82 FR 3359 - Certain Flash Memory Devices and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 7 (January 11, 2017)

Page Range		3359-3360
FR Document		2017-00423

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 6, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Memory Technologies, LLC of Las Vegas, Nevada. An amended complaint was filed on December 12, 2016. The amended 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 flash memory devices and components thereof by reason of infringement of certain claims of U.S. Patent No. RE45,542 (``the '542 patent''); U.S. Patent No. RE45,486 (``the '486 patent''); U.S. Patent No. 7,565,469 (``the '469 patent''); U.S. Patent No. 9,063,850 (``the '850 patent''); and U.S. Patent No. 8,307,180 (``the '180 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 cease and desist orders.

Federal Register, Volume 82 Issue 7 (Wednesday, January 11, 2017)

[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Notices]
[Pages 3359-3360]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00423]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1034]


Certain Flash Memory Devices and Components Thereof; 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 December 6, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Memory Technologies, LLC of Las Vegas, Nevada. An amended complaint was 
filed on December 12, 2016. The amended 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 flash memory devices and components thereof by 
reason of infringement of certain claims of U.S. Patent No. RE45,542 
(``the '542 patent''); U.S. Patent No. RE45,486 (``the '486 patent''); 
U.S. Patent No. 7,565,469 (``the '469 patent''); U.S. Patent No. 
9,063,850 (``the '850 patent''); and U.S. Patent No. 8,307,180 (``the 
'180 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 cease and desist orders.

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 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, 
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 amended complaint, 
the U.S. International Trade Commission, on January 5, 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 flash memory 
devices and components thereof by reason of infringement of one or more 
of claim 38 of the '542 patent; claims 6, 9, 10, 22, 23, 26, and 27 of 
the '486 patent; claim 19 of the '469 patent; claim 10 of the '850 
patent; and claims 17-19, 21, 22, and 27 of the '180 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)(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:

Memory Technologies, LLC, 6787 W. Tropicana Avenue, Suite 238, Las 
Vegas, NV 89103

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

SanDisk LLC, 951 SanDisk Drive, Milpitas, CA 95035
Western Digital Corporation, 3355 Michelson Drive, Suite 100, Irvine, 
CA 92612
Western Digital Technologies, Inc., 951 SanDisk Drive, Milpitas, CA 
95035
SanDisk Limited, 8F Nisso 15 Bldg. 2-17-19 Shin-Yokohama, Kohoku-ku, 
Yokohama, Japan 222-0033
SanDisk Storage Malaysia Sdn. Bhd., Plot 18, Lorong Jelawat 4, Kawasan, 
Perindustrian, Seberang Jaya, 13700 Perai, Penang, Malaysia
SanDisk SemiConductor (Shanghai) Co., Ltd., No. 388, Jiang Chuan East 
Road, Minhang District, Shanghai 200241, China

    (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 amended 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

[[Page 3360]]

Commission of the amended complaint and the notice of investigation. 
Extensions of time for submitting responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: January 5, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-00423 Filed 1-10-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices 3359

