[Federal Register: August 6, 2004 (Volume 69, Number 151)]
[Notices]
[Page 47956-47957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au04-98]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-519]
Notice of Investigation; Certain Personal Computers, Monitors,
and Components Thereof
AGENCY: 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 July 2, 2004, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Gateway, Inc. of Poway, California. Supplements were filed on July 16
and 30, 2004. 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, monitors, and components thereof by reason of infringement
of claims 1-3, 9-11, 13-14, 20-21, 27-28, 30-32, and 38-40 of U.S.
Patent No. 5,881,318, claims 1-3, 5, 7-12, 14-29, 31-36, and 38 of U.S.
Patent No. 5,192,999, and claims 1-2 and 4-6 of U.S. Patent No.
6,326,996. 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 a permanent cease and desist order.
ADDRESSES: The complaint and its exhibits, 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://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Kevin Baer, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2221.
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 (2003).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 2, 2004, 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 personal computers
or monitors or components thereof by reason of infringement of one or
more of claims 1-3, 9-11, 13-14, 20-21, 27-28, 30-32, and 38-40 of U.S.
Patent No. 5,881,318, claims 1-3, 5, 7-12, 14-29, 31-36, and 38 of U.S.
Patent No. 5,192,999, and claims 1-2 and 4-6 of U.S. Patent No.
6,326,996, 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--Gateway, Inc., 14303 Gateway Place, Poway,
California 92064.
(b) The respondent is the following company alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Hewlett-Packard Company, 3000 Hanover Street, Palo Alto,
California 94304.
(c) Kevin Baer, 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
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Delbert R.
Terrill, Jr. is designated as the presiding administrative law judge.
A response to the complaint and the notice of investigation must be
[[Page 47957]]
submitted by the named respondent 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 response 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 the response to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of the 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 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 the respondent.
Issued: August 3, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-18016 Filed 8-5-04; 8:45 am]
BILLING CODE 7020-02-P