U.S. International Trade Commission

Publication 4129 March 2010

Washington, DC 20436

In the Matter of

Investigation No. 337-TA-590

Certain Coupler Devices for Power Supply 

Facilities, Components Thereof, and 

Products Containing Same 
U.S. International Trade Commission

COMMISSIONERS 

Shara L. Aranoff, Chairman 

Daniel R. Pearson, Vice Chairman 

Deanna Tanner Okun 

Charlotte R. Lane 

Irving A. Williamson 

Dean A. Pinkert 

Address all communications to 

Secretary to the Commission 

United States International Trade Commission 

Washington, DC 20436
U.S. International Trade Commission

Washington, DC 20436 

www.usitc.gov

Publication 4129 March 2010

In the Matter of

Investigation No. 337-TA-590

Certain Coupler Devices for Power Supply 

Facilities, Components Thereof, and 

Products Containing Same 


importation, and the sale within the United States after importation of certain coupler devices for 

power supply facilities, components thereof, and products containing same by reason of the 

infringement of one or more of claims 1-14 of U.S. Patent No. 6,935,902. The complaint named 

thirty respondents located in China, Germany, Taiwan, and the United States (California, North 

Carolina, and Minnesota). Topower originally requested a general exclusion order. The 

investigation was assigned to Administrative Law Judge (ALJ) Robert L. Barton, Jr., and 

subsequently reassigned to Judge Charles E. Bullock. Twenty-two respondents have been 

terminated from this investigation based on either a settlement agreement, consent order, or 

withdrawal of allegatJions. 

On August 6,2007, Topower filed a motion for an order directing respondents 

Aspire/Apevia International, Ltd. (“Aspire”), XiodAxpertec, Inc. (“Xion”), JPAC Computer, 

Inc. (“JPAC”), Sunbeam Co. (“Sunbeam”), Super Flower Computer, Inc. (“Super Flower”), 

Taiwan Youngyear Electronics Co., Ltd. (“Taiwan Youngyear”), Sun Pro Electronics Co., Ltd. 

(“Sun Pro”), and Leadman Electronics Co., Ltd. (“Leadman”) to show cause why they should 

not be found in default for failure to respond to the Complaint and Notice of Investigation and 

advised that it was no longer seeking a general exclusion order. On August 30,2007, the ALJ 

issued an order to show cause by September 14,2007, why the respondents should not be found 

in default pursuant to Commission Rule 210.16. Order No. 37. On September 25,2007, the ALJ 

issued an initial determination finding the eight respondents in default. Order No. 39. The 

Commission published notice in the Federal Register of its decision not to review this 

determination, and requested briefing from interested parties on remedy, the public interest, and 

bonding. 72 Fed. Reg. 58883 (October 17,2007). 

The Commission investigative attorney (IA) submitted briefing on November 8,2007. 

The IA proposed a limited exclusion order and cease and desist orders directed to infringing 

coupler devices, components thereof, and products containing same of the defaulted respondents. 

The IA recommended allowing entry under bond of 100 percent of entered value during the 

period of Presidential review. Topower agreed with the recommendations of the IA. 

The Commission found that each of the statutory requirements of section 337(g)( l)(A)- 

(E), 19 U.S.C. 6 1337(g)(l)(A)-(E), has been met with respect to the defaulting respondents. 

Accordingly, pursuant to section 337(g)(1), 19 U.S.C. 6 1337(g)(1), and Commission rule 

2 10.16(c), 19 CFR 0 2 lO.l6(c), the Commission presumed the facts alleged in the complaint to 

be true. 

The Commission determined that the appropriate form of relief in this investigation 

includes a limited exclusion order prohibiting the unlicensed entry of certain coupler devices for 

power supply facilities, components thereof, and products containing same by reason of 

infringement of one or more of claims 1-14 of U.S. Patent No. 6,935,902. The order covers 

certain coupler devices for power supply facilities, components thereof, and products containing 

same that are manufactured abroad by or on behalf of, or imported by or on behalf of 

respondents Aspire, Xion, JPAC, Sunbeam, Super Flower, Taiwan Youngyear, Sun Pro, and 

Leadman, or any of their affiliated companies, parents, subsidiaries, or other related business 

2 
entities, or their successors or assigns. The Commission also determined to issue cease and 

desist orders prohibiting domestic respondents Aspire, Xion, PAC, Sunbeam, and Leadman 

from importing, selling, marketing, advertising, distributing, offering for sale, transferring 

(except for exportation), and soliciting U.S. agents or distributors for certain coupler devices for 

power supply facilities, components thereof, and products containing same covered by the 

above-mentioned claims of U.S. Patent No. 6,935,902. The Commission further determined that 

the public interest factors enumerated in section 337(g)(1), 19 U.S.C. 0 1337(g)(1), do not 

preclude issuance of the limited exclusion order and cease and desist orders. Finally, the 

Commission determined that the bond under the limited exclusion order during the Presidential 

review period shall be in the amount of 100 percent of the entered value of the imported articles. 

The Commission’s orders were delivered to the President and the United States Trade 

Representative on the day of their issuance. 

The Commission has therefore terminated this investigation. The authority for the 

Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended 

(19 U.S.C. 0 1337), and sections 210.16(c) and 210.41 ofthe Commission’s Rules of Practice 

and Procedure (19 CFR 0 210.16(c) and 9 210.41). 

By order of the Commission. 

Secretary to tWcommission 

Issued: December 20,2007 

3 
UNITED STATES INTERNATIONAL TRADE COMMISSION 

Washington, D.C. 

In the Matter of 

CERTAIN COUPLER DEVICES FOR 

POWER SUPPLY FACILITIES, 

COMPONENTS THEREOF, AND 

PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-590 

LIMITED EXCLUSION ORDER 

The Commission has previously found Aspire/Apevia International Corp., 

Ltd.; XiodAxpertec, Inc.; JPAC Computer, Inc.; Sunbeam Co.; Super Flower 

Computer, Inc.; Taiwan Youngyear Electronics Co., Ltd.; Sun Pro Electronics 

Co., Ltd.; and Leadman Electronic Co., Ltd. in default for failing to respond to the 

Notice of Investigation and the Complaint that alleged a violation of section 337 

of the Tariff Act of 1930 (19 U.S.C. 9 1337) in the unlawful importation and sale 

of certain coupler devices for power supply facilities, components thereof, and 

products containing same by reason of infiingement of claims 1-14 of U.S. Patent 

No. 6,935,902 (“the ‘902 patent”). 

Having reviewed the record in this investigation, including the written 

submissions of the parties, the Commission has made its determination on the 

issues of remedy, the public interest, and bonding. The Commission has 

determined that the appropriate form of exclusionary relief as to the defaulting 

respondents is a limited exclusion order prohibiting the unlicensed entry of 

coupler devices for power supply facilities, components thereof, and products 
2 

containing same that are covered by one or more of claims 1-14 of the ‘902 patent, 

and that are manufactured abroad by or on behalf of, imported by or on behalf of, 

or sold after importation by or on behalf of Aspire/Apevia International Corp., 

Ltd.; XiodAxpertec, Inc.; JPAC Computer, Inc.; Sunbeam Co.; Super Flower 

Computer, Inc.; Taiwan Youngyear Electronics Co., Ltd.; Sun Pro Electronics 

Co., Ltd.; or Leadman Electronic Co., Ltd. 

The Commission has further determined that the public interest factors 

enumerated in 19 U.S.C. 0 1337(g)(l) do not preclude issuance of the limited 

exclusion order, and that the bond during the Presidential review period shall be 

in the amount of 100% of entered value of the coupler devices for power supply 

facilities and components thereof that are subject to this Order. 

Accordingly, the Commission hereby ORDERS that: 

1. Coupler devices for power supply facilities, components thereof, 

and products containing same that are covered by one or more of claims 1-14 of 

the ‘902 patent that are manufactured abroad by or on behalf of, imported by or on 

behalf of, or sold after importation by or on behalf of Aspire/Apevia International 

Corp., Ltd.; XiodAxpertec, Inc.; JPAC Computer, Inc.; Sunbeam Co.; Super 

Flower Computer, Inc.; Taiwan Youngyear Electronics Co., Ltd.; Sun Pro 

Electronics Co., Ltd.; or Leadman Electronic Co., Ltd., or any of their affiliated 

companies, parents, subsidiaries, or other related business entities, or any of their 

successors or assigns, shall be excluded from entry for consumption into the 
3 

United States, entry for consumption from a foreign trade zone, or withdrawal 

from a warehouse for consumption, for the remaining term of the patent, except 

under license of the patent owner or as provided by law. 

