81 FR 69853 - Certain Memory Modules and Components Thereof, and Products Containing Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range		69853-69854
FR Document		2016-24247

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 1, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Netlist, Inc. of Irvine, California. Supplements to the Complaint were filed on September 22, 2016 and September 23, 2016. The complaint 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 memory modules and components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,756,364 (``the '364 patent''); U.S. Patent No. 8,516,185 (``the '185 patent''); U.S. Patent No. 8,001,434 (``the '434 patent''); U.S. Patent 8,359,501 (``the '501 patent''); U.S. Patent No. 8,689,064 (``the '064 patent''); and U.S. Patent 8,489,837 (``the '837 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established 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 cease and desist orders.

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)

[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69853-69854]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24247]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1023]


Certain Memory Modules and Components Thereof, and Products 
Containing Same; 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 September 1, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Netlist, Inc. of Irvine, California. Supplements to the Complaint were 
filed on September 22, 2016 and September 23, 2016. The complaint 
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 memory modules and components 
thereof, and products containing same by reason of infringement of 
certain claims of U.S. Patent No. 8,756,364 (``the '364 patent''); U.S. 
Patent No. 8,516,185 (``the '185 patent''); U.S. Patent No. 8,001,434 
(``the '434 patent''); U.S. Patent 8,359,501 (``the '501 patent''); 
U.S. Patent No. 8,689,064 (``the '064 patent''); and U.S. Patent 
8,489,837 (``the '837 patent''). The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established 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 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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

SUPPLEMENTARY INFORMATION: 

    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 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 30, 2016, 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 memory 
modules and components thereof, and products

[[Page 69854]]

containing same by reason of infringement of one or more of claims 1-4, 
6, 7, 10, 13, 17, and 23 of the '364 patent; claims 1-3, 7, 8, and 10-
12 of the '185 patent; claims 2, 3, and 5-7 of the '434 patent; claim 4 
of the '501 patent; claim 16 of the '064 patent; and claims 1-3, 5, and 
6 of the '837 patent, and whether an industry in the United States 
exists or is in the process of being established as required by 
subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or 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)(1), 
(f)(1), (g)(1);
    (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:

Netlist, Inc., 175 Technology Drive, Suite 150, Irvine, CA 92618

    (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:

SK hynix Inc., 2091, Gyeongchung-daero, Bubal-eub, Icheon-si, Gyeonggi-
do, Republic of Korea
SK hynix America Inc., 3101 N. First Street, San Jose, CA 95134
SK hynix memory solutions Inc., 3103 N. First Street, San Jose, CA 
95134

    (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 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(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.

    By order of the Commission.

     Issued: October 3, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-24247 Filed 10-6-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices 69853

