[Federal Register Volume 69, Number 228 (Monday, November 29, 2004)]
[Notices]
[Pages 69390-69391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26275]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-527]


In the Matter of Certain Digital Image Storage and Retrieval 
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 October 21, 2004, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ampex Corporation of Redwood City, California. An amended complaint was 
filed on October 29, 2004, and a supplemental letter was filed on 
November 5, 2004. The amended 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 digital image storage and retrieval devices by reason of 
infringement of claims 7-8 and 10-15 of U.S. Patent No. 4,821,121. The 
amended 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 amended 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, D.C. 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: Erin Joffre, Esq., Office of Unfair 
Import

[[Page 69391]]

Investigations, U.S. International Trade Commission, telephone (202) 
205-2550.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
Sec.  210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2004).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on November 22, 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 certain digital 
image storage and retrieval devices by reason of infringement of one or 
more of claims 7-8 and 10-15 of U.S. Patent No. 4,821,121, 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--Ampex Corporation, 1228 Douglas Avenue, 
Redwood City, California 94063-3117.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served: Eastman Kodak Company, 343 State Street, 
Rochester, New York 14650-0001; Chinon Industries, Inc., 23 11 Naka 
Oshio, Chino City, Nagano 391 0293, Japan; Altek Corporation, 3F, No. 
10, Li-Hsin Road Science-Based Industrial Park, Hsinchu, Taiwan.
    (c) Erin Joffre, 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.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondents in accordance with Sec.  
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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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.

    By order of the Commission.

    Issued: November 22, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-26275 Filed 11-26-04; 8:45 am]
BILLING CODE 7020-02-P