71736 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices 

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: November 18, 2010. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–29552 Filed 11–23–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–748] 

In the Matter of: Certain Data Storage 

Products and Components Thereof; 

Notice of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

October 20, 2010, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Data Network 

Storage, LLC of Newport Beach, 

California. A supplement to the 

complaint was filed on November 10, 

2010. The complaint as supplemented 

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 data storage 

products and components thereof by 

reason of infringement of certain claims 

of U.S. Patent No. 6,098,128 (‘‘the ‘128 

patent’’). 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 an 

exclusion order and cease and desist 

orders. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, is available for inspection 

during official business hours (8:45 a.m. 

to 5:15 p.m.) in the Office of the 

Secretary, U.S. International Trade 

Commission, 500 E Street, SW., Room 

112, Washington, DC 20436, telephone 

202–205–2000. Hearing impaired 

individuals are advised that information 

on this matter can be obtained by 

contacting the Commission’s TDD 

terminal on 202–205–1810. Persons 

with mobility impairments who will 

need special assistance in gaining access 

to the Commission should contact the 

Office of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at http:// 

www.usitc.gov. The public record for 

this investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey T. Hsu, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, telephone (202) 

205–2571. 

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 

(2010). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

November 17, 2010, 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 data storage 

products and components thereof that 

infringe one or more of claims 1–8 of the 

‘128 patent, 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: Data Network 

Storage, LLC, 500 Newport Center Drive, 

7th Floor, Newport Beach, CA 92660. 

(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: 

NetApp, Inc., 495 East Java Drive, 

Sunnyvale, CA 94089. 

Dell, Inc., One Dell Way, Round Rock, 

TX 78682. 

Xyratex, Ltd., 46831 Lakeview Blvd., 

Fremont, CA 94538. 

Xyratex International Inc., 855 Riverside 

Parkway, Suite 40, West Sacramento, 

CA 95605. 

Xyratex (Malaysia) Sdn Bhd, No. C–7– 

2 (Level 2) Bay Avenue, Lorong Bayan 

Indah 3, 1900 Penang, Malaysia. 

Dot Hill Systems Corp., 1351 S. Sunset 

Street, Longmont, CO 80501. 

International Business Machines 

Corporation, One New Orchard Road, 

Armonk, NY 10504. 

Cisco Systems, Inc., 170 West Tasman 

Drive, San Jose, CA 95134. 

QNAP Systems, Inc., 166 University 

Parkway, Pomona, CA 91768. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Jeffrey T. Hsu, 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, 

the Honorable 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)–(e) 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: November 18, 2010. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–29554 Filed 11–23–10; 8:45 am] 

BILLING CODE 7020–02–P 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES