82 FR 17687 - Certain Non-Volatile Memory Devices and Products Containing Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range		17687-17688
FR Document		2017-07319

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 7, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Macronix International Co., Ltd. of Taiwan and Macronix America, Inc. of Milpitas, California. Supplements to the Complaint were filed on March 16, 2017. 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 non- volatile memory devices and products containing same by reason of infringement of certain claims of U.S. Patent No. 6,552,360 (``the '360 patent''); U.S. Patent No. 6,788,602 (``the '602 patent''); and U.S. Patent No. 8,035,417 (``the '417 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)

[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17687-17688]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07319]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1046]


Certain Non-Volatile Memory Devices and Products Containing Same; 
Institution of Investigation

AGENCY: International Trade Commission (ITC).

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 7, 2017, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Macronix 
International Co., Ltd. of Taiwan and Macronix America, Inc. of 
Milpitas, California. Supplements to the Complaint were filed on March 
16, 2017. 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 non-
volatile memory devices and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 6,552,360 (``the '360 
patent''); U.S. Patent No. 6,788,602 (``the '602 patent''); and U.S. 
Patent No. 8,035,417 (``the '417 patent''). The complaint further 
alleges that an industry in the United States exists or is in the 
process of being established as required by the applicable Federal 
Statute.
    The complainants request 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.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2017).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 6, 2017, 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 non-volatile 
memory devices and products containing same by reason of infringement 
of one or more of claims 1-8 of the '360 patent; claims 1-12 and 16 of 
the '602 patent; and claims 1-7, 11-16, and 18 of the '417 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) 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:
Macronix International Co., Ltd., No. 16, Li-Hsin Road, Science Park, 
Hsin-chu, Taiwan
Macronix America, Inc., 680 North McCarthy Boulevard, Suite 200, 
Milpitas, CA 95035

    (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:

Toshiba Corporation, Shibaura 1-Chome Minato-ku, Tokyo 105-8001, Japan
Toshiba America, Inc., 1251 Avenue of the Americas Suite 4110, New 
York, NY 10020
Toshiba America Electronic Components, Inc., 9740 Irvine Boulevard 
Suite D700, Irvine, CA 92618
Toshiba America Information Systems, Inc., Digital Products Division, 
9740 Irvine Boulevard, Irvine, CA 92618
Toshiba Information Equipment (Philippines), Inc., 103 East Main Avenue 
Ext., Special Export Processing Zone, Laguna Technopark, Binan, Laguna, 
Philippines 4024

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and

[[Page 17688]]

    (3) 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: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07319 Filed 4-11-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices 17687

