[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Notices]
[Page 2099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja09-92]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-666]
In the Matter of Certain Cold Cathode Fluorescent Lamp
(``CCFL'') Inverter Circuits 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 December 15, 2008, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
O2 Micro International Ltd. of the Cayman Islands and O2 Micro Inc. of
Santa Clara, California. A letter supplementing the complaint was filed
on December 24, 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 cold cathode fluorescent lamp (``CCFL'') inverter circuits and
products containing same that infringe certain claims of U.S. Patent
Nos. 7,417,382; 6,856,519; 6,809,938; and 7,120,035. The complaint
further alleges that an industry in the United States exists as
required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue exclusion orders and
cease and desist orders.
ADDRESSES: The complaint and supplement, 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: David O. Lloyd, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2576.
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 (2008).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 8, 2009, 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 cold cathode
fluorescent lamp (``CCFL'') inverter circuits or products containing
same that infringe one or more of claims 1, 2, 4, 6-9, 11, 13, and 14
of U.S. Patent No. 7,417,382; claim 7 of U.S. Patent No. 6,856,519;
claims 1-3 and 6 of U.S. Patent No. 6,809,938; and claim 4 of U.S.
Patent No. 7,120,035, 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 complainants are --
O2 Micro International Ltd., Grand Pavilion Commercial Centre, West Bay
Road, Grand Cayman KY1-1209, Cayman Islands.
02 Micro Inc., 3118 Patrick Henry Drive, Santa Clara, CA 95054.
(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:
Monolithic Power Systems Inc., 6409 Guadalupe Mines Road, San Jose, CA
95120.
Microsemi Corporation, 2381 Morse Avenue, Irvine, CA 92614.
ASUSTeK Computer Inc., No. 15, Li-Te Road Peitou, Taipei, Taiwan.
ASUSTeK Computer International America, 800 Corporate Way, Fremont, CA
94539.
LG Electronics, LG Twin Towers 20,Yoido-dong, Youngdungpo-gu Seoul,
Korea 150-721.
LG Electronics U.S.A., 1000 Sylvan AvenueEnglewood Cliffs, NJ 07632.
LG Display Co., Ltd., West Tower, LG Twin Towers, 20,Yoido-dong,
Youngdungpo-gu, Seoul, Korea 150-721.
LG Display America, Inc., 150 East Brokaw Road, San Jose, CA 95112.
BenQ Corporation, 16 Jihu Road, Neihu, Taipei 114, Taiwan.
BenQ America Corp., 15375 BarrancaSuite A205Irvine, CA 92618.
(c) The Commission investigative attorney, party to this
investigation, is David O. Lloyd, Esq., 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, Paul J. Luckern, Chief
Administrative Law Judge, U.S. International Trade Commission, shall
designate 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 an exclusion order or
a cease and desist order or both directed against the respondent.
Issued: January 8, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-561 Filed 1-13-09; 8:45 am]
BILLING CODE 7020-02-P