2. Coupler devices for power supply facilities, components thereof, 

and products containing same that are excluded by paragraph 1 of this Order are 

entitled to entry for consumption into the United States, entry for consumption 

from a foreign trade zone, or withdrawal from a warehouse for consumption, 

under bond in the amount of 100% of entered value pursuant to subsection 0) of 

section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 0 1337(j), and the 

Presidential Memorandum for the United States Trade Representative of July 21, 

2005 (70 Fed. Reg. 4325 l), from the day after this Order is received by the United 

States Trade Representative until such time as the United States Trade 

Representative notifies the Commission that this action is approved or 

disapproved but, in any event, not later than 60 days after the date of receipt of 

this action. 

3. At the discretion of U.S. Customs and Border Protection ("CBP") 

and pursuant to procedures it establishes, persons seeking to import coupler 

devices for power supply facilities, components thereof, and products containing 

same that are potentially subject to this Order may be required to certify that they 

are familiar with the terms of this Order, that they have made appropriate inquiry, 

and thereupon state that, to the best of their knowledge and belief, the products 
4 

being imported are not excluded from entry under paragraphs 1 through 7 of this 

Order. At its discretion, Customs may require persons who have provided the 

certification described in this paragraph to furnish such records or analyses as are 

necessary to substantiate the certification. 

4. In accordance with 19 U.S.C. 0 1337(1), the provisions of this 

Order shall not apply to coupler devices for power supply facilities, components 

thereof, and products containing same that are imported by and for the use of the 

United States, or imported for, and to be used for, the United States with the 

authorization or consent of the Government. 

5. The Commission may modify this Order in accordance with the 

procedures described in section 210.76 of the Commission’s Rules of Practice and 

Procedure, 19 C.F.R. 0 210.76. 

6. The Secretary shall serve copies of this Order upon each party of 

record in this investigation and upon the Department of Health and Human 

Services, the Department of Justice, the Federal Trade Commission, and the U.S. 

Bureau of Customs and Border Protection. 
5 

7. Notice of this Order shall be published in the Federal Register. 

By Order of the Commission. 

. 

Secretary 

Issued: December 20,2007 
UNITED STATES INTERNATIONAL TRADE COMMISSION 

Washington, D.C. 

In the Matter of 

CERTAIN COUPLER DEVICES FOR 

POWER SUPPLY FACILITIES, 

COMPONENTS THEREOF, AND 

PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-590 

ORDER TO CEASE AND DESIST 

IT IS HEREBY ORDERED THAT Aspire/Apevia International Corp., Ltd., 21490 

Ferrero Pkwy, City of Industry, CA 91 789, cease and desist from conducting any of the following 

activities in the United States: importing, selling, marketing, advertising, distributing, offering 

for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for, 

coupler devices for power supply facilities, components thereof, or products containing same, 

that are covered by one or more of claims 1-14 of U.S. Patent No. 6,935,902 ("the '902 patent"), 

in violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 5 1337. 

I. 

Definitions 

As used in this Order: 

(A) "Commission" shall mean the United States International Trade Commission. 

(B) "Complainant" shall mean Topower Computer Industrial Co., Ltd. of Taiwan. 

(C) "Respondent" means Aspire/Apevia International Corp., Ltd., 21490 Ferrero Pkwy, 

City of Industry, CA 91 789. 

@) "Person" shall mean an individual, or any non-governmental partnership, firm, 
association, corporation, or other legal or business entity other than Respondent or its majority 

owned or controlled subsidiaries, successors, or assigns. 

(E) "United States" shall mean the fifty States, the District of Columbia, and Puerto 

Rico. 

(F) The terms "import" and "importation" refer to importation for entry for consumption 

under the Customs laws of the United States. 

(G) The term "covered products" shall mean coupler devices for power supply facilities, 

components thereof, or products containing same, that are covered by one or more of claims 1-14 

of the '902 patent. 

11. 

Applicability 

The provisions of this Cease and Desist Order shall apply to Respondent and to any of its 

principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled 

(whether by stock ownership or otherwise) and majority-owned business entities, successors, and 

assigns, and to each of them, insofar as they are engaging in conduct prohbited by Section III, 

infra, for, with, or otherwise on behalf of Respondent. 

111. 

Conduct Prohibited 

The following conduct of Respondent in the United States is prohibited by the Order. For 

the remaining term of the patent, Respondent shall not: 

(A) import or sell for importation into the United States covered products; 

(B) market, distribute, offer for sale, sell, or otherwise transfer (except for exportation), in 

2 
the United States imported covered products; 

(C) advertise imported covered products; 

(D) solicit U.S. agents or distributors for imported covered products; or 

(E) aid or abet other entities in the importation, sale for importation, sale after 

importation, transfer, or distribution of covered products. 

IV. 

Conduct Permitted 

Notwithstanding any other provision of this Order, specific conduct otherwise prohibited 

by the terms of this Order shall be permitted if, in a written instrument, the owner of U.S. Patent 

No. 6,935,902 licenses or authorizes such specific conduct, or such specific conduct is 

related to the importation or sale of covered products by or for the United States. 

V. 

Reporting 

For purposes of this reporting requirement, the reporting periods shall commence on 

January 1 of each year and shall end on the subsequent December 31. However, the first report 

required under this section shall cover the period from the date of issuance of this Order through 

December 3 1,2008. This reporting requirement shall continue in force until such time as 

Respondent will have truthfully reported, in two consecutive timely filed reports, that it has no 

inventory of covered products in the United States. 

Within thirty (30) days of the last day of the reporting period, Respondent shall report to 

the Commission the quantity in units and the value in dollars of covered products that 

Respondent has imported or sold in the United States after importation during the reporting 

3 
period and the quantity in units and value in dollars of reported covered products that remain in 

inventory in the United States at the end of the reporting period. 

Any failure to make the required report or the filing of any false or inaccurate report shall 

constitute a violation of this Order, and the submission of a false or inaccurate report may be 

referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. 5 1001. 

VI. 

Record-keeping and Inspection 

(A) For the purpose of securing compliance with this Order, Respondent shall retain any 

and all records relating to the sale, offer for sale, marketing, or distribution in the United States 

of covered products, made and received in the usual and ordinary course of business, whether in 

detail or in summary form, for a period of three (3) years fkom the close of the fiscal year to 

which they pertain. 

(B) For the purpose of determining or securing compliance with this Order and for no 

other purpose, and subject to any privilege recognized by the federal courts of the United States, 

duly authorized representatives of the Commission, upon reasonable written notice by the 

Commission or its staff, shall be permitted access and the right to inspect and copy in 

Respondent's principal offices during office hours, and in the presence of counsel or other 

representatives if Respondent so chooses, all books, ledgers, accounts, correspondence, 

memoranda, and other records and documents, both in detail and in summary form as are 

required to be retained by subparagraph VI(A) of this Order. 

4 
VII. 

Service of Cease and Desist Order 

Respondent is ordered and directed to: 

(A) Serve, within fifteen (1 5) days after the effective date of this Order, a copy of this 

Order upon each of its respective officers, directors, managing agents, agents, and employees 

who have any responsibility for the importation, marketing, distribution, or sale of imported 

covered products in the United States; 

(B) Serve, within fifteen (1 5) days after the succession of any persons referred to in 

subparagraph VII(A) of this Order, a copy of the Order upon each successor; and 

(C) Maintain such records as will show the name, title, and address of each person 

upon whom the Order has been served, as described in subparagraphs VII(A) and VII(B) of this 

Order, together with the date on which service was made. 

The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until 

the date of expiration of US. Patent No. 6,935,902. 

VIII. 

Confidentiality 

Any request for confidential treatment of information obtained by the Commission 

pursuant to Sections V and VI of this Order should be in accordance with Commission Rule 

201.6, 19 C.F.R. 0 201.6. For all reports for which confidential treatment is sought, Respondent 

must provide a public version of such report with confidential information redacted. 

5 
IX. 

Enforcement 

Violation of this Order may result in any of the actions specified in section 21 0.75 of the 

Commission's Rules of Practice and Procedure, 19 C.F.R. 5 210.75, including an action for civil 

penalties in accordance with section 337(f) of the Tariff Act of 1930,19 U.S.C. $ 1337(f), and 

any other action as the Commission may deem appropriate. In determining whether Respondent 

is in violation of this Order, the Commission may infer facts adverse to Respondent if 

Respondent fails to provide adequate or timely information. 

X. 

Modification 

The Commission may amend this Order on its own motion or in accordance with the 

procedure described in section 210.76 of the Commission's Rules of Practice and Procedure, 19 

C.F.R. $ 210.76. 

XI. 

Bonding 

The conduct prohibited by Section ID of this Order may be continued during the sixty 

(60) day period in which this Order is under review by the United States Trade Representative as 

delegated by the President, 70 Fed Reg 4325 1 (July 21,2005), subject to Respondent posting a 

bond of in the amount of 100% of entered value of the covered products. This bond provision 

does not apply to conduct that is otherwise permitted by Section IV of this Order. Covered 

products imported on or after the date of issuance of this order are subject to the entry bond as set 

forth in the limited exclusion order issued by the Commission, and are not subject to this bond 

6 
provision. 

The bond is to be posted in accordance with the procedures established by the 

Commission for the posting of bonds by complainants in connection with the issuance of 

temporary exclusion orders. See Commission Rule 210.68, 19 C.F.R. $210.68. The bond and 

any accompanying documentation is to be provided to and approved by the Commission prior to 

the commencement of conduct which is otherwise prohibited by Section III of this Order. 

The bond is to be forfeited in the event that the United States Trade Representative 

approves, or does not disapprove within the review period, this Order, unless the U.S. Court of 

Appeals for the Federal Circuit, in a final judgment, reverses any Commission final 

determination and order as to Respondent on appeal, or unless Respondent exports the products 

subject to this bond or destroy them and provides certification to that effect satisfactory to the 

Commission. 

The bond is to be released in the event the United States Trade Representative 

disapproves this Order and no subsequent order is issued by the Commission and approved, or 

not disapproved, by the United States Trade Representative, upon service on Respondent of an 

order issued by the Commission based upon application therefore made by Respondent to the 

Commission. 

By Order of the Commission. 

Marilyn R.@tt 

Secretary to the Commission 

Issued: December 20,2007 

7 
UNITED STATES INTERNATIONAL TRADE COMMISSION 

Washington, D.C. 

In the Matter of 

CERTAIN COUPLER DEVICES FOR 

POWER SUPPLY FACILITIES, 

COMPONENTS THEREOF, AND 

PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-590 

ORDER TO CEASE AND DESIST 

IT IS HEREBY ORDERED THAT XiodAxpertec, Inc., 200 Lemon Creek Drive No. B, 

Walnut, CA 91789, cease and desist fi-om conducting any of the following activities in the United 

States: importing, selling, marketing, advertising, distributing, offering for sale, transferring 

(except for exportation), and soliciting U.S. agents or distributors for, coupler devices for power 

supply facilities, components thereof, or products containing same, that are covered by one or 

more of claims 1-14 of U.S. Patent No. 6,935,902 ("the '902 patent"), in violation of section 337 

of the Tariff Act of 1930, as amended, 19 U.S.C. 5 1337. 

I. 

Definitions 

As used in this Order: 

(A) "Commission" shall mean the United States International Trade Commission. 

(B) "Complainant" shall mean Topower Computer Industrial Co., Ltd. of Taiwan. 

(C) "Respondent" means XiodAxpertec, Inc., 200 Lemon Creek Drive No. B, Walnut, 

CA 91789. 

(D) "Person" shall mean an individual, or any non-governmental partnership, firm, 
association, corporation, or other legal or business entity other than Respondent or its majority 

owned or controlled subsidiaries, successors, or assigns. 

(E) "United States" shall mean the fifty States, the District of Columbia, and Puerto 

Rico. 

(F) The terms "import" and "importation" refer to importation for entry for consumption 

under the Customs laws of the United States. 

(G) The term "covered products" shall mean coupler devices for power supply facilities, 

components thereof, or products containing same, that are covered by one or more of claims 1-14 

of the '902 patent. 

11. 

Applicability 

The provisions of this Cease and Desist Order shall apply to Respondent and to any of its 

principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled 

(whether by stock ownership or otherwise) and majority-owned business entities, successors, and 

assigns, and to each of them, insofar as they are engaging in conduct prohibited by Section III, 

infra, for, with, or otherwise on behalf of Respondent. 

111. 

Conduct Prohibited 

The following conduct of Respondent in the United States is prohibited by the Order. For 

the remaining term of the patent, Respondent shall not: 

(A) import or sell for importation into the United States covered products; 

(B) market, distribute, offer for sale, sell, or otherwise transfer (except for exportation), in 

2 
the United States imported covered products; 

(C) advertise imported covered products; 

(D) solicit U.S. agents or distributors for imported covered products; or 

(E) aid or abet other entities in the importation, sale for importation, sale after 

importation, transfer, or distribution of covered products. 

IV. 

Conduct Permitted 

Notwithstanding any other provision of this Order, specific conduct otherwise prohibited 

by the terms of this Order shall be permitted if, in a written instrument, the owner of U.S. Patent 

No. 6,935,902 licenses or authorizes such specific conduct, or such specific conduct is 

related to the importation or sale of covered products by or for the United States. 

V. 

Reporting 

For purposes of this reporting requirement, the reporting periods shall commence on 

January 1 of each year and shall end on the subsequent December 3 1. However, the first report 

required under this section shall cover the period fiom the date of issuance of this Order through 

December 3 1,2008. This reporting requirement shall continue in force until such time as 

Respondent will have truthfully reported, in two consecutive timely filed reports, that it has no 

inventory of covered products in the United States. 

Within thirty (30) days of the last day of the reporting period, Respondent shall report to 

the Commission the quantity in units and the value in dollars of covered products that 

Respondent has imported or sold in the United States after importation during the reporting 

3 
period and the quantity in units and value in dollars of reported covered products that remain in 

inventory in the United States at the end of the reporting period. 

Any failure to make the required report or the filing of any false or inaccurate report shall 

constitute a violation of this Order, and the submission of a false or inaccurate report may be 

referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. 6 1001. 

VI. 

Record-keeping and Inspection 

(A) For the purpose of securing compliance with this Order, Respondent shall retain any 

and all records relating to the sale, offer for sale, marketing, or distribution in the United States 

of covered products, made and received in the usual and ordinary course of business, whether in 

detail or in summary form, for a period of three (3) years from the close of the fiscal year to 

which they pertain. 

(B) For the purpose of determining or securing compliance with this Order and for no 

other purpose, and subject to any privilege recognized by the federal courts of the United States, 

duly authorized representatives of the Commission, upon reasonable written notice by the 

Commission or its staff, shall be permitted access and the right to inspect and copy in 

Respondent's principal offices during office hours, and in the presence of counsel or other 

representatives if Respondent so chooses, all books, ledgers, accounts, correspondence, 

memoranda, and other records and documents, both in detail and in summary form as are 

required to be retained by subparagraph VI(A) of this Order. 

4 
Service of Cease and Desist Order 

Respondent is ordered and directed to: 

(A) Serve, within fifteen (1 5) days after the effective date of this Order, a copy of this 

Order upon each of its respective officers, directors, managing agents, agents, and employees 

who have any responsibility for the importation, marketing, distribution, or sale of imported 

covered products in the United States; 

(B) Serve, within fifteen (1 5) days after the succession of any persons referred to in 

subparagraph VII(A) of this Order, a copy of the Order upon each successor; and 

(C) Maintain such records as will show the name, title, and address of each person 

upon whom the Order has been served, as described in subparagraphs VII(A) and VII(B) of this 

Order, together with the date on which service was made. 

The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until 

the date of expiration of U.S. Patent No. 6,935,902. 

VIII. 

Confidentiality 

Any request for confidential treatment of information obtained by the Commission 

pursuant to Sections V and VI of this Order should be in accordance with Commission Rule 

201.6,19 C.F.R. 0 201.6. For all reports for which confidential treatment is sought, Respondent 

must provide a public version of such report with confidential information redacted. 

IX. 

5 
Enforcement 

Violation of this Order may result in any of the actions specified in section 2 10.75 of the 

Commission's Rules of Practice and Procedure, 19 C.F.R. 5 210.75, including an action for civil 

penalties in accordance with section 337(f) of the Tariff Act of 1930,19 U.S.C. tj 1337(f), and 

any other action as the Commission may deem appropriate. In determining whether Respondent 

is in violation of this Order, the Commission may infer facts adverse to Respondent if 

Respondent fails to provide adequate or timely information. 

X. 

Modification 

The Commission may amend this Order on its own motion or in accordance with the 

procedure described in section 2 10.76 of the Commission's Rules of Practice and Procedure, 19 

C.F.R. tj 210.76. 

XI. 

Bonding 

The conduct prohibited by Section III of this Order may be continued during the sixty 

(60) day period in which this Order is under review by the United States Trade Representative as 

delegated by the President, 70 Fed Reg 4325 1 (July 21,2005), subject to Respondent posting a 

bond of in the amount of 100% of entered value of the covered products. This bond provision 

does not apply to conduct that is otherwise permitted by Section IV of this Order. Covered 

products imported on or after the date of issuance of this order are subject to the entry bond as set 

forth in the limited exclusion order issued by the Commission, and are not subject to this bond 

provision. 

6 
The bond is to be posted in accordance with the procedures established by the 

Commission for the posting of bonds by complainants in connection with the issuance of 

temporary exclusion orders. See Commission Rule 210.68, 19 C.F.R. 5 210.68. The bond and 

any accompanying documentation is to be provided to and approved by the Commission prior to 

the commencement of conduct which is otherwise prohibited by Section III of this Order. 

The bond is to be forfeited in the event that the United States Trade Representative 

approves, or does not disapprove within the review period, this Order, unless the U.S. Court of 

Appeals for the Federal Circuit, in a final judgment, reverses any Commission final 

determination and order as to Respondent on appeal, or unless Respondent exports the products 

subject to this bond or destroy them and provides certification to that effect satisfactory to the 

Commission. 

The bond is to be released in the event the United States Trade Representative 

disapproves this Order and no subsequent order is issued by the Commission and approved, or 

not disapproved, by the United States Trade Representative, upon service on Respondent of an 

order issued by the Commission based upon application therefore made by Respondent to the 

Commission. 

By Order of the Commission. 

Marilyn R. &Jhtt 

Secretary to the Commission 

Issued: December 20,2007 

7 
UNITED STATES INTERNATIONAL TRADE COMMISSION 

Washington, D.C. 

In the Matter of 

CERTAIN COUPLER DEVICES FOR 

POWER SUPPLY FACILITIES, 

COMPONENTS THEREOF, AND 

PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-590 

ORDER TO CEASE AND DESIST 

IT IS HEREBY ORDERED THAT JPAC Computer, Inc. cease and desist from 

conducting any of the following activities in the United States: importing, selling, marketing, 

advertising, distributing, offering for sale, transferring (except for exportation), and soliciting 

U.S. agents or distributors for, coupler devices for power supply facilities, components thereof, 

or products containing same, that are covered by one or more of claims 1-14 of U.S. Patent No. 

6,935,902 ("the '902 patent"), in violation of section 337 of the Tariff Act of 1930, as amended, 

19 U.S.C. 5 1337. 

I. 

Definitions 

As used in this Order: 

(A) "Commission" shall mean the United States International Trade Commission. 

(B) "Complainant" shall mean Topower Computer Industrial Co., Ltd. of Taiwan. 

(C) "Respondent" means PAC Computer, Inc., 14422 Valley Blvd., City of Industry, 

CA 9 1746. 

(D) "Person" shall mean an individual, or any non-governmental partnership, firm, 
association, corporation, or other legal or business entity other than Respondent or its majority 

owned or controlled subsidiaries, successors, or assigns. 

(E) "United States" shall mean the fifty States, the District of Columbia, and Puerto 

Rico. 

(F) The terms "import" and "importation" refer to importation for entry for consumption 

under the Customs laws of the United States. 

(G) The term "covered products" shall mean coupler devices for power supply facilities, 

components thereof, or products containing same, that are covered by one or more of claims 1-14 

of the '902 patent. 

11. 

Applicability 

The provisions of this Cease and Desist Order shall apply to Respondent and to any of its 

principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled 

(whether by stock ownership or otherwise) and majority-owned business entities, successors, and 

assigns, and to each of them, insofar as they are engaging in conduct prohibited by Section III, 

infra, for, with, or otherwise on behalf of Respondent. 

111. 

Conduct Prohibited 

The following conduct of Respondent in the United States is prohibited by the Order. For 

the remaining term of the patent, Respondent shall not: 

(A) import or sell for importation into the United States covered products; 

(€3) market, distribute, offer for sale, sell, or otherwise transfer (except for exportation), in 

2 
the United States imported covered products; 

(C) advertise imported covered products; 

(D) solicit U.S. agents or distributors for imported covered products; or 

(E) aid or abet other entities in the importation, sale for importation, sale after 

importation, transfer, or distribution of covered products. 

IV. 

Conduct Permitted 

Notwithstanding any other provision of this Order, specific conduct otherwise prohibited 

by the terms of this Order shall be permitted if, in a written instrument, the owner of U.S. Patent 

No. 6,935,902 licenses or authorizes such specific conduct, or such specific conduct is 

related to the importation or sale of covered products by or for the United States. 

V. 

Reporting 

For purposes of this reporting requirement, the reporting periods shall commence on 

January 1 of each year and shall end on the subsequent December 3 1. However, the first report 

required under this section shall cover the period from the date of issuance of this Order through 

December 3 1 , 2008. This reporting requirement shall continue in force until such time as 

Respondent will have truthfully reported, in two consecutive timely filed reports, that it has no 

inventory of covered products in the United States. 

Within thirty (30) days of the last day of the reporting period, Respondent shall report to 

the Commission the quantity in units and the value in dollars of covered products that 

Respondent has imported or sold in the United States after importation during the reporting 

3 
period and the quantity in units and value in dollars of reported covered products that remain in 

inventory in the United States at the end of the reporting period. 

Any failure to make the required report or the filing of any false or inaccurate report shall 

constitute a violation of this Order, and the submission of a false or inaccurate report may be 

referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. tj 1001. 

VI. 

Record-keeping and Inspection 

(A) For the purpose of securing compliance with this Order, Respondent shall retain any 

and all records relating to the sale, offer for sale, marketing, or distribution in the United States 

of covered products, made and received in the usual and ordinary course of business, whether in 

detail or in summary form, for a period of three (3) years from the close of the fiscal year to 

which they pertain. 

(B) For the purpose of determining or securing compliance with this Order and for no 

other purpose, and subject to any privilege recognized by the federal courts of the United States, 

duly authorized representatives of the Commission, upon reasonable written notice by the 

Commission or its staff, shall be permitted access and the right to inspect and copy in 

Respondent's principal offices during office hours, and in the presence of counsel or other 

representatives if Respondent so chooses, all books, ledgers, accounts, correspondence, 

memoranda, and other records and documents, both in detail and in summary form as are 

required to be retained by subparagraph VI(A) of this Order. 

4 
VII. 

Service of Cease and Desist Order 

Respondent is ordered and directed to: 

(A) Serve, within fifteen (1 5) days after the effective date of this Order, a copy of this 

Order upon each of its respective officers, directors, managing agents, agents, and employees 

who have any responsibility for the importation, marketing, distribution, or sale of imported 

covered products in the United States; 

(B) Serve, within fifteen (1 5) days after the succession of any persons referred to in 

subparagraph VII(A) of this Order, a copy of the Order upon each successor; and 

(C) Maintain such records as will show the name, title, and address of each person 

upon whom the Order has been served, as described in subparagraphs VII(A) and VII(B) of this 

Order, together with the date on which service was made. 

The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until 

the date of expiration of U.S. Patent No. 6,935,902. 

VIII. 

Confidentiality 

Any request for confidential treatment of information obtained by the Commission 

pursuant to Sections V and VI of this Order should be in accordance with Commission Rule 

201.6, 19 C.F.R. 4 201.6. For all reports for which confidential treatment is sought, Respondent 

must provide a public version of such report with confidential information redacted. 

5 
IX. 

Enforcement 

Violation of this Order may result in any of the actions specified in section 210.75 of the 

Commission's Rules of Practice and Procedure, 19 C.F.R. 5 210.75, including an action for civil 

penalties in accordance with section 337(f) of the Tariff Act of 1930,19 U.S.C. 9 1337(f), and 

any other action as the Commission may deem appropriate. In determining whether Respondent 

is in violation of this Order, the Commission may infer facts adverse to Respondent if 

Respondent fails to provide adequate or timely information. 

X. 

Modification 

The Commission may amend this Order on its own motion or in accordance with the 

procedure described in section 2 10.76 of the Commission's Rules of Practice and Procedure, 19 

C.F.R. 9 210.76. 

XI. 

Bonding 

The conduct prohibited by Section III of this Order may be continued during the sixty 

(60) day period in which this Order is under review by the United States Trade Representative as 

delegated by the President, 70 Fed Reg 43251 (July 21,2005), subject to Respondent posting a 

bond of in the amount of 100% of entered value of the covered products. This bond provision 

does not apply to conduct that is otherwise permitted by Section IV of this Order. Covered 

products imported on or after the date of issuance of this order are subject to the entry bond as set 

forth in the limited exclusion order issued by the Commission, and are not subject to this bond 

6 
provision. 

The bond is to be posted in accordance with the procedures established by the 

Commission for the posting of bonds by complainants in connection with the issuance of 

temporary exclusion orders. See Commission Rule 210.68, 19 C.F.R. 0 210.68. The bond and 

any accompanying documentation is to be provided to and approved by the Commission prior to 

the commencement of conduct which is otherwise prohibited by Section III of this Order. 