MONTANA INTERNATIONAL TRADE U.S. International Trade Commission,
Lewis and Clark County COMMISSION telephone (202) 205–2560.
Crump—Howard House, (African-American [Investigation No. 337–TA–1046] Authority: The authority for institution of
this investigation is contained in section 337
Heritage Places in Helena, Montana MPS),
Certain Non-Volatile Memory Devices of the Tariff Act of 1930, as amended, 19
1003 9th Ave., Helena, MP100000914 U.S.C. 1337 and in section 210.10 of the
Dorsey Grocery and Residence, (African- and Products Containing Same;
Institution of Investigation Commission’s Rules of Practice and
American Heritage Places in Helena, Procedure, 19 CFR 210.10 (2017).
Montana MPS), 401 N. Hoback St., Helena, AGENCY: International Trade Scope of Investigation: Having
MP100000915 Commission (ITC). considered the complaint, the U.S.
Stillwater County ACTION: Notice. International Trade Commission, on
Pelton, Charles and Gladys, House, 303 W. April 6, 2017, ordered that—
SUMMARY: Notice is hereby given that a (1) Pursuant to subsection (b) of
Rosebud Rd., Fishtail, SG100000916 complaint was filed with the U.S. section 337 of the Tariff Act of 1930, as
WISCONSIN International Trade Commission on amended, an investigation be instituted
March 7, 2017, under section 337 of the to determine whether there is a
Jefferson County Tariff Act of 1930, as amended, on violation of subsection (a)(1)(B) of
Fort Atkinson Club, 211 S. Water St., Fort behalf of Macronix International Co., section 337 in the importation into the
Atkinson, SG100000923 Ltd. of Taiwan and Macronix America, United States, the sale for importation,
Inc. of Milpitas, California. or the sale within the United States after
La Crosse County
Supplements to the Complaint were
Roosevelt School, 1307 Hayes St., La Crosse, importation of certain non-volatile
filed on March 16, 2017. The complaint
SG100000924 memory devices and products
alleges violations of section 337 based
containing same by reason of
WYOMING upon the importation into the United
infringement of one or more of claims
States, the sale for importation, and the
Sublette County 1–8 of the ’360 patent; claims 1–12 and
sale within the United States after
16 of the ’602 patent; and claims 1–7,
Cora Townsite, 5 Noble Rd., Cora, importation of certain non-volatile
11–16, and 18 of the ’417 patent, and
SG100000925 memory devices and products
whether an industry in the United
An additional documentation has been containing same by reason of
States exists or is in the process of being
received for the following resource(s): infringement of certain claims of U.S.
Patent No. 6,552,360 (‘‘the ’360 patent’’); established as required by subsection
VIRGINIA U.S. Patent No. 6,788,602 (‘‘the ’602 (a)(2) of section 337;
(2) For the purpose of the
Charles City County patent’’); and U.S. Patent No. 8,035,417
(‘‘the ’417 patent’’). The complaint investigation so instituted, the following
Greenway, On VA 5, Charles City,
further alleges that an industry in the are hereby named as parties upon which
AD69000336
United States exists or is in the process this notice of investigation shall be
Clarke County of being established as required by the served:
applicable Federal Statute. (a) The complainants are:
Fairfield, E of jct. of Rtes. 340 and 610, Macronix International Co., Ltd., No. 16,
Berryville vicinity, AD70000787 The complainants request that the
Commission institute an investigation Li-Hsin Road, Science Park, Hsin-chu,
Fluvanna County and, after the investigation, issue a Taiwan
limited exclusion order and cease and Macronix America, Inc., 680 North
Pleasant Grove, Thomas Jefferson Pkwy, VA
desist orders. McCarthy Boulevard, Suite 200,
53, Palmyra vicinity, AD04000843
Milpitas, CA 95035
ADDRESSES: The complaint, except for
Smyth County (b) The respondents are the following
any confidential information contained
Marion Historic District, Roughly along therein, is available for inspection entities alleged to be in violation of
Main, Cherry, Strother, Lee, North College during official business hours (8:45 a.m. section 337, and are the parties upon
and College Sts., Marion, AD00000888 to 5:15 p.m.) in the Office of the which the complaint is to be served:
Marion Historic District (Boundary Increase), Secretary, U.S. International Trade Toshiba Corporation, Shibaura 1-Chome
W. Cherry, E. Main, N. Main, Maple, N. Commission, 500 E Street SW., Room Minato-ku, Tokyo 105–8001, Japan
Chestnut, Broad & N. Commerce Sts., 112, Washington, DC 20436, telephone Toshiba America, Inc., 1251 Avenue of
Marion, AD11000487 (202) 205–2000. Hearing impaired the Americas Suite 4110, New York,
Wythe County individuals are advised that information NY 10020
on this matter can be obtained by Toshiba America Electronic
Wytheville Historic District, Roughly Components, Inc., 9740 Irvine
contacting the Commission’s TDD
bounded by Monroe, Eleventh, Jefferson Boulevard Suite D700, Irvine, CA
terminal on (202) 205–1810. Persons
and Twelfth Sts. and W. Railroad Ave.,
with mobility impairments who will 92618
Wytheville, AD94001179 Toshiba America Information Systems,
need special assistance in gaining access
Authority: 60.13 of 36 CFR part 60. to the Commission should contact the Inc., Digital Products Division, 9740
Dated: March 17, 2017. Office of the Secretary at (202) 205– Irvine Boulevard, Irvine, CA 92618
2000. General information concerning Toshiba Information Equipment
J. Paul Loether,
the Commission may also be obtained (Philippines), Inc., 103 East Main
mstockstill on DSK30JT082PROD with NOTICES

