[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Notices]
[Pages 59880-59881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29269]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-402]


Certain Integrated Circuits and Products Containing Same; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 30, 1997, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Fujitsu Limited, 6-1, Marunouchi 1-chome, Chiyoda-ku, Tokyo 
100, Japan, and Fujitsu Microelectronics, Inc., 3545 North First 
Street, San Jose, California 95134. A supplement to the complaint was 
filed on October 15, 1997. 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 integrated circuits and products containing same 
by reason of infringement of claims 1, 2, 3, 8, 9, and 10 of U.S. 
Letters Patent 4,641,166 and claims 1, 6, 14, 15, 18, 27, and 37 of 
U.S. Letters Patent B1 4,352,724. The complaint further alleges that 
there exists an industry in the United States as required by subsection 
(a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent 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, S.W., 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.

FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office 
of Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2576. General information concerning the Commission 
may also be obtained by accessing its internet server (<a href="http://
www.usitc.gov">http://
www.usitc.gov</a> or ftp://ftp.usitc.gov).

    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 C.F.R. 210.10 (1997).

[[Page 59881]]

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on September 29, 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 integrated 
circuits or products containing same by reason of infringement of 
claims 1, 2, 3, 8, 9, or 10 of U.S. Letters Patent 4,641,166 or claims 
1, 6, 14, 15, 18, 27, or 37 of U.S. Letters Patent B1 4,352,724, 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 complainants are:

Fujitsu Limited, 6-1, Marunouchi 1-chome, Chiyoda-ku, Tokyo 100, Japan
Fujitsu Microelectronics, Inc., 3545 North First Street, San Jose, 
California 95134.

    (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:

Samsung Electronics Co., Ltd., Samsung Main Building 250, 2-Ka, 
Taepyung-Ro, Chung-Ku, Seoul, 100-742 Korea
Samsung Semiconductor, Inc., 3655 North First Street, San Jose, 
California 95134.

    (c) Smith R. Brittingham IV, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Room 401-M, Washington, D.C. 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern 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 section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 C.F.R. 210.13. 
Pursuant to 19 C.F.R. 201.16(d) and 210.13(a) of the Commission's 
Rules, 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 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: October 30, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary,
[FR Doc. 97-29269 Filed 11-4-97; 8:45 am]
BILLING CODE 7020-02-P