magnitudes to reduce sediment Locations To Inspect Copies of the FEIS infringement of certain claims of U.S.
transport and erosion given the reduced Compact disc copies of the FEIS are Patent No. 8,756,364 (‘‘the ’364 patent’’);
sand supply downstream of the dam. available for public inspection at the U.S. Patent No. 8,516,185 (‘‘the ’185
Peak flows would be provided in May following locations: patent’’); U.S. Patent No. 8,001,434 (‘‘the
and June, which corresponds well with • J. Willard Marriott Library, ’434 patent’’); U.S. Patent 8,359,501
the timing of the pre-dam peak. The University of Utah, 295 South 1500 East, (‘‘the ’501 patent’’); U.S. Patent No.
overall peak flow in an 8.23 maf year 8,689,064 (‘‘the ’064 patent’’); and U.S.
Salt Lake City, Utah 84112.
would be 20,000 cfs (scaled Patent 8,489,837 (‘‘the ’837 patent’’).
• Cline Library, Northern Arizona
proportionately in drier and wetter The complaint further alleges that an
University, 1001 S. Knoles Drive,
years), and would include a 24 hour industry in the United States exists or
Flagstaff, Arizona 86011–6022.
45,000 cfs flow at the beginning of the is in the process of being established as
• Burton Barr Central Library, 1221
spring peak period (e.g., on May 1) if required by subsection (a)(2) of section
North Central Avenue, Phoenix, Arizona
there was no triggered spring HFE in 337.
85004.
same year, and a 168 hour (7 day) The complainant requests that the
• Page Public Library, 479 South Lake
25,000 cfs flow at the end of June. Commission institute an investigation
Powell Boulevard, Page, Arizona 86040.
Following this peak, there would be a and, after the investigation, issue a
rapid drop to the summer base flow. • Grand County Library, Moab
Branch, 257 East Center Street, Moab, limited exclusion order and cease and
The initial annual 45,000 cfs flow desist orders.
would serve to store sediment above the Utah 84532.
flows of the remainder of the peak, thus • Sunrise Library, 5400 East Harris ADDRESSES: The complaint, except for
Avenue, Las Vegas, Nevada 89110. any confidential information contained
limiting sand transport further
downstream and helping to conserve • Denver Public Library, 10 West 14th therein, is available for inspection
Avenue Parkway, Denver, Colorado during official business hours (8:45 a.m.
sandbars. The variability in flows to 5:15 p.m.) in the Office of the
within the peak would also serve to 80204.
water higher elevation vegetation. There • Natural Resources Library, U.S. Secretary, U.S. International Trade
Department of the Interior, 1849 C Street Commission, 500 E Street SW., Room
would be no within-day fluctuations in 112, Washington, DC 20436, telephone
flow under Alternative F. NW., Main Interior Building,
Washington, DC 20240–0001. (202) 205–2000. Hearing impaired
Low base flows would be provided
individuals are advised that information
from July through January. These low Dated: October 3, 2016.
flows would provide for warmer water on this matter can be obtained by
Thomas M. Iseman, contacting the Commission’s TDD
temperatures, especially in years when Principal Deputy Assistant Secretary, Water
releases are warm, and would also serve terminal on (202) 205–1810. Persons
and Science. with mobility impairments who will
to reduce overall sand transport during Michael J. Bean,
the remainder of the year. need special assistance in gaining access
Principal Deputy Assistant Secretary, Fish to the Commission should contact the
Other than testing the effectiveness of and Wildlife and Parks.
sediment-triggered HFEs, which would Office of the Secretary at (202) 205–
[FR Doc. 2016–24338 Filed 10–6–16; 8:45 am] 2000. General information concerning
continue through the entire LTEMP
period, there would be no explicit BILLING CODE 4332–90–P; 4312–CB–P the Commission may also be obtained
experimental or condition-dependent by accessing its internet server at
triggered actions under Alternative F. https://www.usitc.gov. The public
INTERNATIONAL TRADE record for this investigation may be
Alternative G COMMISSION viewed on the Commission’s electronic
The objective of Alternative G is to docket (EDIS) at https://edis.usitc.gov.
[Investigation No. 337–TA–1023]
maximize the conservation of sediment, FOR FURTHER INFORMATION CONTACT: The
in order to maintain and increase Certain Memory Modules and Office of Unfair Import Investigations,
sandbar size. Under Alternative G, flows Components Thereof, and Products U.S. International Trade Commission,
would be delivered in a steady pattern Containing Same; Institution of telephone (202) 205–2560.
throughout the year with no monthly Investigation SUPPLEMENTARY INFORMATION:
differences in flow other than those
needed to adjust operations in response AGENCY: U.S. International Trade Authority: The authority for institution of
this investigation is contained in section 337
to changes in forecast and other Commission of the Tariff Act of 1930, as amended, and
operating requirements such as ACTION: Notice. in section 210.10 of the Commission’s Rules
equalization. In an 8.23 maf year, steady of Practice and Procedure, 19 CFR 210.10
flow would be approximately 11,400 SUMMARY: Notice is hereby given that a (2016).
cfs. complaint was filed with the U.S.
Experimentation under Alternative G International Trade Commission on Scope of Investigation: Having
includes testing the effects of the September 1, 2016, under section 337 of considered the complaint, the U.S.
following actions: (1) Sediment- the Tariff Act of 1930, as amended, 19 International Trade Commission, on
triggered spring and fall HFEs through U.S.C. 1337, on behalf of Netlist, Inc. of September 30, 2016, ordered that—
the entire 20-year LTEMP period, (2) 24- Irvine, California. Supplements to the (1) Pursuant to subsection (b) of
hour proactive spring HFEs in high Complaint were filed on September 22, section 337 of the Tariff Act of 1930, as
volume years (≥10 maf release volume), 2016 and September 23, 2016. The amended, an investigation be instituted
mstockstill on DSK3G9T082PROD with NOTICES

