, Road Town,
Tortola, British Virgin Islands.
STATS Chippac, Ltd., 10 Ang Mo Kio Street 65, 50-17/20,
Techpoint, Singapore 569059.
STATS Chippac, Inc., 47400 Kato Road, Fremont, California 94538.
(c) The Commission investigative attorney, party to this
investigation, is Kecia J. Reynolds, Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Theodore
Essex is designated as the presiding administrative law judge.
Any order deciding a motion for stay should be issued in the form
of an initial determination (ID).
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 an exclusion order or
a cease and desist order or both directed against the respondent.
Issued: May 21, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-11844 Filed 5-27-08; 8:45 am]
BILLING CODE 7020-02-P