The bond is to be forfeited in the event that the United States Trade Representative 

approves, or does not disapprove within the review period, this Order, unless the U.S. Court of 

Appeals for the Federal Circuit, in a final judgment, reverses any Commission final 

determination and order as to Respondent on appeal, or unless Respondent exports the products 

subject to this bond or destroy them and provides certification to that effect satisfactory to the 

Commission. 

The bond is to be released in the event the United States Trade Representative 

disapproves this Order and no subsequent order is issued by the Commission and approved, or 

not disapproved, by the United States Trade Representative, upon service on Respondent of an 

order issued by the Commission based upon application therefore made by Respondent to the 

Commission. 

By Order of the Commission. , 

Mad ynUAbbott 

Secretary to the Commission 

Issued: December 20,2007 

7 
UNITED STATES INTERNATIONAL TRADE COMMISSION 

Washington, D.C. 

In the Matter of 

CERTAIN COUPLER DEVICES FOR 

POWER SUPPLY FACILITIES, 

COMPONENTS THEREOF, AND 

PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-590 

ORDER TO CEASE AND DESIST 

IT IS HEREBY ORDERED THAT Sunbeam Company, 15339 Don Julian Road, City of 

Industry, CA 91745, cease and desist from conducting any of the following activities in the 

United States: importing, selling, marketing, advertising, distributing, offering for sale, 

transferring (except for exportation), and soliciting U.S. agents or distributors for, coupler 

devices for power supply facilities, components thereof, or products containing same, that are 

covered by one or more of claims 1-14 of U.S. Patent No. 6,935,902 ("the '902 patent"), in 

violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 5 1337. 

I. 

Definitions 

As used in this Order: 

(A) "Commission" shall mean the United States International Trade Commission. 

(B) "Complainant" shall mean Topower Computer Industrial Co., Ltd. of Taiwan. 

(C) "Respondent" means Sunbeam Company, 15339 Don Julian Road, City of Industry, 

CA 91745. 

(D) "Person" shall mean an individual, or any non-governmental partnership, firm, 
association, corporation, or other legal or business entity other than Respondent or its majority 

owned or controlled subsidiaries, successors, or assigns. 

(E) "United States" shall mean the fifty States, the District of Columbia, and Puerto 

Rico. 

(F) The terms "import" and "importation" refer to importation for entry for consumption 

under the Customs laws of the United States. 

(G) The term "covered products" shall mean coupler devices for power supply facilities, 

components thereof, or products containing same, that are covered by one or more of claims 1-14 

of the '902 patent. 

11. 

Applicability 

The provisions of this Cease and Desist Order shall apply to Respondent and to any of its 

principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled 

(whether by stock ownership or otherwise) and majority-owned business entities, successors, and 

assigns, and to each of them, insofar as they are engaging in conduct prohibited by Section III, 

infra, for, with, or otherwise on behalf of Respondent. 

111. 

Conduct Prohibited 

The following conduct of Respondent in the United States is prohibited by the Order. For 

the remaining term of the patent, Respondent shall not: 

(A) import or sell for importation into the United States covered products; 

(B) market, distribute, offer for sale, sell, or otherwise transfer (except for exportation), in 

2 
the United States imported covered products; 

(C) advertise imported covered products; 

(D) solicit U.S. agents or distributors for imported covered products; or 

(E) aid or abet other entities in the importation, sale for importation, sale after 

importation, transfer, or distribution of covered products. 

IV. 

Conduct Permitted 

Notwithstanding any other provision of this Order, specific conduct otherwise prohibited 

by the terms of this Order shall be permitted if, in a written instrument, the owner of U.S. Patent 

No. 6,935,902 licenses or authorizes such specific conduct, or such specific conduct is 

related to the importation or sale of covered products by or for the United States. 

V. 

Reporting 

For purposes of this reporting requirement, the reporting periods shall commence on 

January 1 of each year and shall end on the subsequent December 3 1. However, the first report 

required under this section shall cover the period from the date of issuance of this Order through 

December 3 1,2008. This reporting requirement shall continue in force until such time as 

Respondent will have truthfully reported, in two consecutive timely filed reports, that it has no 

inventory of covered products in the United States. 

Within thirty (30) days of the last day of the reporting period, Respondent shall report to 

the Commission the quantity in units and the value in dollars of covered products that 

Respondent has imported or sold in the United States after importation during the reporting 

3 
period and the quantity in units and value in dollars of reported covered products that remain in 

inventory in the United States at the end of the reporting period. 

Any failure to make the required report or the filing of any false or inaccurate report shall 

constitute a violation of this Order, and the submission of a false or inaccurate report may be 

referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. tj 1001. 

VI. 

Record-keeping and Inspection 

(A) For the purpose of securing compliance with this Order, Respondent shall retain any 

and all records relating to the sale, offer for sale, marketing, or distribution in the United States 

of covered products, made and received in the usual and ordinary course of business, whether in 

detail or in summary form, for a period of three (3) years fkom the close of the fiscal year to 

which they pertain. 

(B) For the purpose of determining or securing compliance with this Order and for no 

other purpose, and subject to any privilege recognized by the federal courts of the United States, 

duly authorized representatives of the Commission, upon reasonable written notice by the 

Commission or its stafc shall be permitted access and the right to inspect and copy in 

Respondent's principal offices during office hours, and in the presence of counsel or other 

representatives if Respondent so chooses, all books, ledgers, accounts, correspondence, 

memoranda, and other records and documents, both in detail and in summary form as are 

required to be retained by subparagraph VI(A) of this Order. 

4 
VII. 

Service of Cease and Desist Order 

Respondent is ordered and directed to: 

(A) Serve, within fifteen (1 5) days after the effective date of this Order, a copy of this 

Order upon each of its respective officers, directors, managing agents, agents, and employees 

who have any responsibility for the importation, marketing, distribution, or sale of imported 

covered products in the United States; 

(B) Serve, within fifteen (1 5) days after the succession of any persons referred to in 

subparagraph VII(A) of this Order, a copy of the Order upon each successor; and 

(C) Maintain such records as will show the name, title, and address of each person 

upon whom the Order has been served, as described in subparagraphs VII(A) and VII(B) of this 

Order, together with the date on which service was made. 

The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until 

the date of expiration of U.S. Patent No. 6,935,902. 

VIII. 

Confidentiality 

Any request for confidential treatment of information obtained by the Commission 

pursuant to Sections V and VI of this Order should be in accordance with Commission Rule 

201.6, 19 C.F.R. $201.6. For all reports for which confidential treatment is sought, Respondent 

must provide a public version of such report with confidential information redacted. 

5 
IX. 

Enforcement 

Violation of this Order may result in any of the actions specified in section 2 10.75 of the 

Commission's Rules of Practice and Procedure, 19 C.F.R. 5 210.75, including an action for civil 

penalties in accordance with section 337(f) of the Tariff Act of 1930,19 U.S.C. tj 1337(f), and 

any other action as the Commission may deem appropriate. In determining whether Respondent 

is in violation of this Order, the Commission may infer facts adverse to Respondent if 

Respondent fails to provide adequate or timely information. 

X. 

Modification 

The Commission may amend this Order on its own motion or in accordance with the 

procedure described in section 21 0.76 of the Commission's Rules of Practice and Procedure, 19 

C.F.R. 5 210.76. 

XI. 

Bonding 

The conduct prohibited by Section III of this Order may be continued during the sixty 

(60) day period in which this Order is under review by the United States Trade Representative as 

delegated by the President, 70 Fed Reg 4325 1 (July 21,2005), subject to Respondent posting a 

bond of in the amount of 100% of entered value of the covered products. This bond provision 

does not apply to conduct that is otherwise permitted by Section IV of this Order. Covered 

products imported on or after the date of issuance of this order are subject to the entry bond as set 

forth in the limited exclusion order issued by the Commission, and are not subject to this bond 

6 
provision. 

The bond is to be posted in accordance with the procedures established by the 

Commission for the posting of bonds by complainants in connection with the issuance of 

temporary exclusion orders. See Commission Rule 210.68, 19 C.F.R. § 210.68. The bond and 

any accompanying documentation is to be provided to and approved by the Commission prior to 

the commencement of conduct which is otherwise prohibited by Section 111 of this Order. 

The bond is to be forfeited in the event that the United States Trade Representative 

approves, or does not disapprove within the review period, this Order, unless the U.S. Court of 

Appeals for the Federal Circuit, in a final judgment, reverses any Commission final 

determination and order as to Respondent on appeal, or unless Respondent exports the products 

subject to this bond or destroy them and provides certification to that effect satisfactory to the 

Commission. 

