80 FR 57641 - Certain Silicon-on-Insulator Wafers; Notice of Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 185 (September 24, 2015)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 19, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Silicon Genesis Corp. (``Complainant'' or ``SiGen''). An amended complaint was filed on September 8, 2015. The complaint, as amended, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and/or the sale within the United States after importation of certain silicon-on-insulator wafers by reason of infringement of certain claims of U.S. Patent Nos. 5,985,742 (``the '742 patent''); 6,013,563 (``the '563 patent''); 6,103,599 (``the '599 patent''); 6,162,705 (``the '705 patent''); 6,180,496 (``the '496 patent''); 6,294,814 (``the '814 patent''); 6,790,747 (``the '747 patent''); and 7,811,901 (``the '901 patent''). The amended 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 a limited exclusion order and a cease and desist order.

[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57641-57642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24222]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-966]


Certain Silicon-on-Insulator Wafers; Notice of Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 19, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Silicon Genesis Corp. (``Complainant'' or ``SiGen''). An amended 
complaint was filed on September 8, 2015. The complaint, as amended, 
alleges violations of section 337 based upon the importation into the 
United States, the sale for importation, and/or the sale within the 
United States after importation of certain silicon-on-insulator wafers 
by reason of infringement of certain claims of U.S. Patent Nos. 
5,985,742 (``the '742 patent''); 6,013,563 (``the '563 patent''); 
6,103,599 (``the '599 patent''); 6,162,705 (``the '705 patent''); 
6,180,496 (``the '496 patent''); 6,294,814 (``the '814 patent''); 
6,790,747 (``the '747 patent''); and 7,811,901 (``the '901 patent''). 
The amended 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 a limited exclusion 
order and a cease and desist order.

ADDRESSES: The amended 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: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.
    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 (2015).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 17, 2015, 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 silicon-on-
insulator wafers by reason of infringement of one or more of claims 1-
12, 14, and 18-20 of the '742 patent; claims 1-10, 12, 13, 17, 18, 21, 
22, 24, 28-30, 34, 37, 38, 40, 41, and 44-46 of the '563 patent; claims 
1-8, 10-22, and 24-28 of the '599 patent; claims 1-12, 20-22, 25-28, 
32, 33, 36-39, 43-48, 51, and 52 of the '705 patent; claims 1-3, 5, and 
6 of the '496 patent; claims 1-3 and 5 of the '814 patent; claims 1, 2, 
9, 15, and 21 of the '717 patent; and claims 1, 2, 4, 6, 7, 9, 13, 18, 
19, and 21 of the '901 patent, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(l), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(l), 
(f)(1), (g)(l);
    (3) 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: Silicon Genesis Corp., 1980 Senter Road, 
San Jose, California 95112.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Soitec S.A., Parc Technologique des Fontaines, Chemin des 
Franques, 38190 Bernin, France.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the 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 respondent 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(e) and 210.13(a), such

[[Page 57642]]

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 the 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: September 18, 2015.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-24222 Filed 9-23-15; 8:45 am]
BILLING CODE 7020-02-P