[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Notices]
[Pages 45445-45446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22787]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-401]


Certain CD-ROM Controllers and Products Containing Same; Notice 
of Investigation

AGENCY: International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 21, 1997, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Oak 
Technology, Inc., 139 Kifer Court, Sunnyvale, CA 94086. On August 1, 
1997, Oak filed a notice of withdrawal as to certain proposed 
respondents. On August 7, 1997, Oak filed a letter and a supplement to 
the complaint. The complaint, as supplemented, 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 CD-ROM controllers and products containing same by reason of 
infringement of claim 8 of U.S. Letters Patent 5,535,327 and claims 1-5 
and 8-10 of U.S. Letters Patent 5,581,715. The complaint further 
alleges that there exists an industry in the United States as required 
by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint, 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.

FOR FURTHER INFORMATION CONTACT: Thomas L. Jarvis, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2568.

    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 (1997).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 19, 1997, 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 CD-ROM 
controllers and products containing same by reason of infringement of 
claim 8 of U.S. Letters Patent 5,535,327 or claims 1-5 or 8-10 of U.S. 
Letters Patent 5,581,715, and whether there exists an industry in the 
United States 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--

Oak Technology, Inc., 139 Kifer Court, Sunnyvale, CA 94086

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Winbond Electronics Corporation, No. 4 Creation Rd. 3, Science-Based 
Industrial Park, Hsinchu, Taiwan
Winbond Electronics North America Corporation, 2730 Orchard Parkway, 
San Jose, CA 95134
Wearnes Technology (Private) Ltd., 801, Lor 7 Toa Payoh #07-00, 
Singapore SG-319319
Wearnes Electronics Malaysia Sendirian Berhad, No. 99, Jalan Parit 
Mesjid, 82000 Pontian, Johor, Malaysia

    (c) Thomas L. Jarvis, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW, Room 401-J, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris is designated as the presiding administrative law judge.
    Responses to the 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

[[Page 45446]]

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 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 both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: August 20, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-22787 Filed 8-26-97; 8:45 am]
BILLING CODE 7020-02-P