The bond is to be released in the event the United States Trade Representative 

disapproves this Order and no subsequent order is issued by the Commission and approved, or 

not disapproved, by the United States Trade Representative, upon service on Respondent of an 

order issued by the Commission based upon application therefore made by Respondent to the 

Commission. 

By Order of the Commission. 

MarilySecretary o the Commission 

Issued: December 20,2007 

7 
UNITED STATES INTERNATIONAL TRADE COMMISSION 

Washington, D.C. 

In the Matter of 

CERTAIN COUPLER DEVICES FOR 

POWER SUPPLY FACILITIES, 

COMPONENTS THEREOF, AND 

PRODUCTS CONTAINING SAME 

Inv. No. 337-TA-590 

ORDER TO CEASE AND DESIST 

IT IS HEREBY ORDERED THAT Leadman Electronic Co., Ltd., 891 S. Azusa Ave. B6, City of Industry, CA 91748, cease and desist from conducting any of the following activities in 

the United States: importing, selling, marketing, advertising, distributing, offering for sale, 

transferring (except for exportation), and soliciting U.S. agents or distributors for, coupler 

devices for power supply facilities, components thereof, or products containing same, that are 

covered by one or more of claims 1-14 of U.S. Patent No. 6,935,902 ("the '902 patent"), in 

violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 5 1337. 

I. 

Definitions 

As used in this Order: 

(A) "Commission" shall mean the United States International Trade Commission. 

(B) "Complainant" shall mean Topower Computer Industrial Co., Ltd. of Taiwan. 

(C) "Respondent" means Leadman Electronic Co., Ltd., 891 S. Azusa Ave. B-6, City of 

Industry, CA 9 1748. 

@) "Person" shall mean an individual, or any non-governmental partnership, firm, 
association, corporation, or other legal or business entity other than Respondent or its majority 

owned or controlled subsidiaries, successors, or assigns. 

(E) "United States" shall mean the fifty States, the District of Columbia, and Puerto 

Rico. 

(F) The terms '5mport" and "importation" refer to importation for entry for consumption 

under the Customs laws of the United States. 

(G) The term "covered products" shall mean coupler devices for power supply facilities, 

components thereof, or products containing same, that are covered by one or more of claims 1-14 

of the '902 patent. 

11. 

Applicability 

The provisions of this Cease and Desist Order shall apply to Respondent and to any of its 

principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled 

(whether by stock ownership or otherwise) and majority-owned business entities, successors, and 

assigns, and to each of them, insofar as they are engaging in conduct prohibited by Section III, 

infra, for, with, or otherwise on behalf of Respondent. 

111. 

Conduct Prohibited 

The following conduct of Respondent in the United States is prohibited by the Order. For 

the remaining term of the patent, Respondent shall not: 

(A) import or sell for importation into the United States covered products; 

(B) market, distribute, offer for sale, sell, or otherwise transfer (except for exportation), in 

2 
the United States imported covered products; 

(C) advertise imported covered products; 

(D) solicit U.S. agents or distributors for imported covered products; or 

(E) aid or abet other entities in the importation, sale for importation, sale after 

importation, transfer, or distribution of covered products. 

IV. 

Conduct Permitted 

Notwithstanding any other provision of this Order, specific conduct otherwise prohibited 

by the terms of this Order shall be permitted if, in a written instrument, the owner of U.S. Patent 

No. 6,935,902 licenses or authorizes such specific conduct, or such specific conduct is 

related to the importation or sale of covered products by or for the United States. 

V. 

Reporting 

For purposes of this reporting requirement, the reporting periods shall commence on 

January 1 of each year and shall end on the subsequent December 3 1. However, the first report 

required under this section shall cover the period fiom the date of issuance of this Order through 

December 3 1 , 2008. This reporting requirement shall continue in force until such time as 

Respondent will have truthfully reported, in two consecutive timely filed reports, that it has no 

inventory of covered products in the United States. 

Within thirty (30) days of the last day of the reporting period, Respondent shall report to 

the Commission the quantity in units and the value in dollars of covered products that 

Respondent has imported or sold in the United States after importation during the reporting 

3 
period and the quantity in units and value in dollars of reported covered products that remain in 

inventory in the United States at the end of the reporting period. 

Any failure to make the required report or the filing of any false or inaccurate report shall 

constitute a violation of this Order, and the submission of a false or inaccurate report may be 

referred to the U.S. Department of Justice as a possible criminal violation of 18 U.S.C. 8 1001. 

VI. 

Record-keeping and Inspection 

(A) For the purpose of securing compliance with this Order, Respondent shall retain any 

and all records relating to the sale, offer for sale, marketing, or distribution in the United States 

of covered products, made and received in the usual and ordinary course of business, whether in 

detail or in summary form, for a period of three (3) years fiom the close of the fiscal year to 

which they pertain. 

(B) For the purpose of determining or securing compliance with this Order and for no 

other purpose, and subject to any privilege recognized by the federal courts of the United States, 

duly authorized representatives of the Commission, upon reasonable written notice by the 

Commission or its staff, shall be permitted access and the right to inspect and copy in 

Respondent's principal offices during office hours, and in the presence of counsel or other 

representatives if Respondent so chooses, all books, ledgers, accounts, correspondence, 

memoranda, and other records and documents, both in detail and in summary form as are 

required to be retained by subparagraph VI(A) of this Order. 

VII. 

4 
Service of Cease and Desist Order 

Respondent is ordered and directed to: 

(A) Serve, within fifteen (1 5) days after the effective date of this Order, a copy of this 

Order upon each of its respective officers, directors, managing agents, agents, and employees 

who have any responsibility for the importation, marketing, distribution, or sale of imported 

covered products in the United States; 

(B) Serve, within fifteen (1 5) days after the succession of any persons referred to in 

subparagraph VII(A) of this Order, a copy of the Order upon each successor; and 

(C) Maintain such records as will show the name, title, and address of each person 

upon whom the Order has been served, as described in subparagraphs VII(A) and VII(B) of this 

Order, together with the date on which service was made. 

The obligations set forth in subparagraphs VII(B) and VII(C) shall remain in effect until 

the date of expiration of U.S. Patent No. 6,935,902. 

VIII. 

Confidentiality 

Any request for confidential treatment of information obtained by the Commission 

pursuant to Sections V and VI of this Order should be in accordance with Commission Rule 

201.6, 19 C.F.R. 5 201.6. For all reports for which confidential treatment is sought, Respondent 

must provide a public version of such report with confidential information redacted. 

IX. 

5 
Enforcement 

Violation of this Order may result in any of the actions specified in section 2 10.75 of the 

Commission's Rules of Practice and Procedure, 19 C.F.R. 5 210.75, including an action for civil 

penalties in accordance with section 337(f) of the Tariff Act of 1930,19 U.S.C. tj 1337(f), and 

any other action as the Commission may deem appropriate. In determining whether Respondent 

is in violation of this Order, the Commission may infer facts adverse to Respondent if 

Respondent fails to provide adequate or timely information. 

X. 

Modification 

The Commission may amend this Order on its own motion or in accordance with the 

procedure described in section 210.76 of the Commission's Rules of Practice and Procedure, 19 

C.F.R. 9 210.76. 

XI. 

Bonding 

The conduct prohibited by Section III of this Order may be continued during the sixty 

(60) day period in which this Order is under review by the United States Trade Representative as 

delegated by the President, 70 Fed Reg 4325 1 (July 21,2005), subject to Respondent posting a 

bond of in the amount of 100% of entered value of the covered products. This bond provision 

does not apply to conduct that is otherwise permitted by Section IV of this Order. Covered 

products imported on or after the date of issuance of this order are subject to the entry bond as set 

forth in the limited exclusion order issued by the Commission, and are not subject to this bond 

provision. 

6 
The bond is to be posted in accordance with the procedures established by the 

Commission for the posting of bonds by complainants in connection with the issuance of 

temporary exclusion orders. See Commission Rule 210.68, 19 C.F.R. 6 210.68. The bond and 

any accompanying documentation is to be provided to and approved by the Commission prior to 

the commencement of conduct which is otherwise prohibited by Section III of this Order. 

The bond is to be forfeited in the event that the United States Trade Representative 

approves, or does not disapprove within the review period, this Order, unless the U.S. Court of 

Appeals for the Federal Circuit, in a final judgment, reverses any Commission final 

determination and order as to Respondent on appeal, or unless Respondent exports the products 

subject to this bond or destroy them and provides certification to that effect satisfactory to the 

Commission. 

The bond is to be released in the event the United States Trade Representative 

disapproves this Order and no subsequent order is issued by the Commission and approved, or 

not disapproved, by the United States Trade Representative, upon service on Respondent of an 

order issued by the Commission based upon application therefore made by Respondent to the 

Commission. 

By Order of the Commission. 

1Marilyn R. 

Secretary to Ke Commission 

Issued: December 20,2007 

7 
CERTAIN COUPLER DEVICES FOR POWER SUPPLY 337-TA-590 

FACILITIES, COMPONENTS THEREOF, AND PRODUCTS 

CONTAINING SAME 

CERTIFICATE OF SERVICE 

I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF COMMISSION 

ISSUANCE OF A LIMITED EXCULSION ORDER AGAINST THE INFRINGING 

PRODUCTS OF EIGHT RESPONDENTS FOUND IN DEFAULT AND ISSUANCE OF 

CEASE AND DESIST ORDERS AGAINST THE FIVE DOMESTIC DEFAULTERS; 

TERMINATION OF INVESTIGATION has been served by hand upon the Commission 

Investigative Attorney, Anne Goalwin, Esq., and the following parties as indicated, on 

December 20, 2007 

U.S. International Trade Commission 

500 E Street, SW 

Washington, DC 20436 

ON BEHALF OF COMPLAINANT TO POWER 

COMPUTER INDUSTRIAL CO.. LTD.: 

David Liebenvorth, Esq. 

Bernel Goldberg, Esq. 

Jared Van Kirk, Esq. 

GARVEY SCHUBERT BARER 

1 Sth Floor 

1 1 9 1 Second Avenue 

Seattle, Washington, 98101-2939 

P-206-464-3939 

Lizbeth R. Levinson, Esq. 

Ronald M. Wisla, Esq. 

GARVEY SCHUBERT BARER 

1000 Potomac Street, NW 

Washington, DC 20005 

P-202-298-253 8 

( ) Via Hand Delivery 

(N Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

()o Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 
Page 2 - Certificate of Service 

RESPONDENTS: 

XioxdAxpertec, Incorporated 

201 Lemon Creek Drive No. B 

Walnut, CA 91789 

Aspire/Apevia International Corporation 

2 1490 Ferrero Parkway 

City of Industry, CA 9 1789 

Leadman Electronic Co., Ltd. 

891 S Azusa Avenue, B-6 

City of Industry, CA 9 1748 

JPAC Computer, Inc. 

14422 Valley Blvd. 

City of Industry, CA 9 1746 

Sunbeam Company 

15339 Don Julian Road 

City of Industry, CA 91 745 

GOVERNMENT AGENCIES: 

Edward T. Hand, Chief 

Foreign Commerce Section 

Antitrust Division 

U.S. Department of Justice 

601 Street, NW, Room 10023 

Washington, DC 20530 

George F. McCray, Chief 

Intellectual Property Rights Branch 

U.S. Bureau of Customs and Border Protection 

Mint Annex Building 

1300 Pennsylvania Avenue, NW 

Washington, DC 20229 

( ) Via Hand Delivery 

o$ Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

(8 Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

(9 Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( 3 Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

&) Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

(N Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

I>o Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

2 
Page 3 - Certificate of Service 

Elizabeth Kraus, Deputy Director 

International Antitrust 

Federal Trade Commission 

600 Pennsylvania Avenue, Room 498 

Washington, DC 20580 

Richard Lambert, Esq. 

Office of General Counsel 

Dept. of Health & Human Services 

National Institutes of Health 

Building 3 1, Room 2B50 

9000 Rockville Pike 

Bethesda, MD 20892-21 11 

( ) Via Hand Delivery 

@ Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

yb. Via Overnight Mail 

( ) Via First Class Mail 

( )Other: 

3 

importation into the United States, the sale for importation, and the sale within the United States 

after importation of certain coupler devices for power supply facilities, components thereof, and 

products containing the same by reason of infringement of U.S. Patent No. 6,935,902. 

On August 6,2007, Topower filed a motion requesting an order directing respondents 

Aspire/Apevia International Corp., Ltd.; XiodAxpertec, Inc.; JPAC Computer, Inc., Sunbeam 

Co.; Super Flower Computer, Inc.; Taiwan Youngyear Electronics Co., Ltd.; Sun Pro Electronics 

Co., Ltd.; and Leadman Electronic Co., Ltd. (collectively, the “eight respondents”) to show cause 

why they should not be found in default for failure to respond to the complaint and Notice of 

Investigation. On August 30,2007, the ALJ issued Order No. 37, which ordered the eight 

respondents to show cause why they should not be found in default by September 14,2007. No 

responses to Order No. 37 were filed. 

On September 25,2007, the ALJ issued the subject ID, granting Topower’s motion because none 

of the eight respondents responded to Order No. 37. No petitions for review were filed. The 

Commission has determined not to review the subject ID. 

The eight respondents were the last remaining respondents in this investigation. The 

investigation has been terminated with respect to all other respondents based on settlement 

agreement, consent order, default, or withdrawal of allegations. 

Section 337(g)(1) and Commission Rule 210.16(c) authorize the Commission to order relief 

against a respondent found in default unless, after consideration of the public-interest factors, it 

finds that such relief should not issue. Topower has declared, pursuant to Commission Rule 

21 0.16(~)(2), that it does not seek a general exclusion order. 

In conjunction with the final disposition of this investigation, therefore, the Commission may: (1) 

issue an order that could result in the exclusion of articles manufactured or imported by any or all 

of the defaulting respondents; and/or (2) issue one or more cease and desist orders that could 

result in any or all of the defaulting respondents being required to cease and desist from engaging 

in unfair acts in the importation and sale of such articles. Accordingly, the Commission is 

interested in receiving written submissions that address the form of remedy, if any, that should be 

ordered. If a party seeks exclusion of an article from entry into the United States for purposes 

other than entry for consumption, the party should so indicate and provide information 

establishing that activities involving other types of entry either are adversely affecting it or likely 

to do so. For background, see In the Matter of Certain Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) (Commission 

Opinion). 

If the Commission contemplates some form of remedy, it must consider the effects of that 

remedy upon the public interest. The factors the Commission will consider include the effect 

that an exclusion order and/or cease and desist orders would have on (1) the public health and 

welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are 

like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. 

2 
The Commission is therefore interested in receiving written submissions that address the 

aforementioned public interest factors in the context of this investigation. 

If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by 

the President, has 60 days to approve or disapprove the Commission’s action. See Presidential 

Memorandum of July 21,2005,70 Fed. Reg. 43251 (July 26,2005). During this period, the 

subject articles would be entitled to enter the United States under bond, in an amount determined 

by the Commission and prescribed by the Secretary of the Treasury. The Commission is 

therefore interested in receiving submissions concerning the amount of the bond that should be 

imposed if a remedy is ordered. 

WRITTEN SUBMISSIONS: The parties to the investigation, interested government agencies, 

and any other interested parties, are encouraged to file written submissions on the issues of 

remedy, the public interest, and bonding. Complainants and the Commission investigative 

attorney are also requested to submit proposed remedial orders for the Commission’s 

consideration. Complainants are further requested to state the dates that the patents expire and 

the HTSUS numbers under which the accused products are imported. The written submissions 

and proposed remedial orders must be filed no later than close of business on November 8,2007. 

Reply submissions must be filed no later than the close of business on November 19,2007. No 

further submissions on these issues will be permitted unless otherwise ordered by the 

Commission. 

Persons filing written submissions must file the original document and 12 true copies thereof 

with the Office of the Secretary on or before the aforementioned deadlines. Any person desiring 

to submit a document to the Commission in confidence must request confidential treatment 

unless the information has already been granted such treatment during the proceedings. All such 

requests should be directed to the Secretary of the Commission and must include a full statement 

of the reasons why the Commission should grant such treatment. See 19 C.F.R. 0 210.6. 

Documents for which confidential treatment by the Commission is sought will be treated 

accordingly. All nonconfidential written submissions will be available for public inspection at 

the Office of the Secretary. 

. 

The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 

1930, as amended (19 U.S.C. 0 1337), and in section 210.16 and 210.42-46 of the Commission’s 

Rules of Practice and Procedure (19 C.F.R. $5 210. 

By order of the Commission. 

Acting Secretary to the Commission 

Issued: October 12,2007 

3 
CERTAIN COUPLER DEVICES FOR POWER SUPPLY 337-TA-590 

FACILITIES, COMPONENTS THEREOF, AND PRODUCTS 

CONTAINING SAME 

CERTIFICATE OF SERVICE 

I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF COMMISSION 

DECISION NOT TO REVIEW AN INITIAL DETERMINATION FINDING 

EIGHT RESPONDENTS IN DEFAULT; REQUEST FOR WRITTEN 

SUBMISSIONS ON REMEDY, THE PUBLIC INTEREST, AND BONDING has 

been served by hand upon the Commission Investigative Attorney, Anne Goalwin, Esq., and the 

following parties as indicated, on 101 IS107 

M&lyn R. Abbott, Secretary 

U.S. International Trade Commission 

500 E Street, SW 

Washington, DC 20436 

ON BEHALF OF COMPLAINANT TO POWER 

COMPUTER INDUSTRIAL CO., LTD.: 

David Liebenvorth, Esq. 

Bernel Goldberg, Esq. 

Jared Van Kirk, Esq. 

GARVEY SCHUBERT BARER 

1 8th Floor 

1 19 1 Second Avenue 

Seattle, Washington, 98101-2939 

P-206-464-3 93 9 

Lizbeth R. Levinson, Esq. 

Ronald M. Wisla, Esq. 

GARVEY SCHUBERT BARER 

1000 Potomac Street, NW 

Washington, DC 20005 

P-202-298-253 8 

( ) Via Hand Delivery 

Via Overnight Mail 

Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

(L)/Via First Class Mail 

( ) Other: 
Page 2 - Certificate of Service 

RESPONDENTS: 

XiodAxpertec, Inc. 

201 Lemon Creek Drive No. B 

Walnut, CA 91789 

Aspire/Apevia Int’l Corp. 

21490 Ferrero Pkwy. 

City of Industry, CA 91789 

Codegen Technology Co., Ltd. 

58 1 Yorbity Road 

City of Industry, CA 91 748 

Leadman Electronic Co., Ltd. 

891 S Azusa Ave. B-6 

City of Industry, CA 91 748 

Hipro Electronics Co., Ltd. 

I9937 Harrison Avenue 

City of Industry, CA 91789 

JPAC Computer, Inc. 

14422 Valley Blvd. 

City of Industry, CA 9 1746 

( ) Via Hand Delivery 

Via Overnight Mail 

Via First Class Mail 

( ) Other: 

( ) Via Hand Delivery 

Via Overnight Mail 

Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

Via Overnight Mail 

Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

Via Overnight Mail 

Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( Via Overnight Mail 

( d Via First Class Mail 

( ) Other: 

( ) Via Hand Delivery 

( ) Via Overnight Mail 

( &a First Class Mail 

( )Other: 

2 
Page 3 - Certificate of Service 

RESPONDENTS CONT’D: 

ASYS 

19941 Harrison Avenue 

City of Industry, CA 91789 

Sunbeam Company 

15339 Don Julian Rd 

City of Industry, CA 9 1745 

Super Flower Computer Inc. 

7 F1. No. 649-1, Chung-Cheng Rd. 

Hsinchuang City, Taipei Hsien 

Taiwan 

Taiwan Youngyear Electronics Co., Ltd. 

113, Lin Sen Rd., Taoyuan 

Taiwan 

Sun Pro Electronics Co., Ltd. 

No. 46, Luwei Village, Sanzing Industrial Area, 

Quingxi Town, Dongguan City 

Guangdon Province 

China 

( ) Via Hand Delivery 

Via Overnight Mail 

Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

Via Overnight Mail 

Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

( Via Overnight Mail 

( 3 Via First Class Mail 

( )Other: 

Via Hand Delivery 

Via Overnight Mail 

Via First Class Mail 

( )Other: 

( ) Via Hand Delivery 

Via Overnight Mail 

Via First Class Mail 

( ) Other: 

3 

respond to the Complaint and Notice of Investigation pursuant to Rule 21 0.16 of the Commission’s 

Rules of Practice and Procedure, 19 C.F.R. 0 21 0.16. No responses to Order No. 37 have been filed. 

Commission Rule 2 10.1 6 provides in pertinent part, as follows: 

A party shall be found in default if it fails to respond to the complaint and notice of 

investigation in the manner prescribed in $2 10.13 or 3 2 10.59(c), or otherwise fails 

to answer the complaint and notice, and fails to show cause why it should not be 

found in default.* 

The Commission’s Rules further provide that “[a] party found in default shall be deemed to have 

waived its right to appear, to be served with documents, and to contest the allegations at issue m the 

Accordingly, it is the INITIAL DETERMINATION of the Administrative Law Judge that 

Respondents AspireIApevia International Corp., Ltd., XiodAxpertec, Inc., JPAC Computer, Inc., 

Sunbeam Co., Super Flower Computer, Inc., Taiwan Youngyear Electronics Co., Ltd., Sun Pro 

Electronics Co., Ltd. and Leadman Electronic Co., Ltd. be found to be in default. Consequently, 

these Respondents have waived their right to appear, to be served with documents, and to contest 

the allegations at issue in the investigation. 

* 19 C.F.R. $ 210.16(a)(l). 

19 C.F.R. 0 210.16(b)(3). 

-2- 
Pursuant to 19 C.F.R. 5 21 0.42(h), this initial determination shall become the determination 

of the Commission unless a party files a petition for review of the initial determination pursuant to 

19 C.F.R. 5 21 0.43(a), or the Commission, pursuant to 19 C.F.R. 5 2 10.44, orders on its own motion 

a review of the initial determination or certain issues contained herein. 

SO ORDERED. 

Charles E. Bullock 

Administrative Law Judge 

-3- 
CERTAIN COUPLER DEVICES FOR POWER SUPPLY FACILITIES, COMPONENTS 

THEREOF, AND PRODUCTS CONTAINING SAME 

Inv. No. 337-TA- 590 

CERTIFICATE OF SERVICE 

I, Marilyn R. Abbott, hereby certify that the attached ORDER was served upon Rett Snotherly, 

Esq., Commission Investigative Attorney, and the following parties via first class mail and air mail 

where necessary on September 25 ,2007. 

U.S. International Trade Commission 

500 E Street, SW, Room 112A 

Washington, DC 20436 

FOR COMPLAINANT TOPOWER COMPUTER INDUSTRIAL CO., LTD. 

David Liebenvorth, Esq. 

Bernel Goldberg, Esq. 

GARVEY SCHUBERT BARER 

1 Sth Floor 

Seattle, WA 98101-2939 

' 1191 Second Avenue 

Lizbeth R. Levinson, Esq. 

Ronald M. Wisla, Esq. 

GARVEY SCHUBERT BARER 

1000 Potomac Street, NW 

Washington, DC 20005 

Tracy M. Heims, Esq. 

Kenichi Shibata, Esq. 

APEX JURIS, PLLC 

Lake City Center, Suite 410 

12360 Lake City Way Northeast 

Seattle, WA 98125 
CERTAIN COUPLER DEVICES FOR POWER SUPPLY FACILITIES, COMPONENTS 

THEREOF, AND PRODUCTS CONTAINING SAME 

Inv. No. 337-TA- 590 

RESPONDENTS 

XiodAxpertec, Inc. 

201 Lemon Creek Drive No. B 

Walnut, CA 91789 

Aspire/Apevia Int’l Corp. 

2 1490 Ferrero Pkwy. 

City of Industry, CA 91789 

JPAC Computer, Inc. 

14422 Valley Blvd. 

City of Industry, CA 91746 

Sunbeam Co. 

15339 Don Julian Rd., 

City of Industry, CA 91745-1034 

Super Flower Computer, Inc. 

7 Fl., No. 649-1, Chung-Cheng Rd. 

Hsinchuang City, Taipei Hsien 

Taiwan 

Sun Pro Electronics Co., Ltd. 

No. 46, Luwei Village, Sawing Industrial Area 

Quingxi Town, Dongguan City 

Guangdon Province, China 

Taiwan Youngyear Electronics Co., Ltd. 

113, Lin Sen Rd., Taoyuan 

Taiwan 

Leadman Electronic Co., Ltd 

891 S. Azusa Ave. B-6 

City of Industry, CA 91748 

Codegen Technology Co., Ltd. 

581 Yorbita Road 

City of Industry, CA 9 1748 
CERTAIN COUPLER DEVICES FOR POWER SUPPLY FACILITIES, COMPONENTS 

THEREOF, AND PRODUCTS CONTAINING SAME 

Inv. No. 337-TA- 590 

ASYS 

1994 1 Harrison Ave. 

City of Industry, CA 9 1789 

Logisys Computer, Inc. 

1962 West Holt Ave. 

Pomona, CA 9 1768 

PUBLIC MAILING LIST 

Sherry Robinson 

8891 Gander Creek Drive 

Miamisburg, OH 45342 

LEXIS - NEXIS 

Ronnita Green 

Thomson West 

1 100 Thirteen Street, NW, Suite 200 

Washington, DC 20005