(3) extension of the duration of up to complaint alleges violations of section to determine whether there is a
45,000 cfs fall HFEs for as many as 250 337 based upon the importation into the violation of subsection (a)(1)(B) of
hours depending on sediment United States, the sale for importation, section 337 in the importation into the
availability, (4) mechanical removal of and the sale within the United States United States, the sale for importation,
trout near the Little Colorado River after importation of certain memory or the sale within the United States after
confluence, and (5) trout management modules and components thereof, and importation of certain memory modules
flows. products containing same by reason of and components thereof, and products

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69854 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices

containing same by reason of investigation will not be granted unless proposed Consent Decree Modification
infringement of one or more of claims good cause therefor is shown. would modify the Consent Decree by
1–4, 6, 7, 10, 13, 17, and 23 of the ’364 Failure of a respondent to file a timely requiring TESI to achieve compliance
patent; claims 1–3, 7, 8, and 10–12 of response to each allegation in the with the requirements of the Clean
the ’185 patent; claims 2, 3, and 5–7 of complaint and in this notice may be Water Act and the applicable discharge
the ’434 patent; claim 4 of the ’501 deemed to constitute a waiver of the permits by implementing additional
patent; claim 16 of the ’064 patent; and right to appear and contest the compliance measures. The Modified
claims 1–3, 5, and 6 of the ’837 patent, allegations of the complaint and this Consent Decree also specifies
and whether an industry in the United notice, and to authorize the procedures and a schedule pursuant to
States exists or is in the process of being administrative law judge and the which TESI, after it implements the
established as required by subsection Commission, without further notice to additional compliance measures, will
(a)(2) of section 337; the respondent, to find the facts to be as request removal of STPs from the
(2) Pursuant to Commission Rule alleged in the complaint and this notice Modified Consent Decree. Finally, the
210.50(b)(1), 19 CFR 210.50(b)(1), the and to enter an initial determination proposed Consent Decree Modification
presiding administrative law judge shall and a final determination containing would revised the stipulated penalty
take evidence or other information and such findings, and may result in the
provisions.
hear arguments from the parties or other issuance of an exclusion order or a cease
interested persons with respect to the and desist order or both directed against The publication of this notice opens
public interest in this investigation, as the respondent. a period for public comment on the
appropriate, and provide the By order of the Commission.
proposed Consent Decree Modification.
Commission with findings of fact and a Comments should be addressed to the
Issued: October 3, 2016.
recommended determination on this Assistant Attorney General,
Lisa R. Barton,
issue, which shall be limited to the Environment and Natural Resources
Secretary to the Commission. Division, and should refer to United
statutory public interest factors set forth
[FR Doc. 2016–24247 Filed 10–6–16; 8:45 am] States and the State of Louisiana v.
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
(3) For the purpose of the BILLING CODE 7020–02–P Acadia Woods Add. #2 Sewer Co., D.J.
investigation so instituted, the following Ref. No. 90–5–1–1–4375. All comments
are hereby named as parties upon which must be submitted no later than thirty
this notice of investigation shall be DEPARTMENT OF JUSTICE (30) days after the publication date of
served: this notice. Comments may be
Notice of Lodging of Proposed