Chief, National Register of Historic Places/ by accessing its internet server at Avenue Ext., Special Export
National Historic Landmarks Program. https://www.usitc.gov. The public Processing Zone, Laguna Technopark,
[FR Doc. 2017–07366 Filed 4–11–17; 8:45 am] record for this investigation may be Binan, Laguna, Philippines 4024
BILLING CODE 4312–52–P viewed on the Commission’s electronic (c) The Office of Unfair Import
docket (EDIS) at https://edis.usitc.gov. Investigations, U.S. International Trade
FOR FURTHER INFORMATION CONTACT: The Commission, 500 E Street SW., Suite
Office of Unfair Import Investigations, 401, Washington, DC 20436; and

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17688 Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

(3) For the investigation so instituted, alleges violations of section 337 based or the sale within the United States after
the Chief Administrative Law Judge, upon the importation into the United importation of certain semiconductor
U.S. International Trade Commission, States, the sale for importation, and the devices and consumer audiovisual
shall designate the presiding sale within the United States after products containing the same by reason
Administrative Law Judge. importation of certain semiconductor of infringement of one or more of claims
Responses to the complaint and the devices and consumer audiovisual 1–14 of the ’844 patent; claims 11–30 of
notice of investigation must be products containing the same by reason the ’059 patent; claims 1–5 and 7 of the
submitted by the named respondents in of infringement of certain claims of U.S. ’171 patent; claims 1, 10, 11, 16, 17 and
accordance with section 210.13 of the Patent No. 8,284,844 (‘‘the ’844 patent’’); 22 of the ’104 patent; and claims 1–4 of
Commission’s Rules of Practice and U.S. Patent No. 7,590,059 (‘‘the ’059 the ’967 patent, and whether an
Procedure, 19 CFR 210.13. Pursuant to patent’’); U.S. Patent No. 8,068,171 (‘‘the industry in the United States exists as
19 CFR 201.16(e) and 210.13(a), such ’171 patent’’); U.S. Patent No. 7,310,104 required by subsection (a)(2) of section
responses will be considered by the (‘‘the ’104 patent’’); and U.S. Patent No. 337;
Commission if received not later than 20 7,342,967 (‘‘the ’967 patent’’). The (2) For the purpose of the
days after the date of service by the complaint further alleges that an investigation so instituted, the following
Commission of the complaint and the industry in the United States exists as are hereby named as parties upon which
notice of investigation. Extensions of required by the applicable Federal this notice of investigation shall be
time for submitting responses to the Statute. served:
complaint and the notice of The complainant requests that the (a) The complainant is:
investigation will not be granted unless Commission institute an investigation Broadcom Corporation, 5300 California
good cause therefor is shown. and, after the investigation, issue a Avenue, Irvine, CA 92617
Failure of a respondent to file a timely limited exclusion order and cease and (b) The respondents are the following
response to each allegation in the desist orders. entities alleged to be in violation of
complaint and in this notice may be ADDRESSES: The complaint, except for section 337, and are the parties upon
deemed to constitute a waiver of the any confidential information contained which the complaint is to be served:
right to appear and contest the therein, is available for inspection MediaTek Inc., No. 1, Dusing 1st Road,
allegations of the complaint and this during official business hours (8:45 a.m. Hsinchu Science Park, Hsinchu City
notice, and to authorize the to 5:15 p.m.) in the Office of the 30078, Taiwan
administrative law judge and the Secretary, U.S. International Trade MediaTek USA Inc., 2840 Junction
Commission, without further notice to Commission, 500 E Street SW., Room Avenue, San Jose, CA 95134
the respondent, to find the facts to be as 112, Washington, DC 20436, telephone MStar Semiconductor Inc., 4F–1, No.
alleged in the complaint and this notice (202) 205–2000. Hearing impaired 26, Tai-Yuan Street, ChuPei Hsinchu
and to enter an initial determination individuals are advised that information Hsien 302, Taiwan
and a final determination containing on this matter can be obtained by Sigma Designs, Inc., 47467 Fremont
such findings, and may result in the contacting the Commission’s TDD Boulevard, Fremont, CA 94538
issuance of an exclusion order or a cease terminal on (202) 205–1810. Persons LG Electronics Inc., Twin Tower 128,
and desist order or both directed against with mobility impairments who will Seoul 150–721, Republic of Korea
the respondent. need special assistance in gaining access LG Electronics U.S.A., Inc., 1000 Sylvan
By order of the Commission. to the Commission should contact the Avenue, Englewood Cliffs, NJ 07632
Issued: April 6, 2017. Office of the Secretary at (202) 205– Funai Electric Company, Ltd., 7–7–1
Lisa R. Barton, 2000. General information concerning Nakagaito, Daito City, Osaka 574–
the Commission may also be obtained 0013, Japan
Secretary to the Commission.
by accessing its internet server at Funai Corporation, Inc., 201 Route 17
[FR Doc. 2017–07319 Filed 4–11–17; 8:45 am]
https://www.usitc.gov. The public North, Suite 903, Rutherford, NJ
BILLING CODE 7020–02–P
record for this investigation may be 07070
viewed on the Commission’s electronic P&F USA, Inc., 2555 Marconi Drive,
docket (EDIS) at https://edis.usitc.gov. Suite 300, Alpharetta, GA 30005
INTERNATIONAL TRADE
FOR FURTHER INFORMATION CONTACT: The Vizio, Inc., 39 Tesla, Irvine, CA 92618
COMMISSION
Office of the Secretary, Docket Services (3) For the investigation so instituted,
[Investigation No. 337–TA–1047] Division, U.S. International Trade the Chief Administrative Law Judge,
Commission, telephone (202) 205–1802. U.S. International Trade Commission,
Certain Semiconductor Devices and shall designate the presiding
Consumer Audiovisual Products Authority: The authority for institution of
this investigation is contained in section 337 Administrative Law Judge.
Containing the Same Institution of The Office of Unfair Import
of the Tariff Act of 1930, as amended, 19
Investigation Investigations will not participate as a
U.S.C. 1337, and in section 210.10 of the
AGENCY: U.S. International Trade Commission’s Rules of Practice and party in this investigation.
Commission. Procedure, 19 CFR. 210.10 (2017). Responses to the complaint and the
ACTION: Notice. Scope of Investigation: Having notice of investigation must be
considered the complaint, the U.S. submitted by the named respondents in
SUMMARY: Notice is hereby given that a International Trade Commission, on accordance with section 210.13 of the
complaint was filed with the U.S. April 6, 2017, ordered that— Commission’s Rules of Practice and
mstockstill on DSK30JT082PROD with NOTICES

International Trade Commission on (1) Pursuant to subsection (b) of Procedure, 19 CFR 210.13. Pursuant to
March 7, 2017, under section 337 of the section 337 of the Tariff Act of 1930, as 19 CFR. 201.16(e) and 210.13(a), such
Tariff Act of 1930, as amended, on amended, an investigation be instituted responses will be considered by the
behalf of Broadcom Corporation of to determine whether there is a Commission if received not later than 20
Irvine, California. A letter violation of subsection (a)(1)(B) of days after the date of service by the
supplementing the complaint was filed section 337 in the importation into the Commission of the complaint and the
on March 22, 2017. The complaint United States, the sale for importation, notice of investigation. Extensions of

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Document Created: 2017-04-12 00:23:20
Document Modified: 2017-04-12 00:23:20

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		82 FR 17687