[Federal Register Volume 63, Number 147 (Friday, July 31, 1998)]
[Notices]
[Pages 40932-40933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20512]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-412]


Certain Video Graphics Display Controllers 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 compliant was filed with the 
U.S. International Trade Commission on July 1, 1998, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Cirrus Logic, Inc., 3100 West Warren Avenue, Fremont, California 94538. 
The complaint alleges violations of section 337 in the importation into 
the United States, the sale for importation and the sale within the 
United States after importation of certain video graphics display 
controllers and products containing same by reason of infringement of 
claims 37 and 43 of U.S. Letters Patent 5,598,525. The complaint 
further alleges that there exists an industry in the United States as 
required by subsection (a)(2) of section 337.
    The complaint requests that the Commission institute an 
investigation and, after a hearing, 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, 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. General information concerning the Commission may also be 
obtained by accessing its Internet server (http://www.usitc. gov).

FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, 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 (1996).

SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on July 27, 1998, 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 
important into the United States, the sale for importation, or the sale 
within the United States after importation of certain video graphics 
display controllers or products containing same by reason of 
infringement of claims 37 or 43 of U.S. Letter Patent 5,598,525, and 
whether there exists an industry in the United States as required by 
subsection (a)(2) of section 337.

[[Page 40933]]

    (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--Cirrus Logic, Inc., 3100 West Warren 
Avenue, Fremont, CA 94538.
    (b) The respondent is the following company alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: ATI Technologies, Inc., 33 Commerce Valley Drive East, 
Thornhill, Ontario, Canada L3T 7N6.
    (c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Debra 
Morriss is designated as the presiding Administrative Law Judge.
    A response to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR Sec. 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a) of the Commission's Rules, 
such a response 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 a response 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 
the respondent.

    Issued: July 28, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-20512 Filed 7-30-98; 8:45 am]
BILLING CODE 7020-02-M