(a) The complainant is: submitted either by email or by mail:
Agreement and Order Regarding
Netlist, Inc., 175 Technology Drive, Modification of the Consent Decree
Suite 150, Irvine, CA 92618 To submit
With Respect to TESI Under the Clean Send them to:
comments:
(b) The respondents are the following Water Act
entities alleged to be in violation of By email ....... pubcomment-ees.enrd@
section 337, and are the parties upon On September 30, 2016, the usdoj.gov.
which the complaint is to be served: Department of Justice lodged a proposed By mail ......... Assistant Attorney General,
Agreement and Order Regarding U.S. DOJ—ENRD,
SK hynix Inc., 2091, Gyeongchung- Modification of the Consent Decree With P.O. Box 7611,
daero, Bubal-eub, Icheon-si, Respect to TESI (‘‘Consent Decree Washington, DC 20044–7611.
Gyeonggi-do, Republic of Korea Modification’’) with the United States
SK hynix America Inc., 3101 N. First District Court for the Western District of
Street, San Jose, CA 95134 During the public comment period,
Louisiana in the lawsuit entitled United the proposed Consent Decree
SK hynix memory solutions Inc., 3103 States and the State of Louisiana v.
N. First Street, San Jose, CA 95134 Modification may be examined and
Acadia Woods Add. #2 Sewer Co., et al.,
downloaded at this Justice Department
(c) The Office of Unfair Import Civil Action No. 6:98–cv–0687.
Investigations, U.S. International Trade Web site: https://www.justice.gov/enrd/
In its Second Amended Complaint,
Commission, 500 E Street SW., Suite consent-decrees. We will provide a
the United States alleged claims related
401, Washington, DC 20436; and paper copy of the proposed Consent
to violations of the Clean Water Act and
(4) For the investigation so instituted, applicable discharge permits at sewage Decree Modification upon written
the Chief Administrative Law Judge, treatment plants in Louisiana owned request and payment of reproduction
U.S. International Trade Commission, and operated by Johnson Properties, Inc. costs. Please mail your request and
shall designate the presiding and its subsidiaries. Subsequently, the payment to: Consent Decree Library,
Administrative Law Judge. sewage treatment plants were sold to U.S. DOJ—ENRD, P.O. Box 7611,
Responses to the complaint and the Intervening Defendant Total Washington, DC 20044–7611.
notice of investigation must be Environmental Solutions, Inc. (‘‘TESI’’). Please enclose a check or money order
submitted by the named respondents in The United States, Louisiana, and TESI for $62.75 (25 cents per page
accordance with section 210.13 of the agreed to the Consent Decree with reproduction cost) payable to the United
Commission’s Rules of Practice and Respect to TESI (‘‘the Consent Decree’’) States Treasury. For a paper copy of the
Procedure, 19 CFR 210.13. Pursuant to which was entered by the Court on proposed Consent Decree Modification
19 CFR 201.16(e) and 210.13(a), such December 21, 2000. In the Consent without appendices, the cost is $8.75.
mstockstill on DSK3G9T082PROD with NOTICES

responses will be considered by the Decree, TESI committed to operate the
Commission if received not later than 20 sewage treatment plants without service Thomas P. Carroll,
days after the date of service by the interruption and implement compliance Assistant Section Chief, Environmental
Commission of the complaint and the measures intended to cause the sewage Enforcement Section, Environment and
notice of investigation. Extensions of treatment plants to achieve compliance Natural Resources Division.
time for submitting responses to the with the requirements of the CWA and [FR Doc. 2016–24258 Filed 10–6–16; 8:45 am]
complaint and the notice of the applicable discharge permits. The BILLING CODE 4410–15–P

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Document Created: 2018-02-13 16:32:15
Document Modified: 2018-02-13 16:32:15

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		81 FR 69853