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)

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, 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.

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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