Confidential business information U.S. Patent No. RE45,486 (‘‘the ’486 22, and 27 of the ’180 patent, and
submitted to the Commission in patent’’); U.S. Patent No. 7,565,469 (‘‘the whether an industry in the United
comments may be disclosed to and/or ’469 patent’’); U.S. Patent No. 9,063,850 States exists as required by subsection
used by (1) the Commission in (‘‘the ’850 patent’’); and U.S. Patent No. (a)(2) of section 337;
calculating the estimated revenue loss 8,307,180 (‘‘the ’180 patent’’). The (2) Pursuant to Commission Rule
required under the Act, which may be amended complaint further alleges that 210.50(b)(1), 19 CFR 210.50(b)(1), the
based in whole or in part on the an industry in the United States exists presiding Administrative Law Judge
estimated values of imports submitted as required by subsection (a)(2) of shall take evidence or other information
in comments (as well as by petitioners section 337. and hear arguments from the parties or
in their petitions); or (2) the The complainant requests that the other interested persons with respect to
Commission, its employees, and Commission institute an investigation the public interest in this investigation,
contract personnel (a) in processing and, after the investigation, issue a as appropriate, and provide the
petitions and comments and preparing limited exclusion order and cease and Commission with findings of fact and a
reports under the American desist orders. recommended determination on this
Manufacturing Competitiveness Act of ADDRESSES: The amended complaint, issue, which shall be limited to the
2016 or (b) in internal investigations, except for any confidential information statutory public interest factors set forth
audits, reviews, and evaluations relating contained therein, is available for in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
to the programs, personnel, and inspection during official business (3) For the purpose of the
operations of the Commission including hours (8:45 a.m. to 5:15 p.m.) in the investigation so instituted, the following
under 5 U.S.C. Appendix 3; or (3) Office of the Secretary, U.S. are hereby named as parties upon which
Commerce for use in preparing its report International Trade Commission, 500 E this notice of investigation shall be
to the Commission and the Committees, Street SW., Room 112, Washington, DC served:
and the U.S. Department of Agriculture 20436, telephone (202) 205–2000. (a) The complainant is:
and CBP for use in providing Hearing impaired individuals are Memory Technologies, LLC, 6787 W.
information for that report; or (4) U.S. advised that information on this matter Tropicana Avenue, Suite 238, Las
government employees and contract can be obtained by contacting the Vegas, NV 89103
personnel, solely for cybersecurity Commission’s TDD terminal on (202) (b) The respondents are the following
purposes, subject to the requirement 205–1810. Persons with mobility entities alleged to be in violation of
that all contract personnel will sign impairments who will need special section 337, and are the parties upon
appropriate nondisclosure agreements. assistance in gaining access to the which the amended complaint is to be
Commission should contact the Office served:
By order of the Commission.
of the Secretary at (202) 205–2000.
Issued: January 3, 2017. SanDisk LLC, 951 SanDisk Drive,
General information concerning the
Katherine M. Hiner, Milpitas, CA 95035
Commission may also be obtained by Western Digital Corporation, 3355
Acting Supervisory Attorney. accessing its internet server at https:// Michelson Drive, Suite 100, Irvine,
[FR Doc. 2017–00062 Filed 1–10–17; 8:45 am] www.usitc.gov. The public record for CA 92612
BILLING CODE 7020–02–P this investigation may be viewed on the Western Digital Technologies, Inc., 951
Commission’s electronic docket (EDIS) SanDisk Drive, Milpitas, CA 95035
at https://edis.usitc.gov. SanDisk Limited, 8F Nisso 15 Bldg. 2–
INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: The 17–19 Shin-Yokohama, Kohoku-ku,
COMMISSION Office of Unfair Import Investigations, Yokohama, Japan 222–0033
[Inv. No. 337–TA–1034] U.S. International Trade Commission, SanDisk Storage Malaysia Sdn. Bhd.,
telephone (202) 205–2560. Plot 18, Lorong Jelawat 4, Kawasan,
Certain Flash Memory Devices and Authority: The authority for institution of Perindustrian, Seberang Jaya, 13700
Components Thereof; Institution of this investigation is contained in section 337 Perai, Penang, Malaysia
Investigation of the Tariff Act of 1930, as amended, and SanDisk SemiConductor (Shanghai) Co.,
in section 210.10 of the Commission’s Rules Ltd., No. 388, Jiang Chuan East Road,
AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10 Minhang District, Shanghai 200241,
Commission. (2016). China
ACTION: Notice.
Scope of Investigation: Having (c) The Office of Unfair Import
SUMMARY: Notice is hereby given that a considered the amended complaint, the Investigations, U.S. International Trade
complaint was filed with the U.S. U.S. International Trade Commission, Commission, 500 E Street SW., Suite
International Trade Commission on on January 5, 2017, ordered that— 401, Washington, DC 20436; and
December 6, 2016, under section 337 of (1) Pursuant to subsection (b) of (4) For the investigation so instituted,
the Tariff Act of 1930, as amended, 19 section 337 of the Tariff Act of 1930, as the Chief Administrative Law Judge,
U.S.C. 1337, on behalf of Memory amended, an investigation be instituted U.S. International Trade Commission,
Technologies, LLC of Las Vegas, to determine whether there is a shall designate the presiding
Nevada. An amended complaint was violation of subsection (a)(1)(B) of Administrative Law Judge.
filed on December 12, 2016. The section 337 in the importation into the Responses to the amended complaint
amended complaint alleges violations of United States, the sale for importation, and the notice of investigation must be
section 337 based upon the importation or the sale within the United States after submitted by the named respondents in
sradovich on DSK3GMQ082PROD with NOTICES

into the United States, the sale for importation of certain flash memory accordance with section 210.13 of the
importation, and the sale within the devices and components thereof by Commission’s Rules of Practice and
United States after importation of reason of infringement of one or more of Procedure, 19 CFR 210.13. Pursuant to
certain flash memory devices and claim 38 of the ’542 patent; claims 6, 9, 19 CFR 201.16(e) and 210.13(a), such
components thereof by reason of 10, 22, 23, 26, and 27 of the ’486 patent; responses will be considered by the
infringement of certain claims of U.S. claim 19 of the ’469 patent; claim 10 of Commission if received not later than 20
Patent No. RE45,542 (‘‘the ’542 patent’’); the ’850 patent; and claims 17–19, 21, days after the date of service by the

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3360 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices

Commission of the amended complaint On November 22, 2000, PXI Systems A notice was published in the Federal
and the notice of investigation. Alliance, Inc. filed its original Register pursuant to Section 6(b) of the
Extensions of time for submitting notification pursuant to Section 6(a) of Act on October 13, 2016 (81 FR 70704).
responses to the amended complaint the Act. The Department of Justice
and the notice of investigation will not published a notice in the Federal Patricia A. Brink,
be granted unless good cause therefor is Register pursuant to Section 6(b) of the Director of Civil Enforcement, Antitrust
shown. Act on March 8, 2001 (66 FR 13971). Division.
Failure of a respondent to file a timely The last notification was filed with [FR Doc. 2017–00351 Filed 1–10–17; 8:45 am]
response to each allegation in the the Department on September 30, 2016. BILLING CODE P
amended complaint and in this notice A notice was published in the Federal
may be deemed to constitute a waiver of Register pursuant to Section 6(b) of the
the right to appear and contest the Act on November 3, 2016 (81 FR 76628). DEPARTMENT OF JUSTICE
allegations of the amended complaint Patricia A. Brink,
and this notice, and to authorize the Antitrust Division
Director of Civil Enforcement, Antitrust
administrative law judge and the Division.
Commission, without further notice to Notice Pursuant to the National
[FR Doc. 2017–00363 Filed 1–10–17; 8:45 am] Cooperative Research And Production
the respondent, to find the facts to be as
BILLING CODE P Act of 1993—Cooperative Research
alleged in the amended complaint and
this notice and to enter an initial Group on Ros-Industrial Consortium—
determination and a final determination Americas
DEPARTMENT OF JUSTICE
containing such findings, and may
result in the issuance of an exclusion Antitrust Division Notice is hereby given that, on
order or a cease and desist order or both November 30, 2016, pursuant to Section
directed against the respondent. Notice Pursuant to the National 6(a) of the National Cooperative
Cooperative Research and Production Research and Production Act of 1993,
By order of the Commission. Act of 1993—Petroleum Environmental 15 U.S.C. 4301 et seq. (‘‘the Act’’),
Issued: January 5, 2017. Research Forum Project No. 2014–10, Southwest Research Institute—
Lisa R. Barton, Direct Monitoring of Flare Combustion Cooperative Research Group on ROS-
Secretary to the Commission. Efficiency Industrial Consortium—Americas
[FR Doc. 2017–00423 Filed 1–10–17; 8:45 am] (‘‘RIC—Americas’’) has filed written
Notice is hereby given that, on
BILLING CODE 7020–02–P
December 7, 2016, pursuant to Section notifications simultaneously with the
6(a) of the National Cooperative Attorney General and the Federal Trade
Research and Production Act of 1993, Commission disclosing changes in its
15 U.S.C. 4301 et seq. (‘‘the Act’’), membership. The notifications were
DEPARTMENT OF JUSTICE filed for the purpose of extending the
Petroleum Environmental Research
Antitrust Division Forum Project No. 2014–10, Direct Act’s provisions limiting the recovery of
Monitoring of Flare Combustion antitrust plaintiffs to actual damages
Notice Pursuant to the National Efficiency (‘‘PERF Project No. 2014–10’’) under specified circumstances.
Cooperative Research and Production has filed written notifications Specifically, GKN Aerospace North
Act of 1993—PXI Systems Alliance, simultaneously with the Attorney America, Inc., Hazelwood, MO; and
Inc. General and the Federal Trade Intelligrated, St. Louis, MO, have been
Commission disclosing changes in its added as parties to this venture.
Notice is hereby given that, on membership. The notifications were
December 15, 2016, pursuant to Section Also, HDT Robotics, Inc.,
filed for the purpose of extending the
6(a) of the National Cooperative Fredericksburg, VA; University of Texas
Act’s provisions limiting the recovery of
Research and Production Act of 1993, antitrust plaintiffs to actual damages at Arlington, Arlington, TX; and
15 U.S.C. 4301 et seq. (‘‘the Act’’), PXI under specified circumstances. Flextronics, San Jose, CA, have
Systems Alliance, Inc. has filed written Specifically, BP Exploration Operating withdrawn as parties to this venture.
notifications simultaneously with the Company Limited, Sunbury-on-Thames, No other changes have been made in
Attorney General and the Federal Trade UNITED KINGDOM, has been added as either the membership or planned
Commission disclosing changes in its a party to this venture. activity of the group research project.
membership. The notifications were No other changes have been made in Membership in this group research
filed for the purpose of extending the either the membership or planned project remains open, and RIC-Americas
Act’s provisions limiting the recovery of activity of the group research project. intends to file additional written
antitrust plaintiffs to actual damages Membership in this group research notifications disclosing all changes in
under specified circumstances. project remains open, and PERF Project membership or planned activities.
Specifically, Ranatec Instrument AB, No. 2014–10 intends to file additional
Molndal, SWEDEN; and Signadyne, written notifications disclosing all On April 30, 2014, RIC-Americas filed
Castelldefels, Barcelona, SPAIN, have changes in membership. its original notification pursuant to
withdrawn as parties to this venture. On February 18, 2016, PERF Project Section 6(a) of the Act. The Department
No other changes have been made in of Justice published a notice in the
sradovich on DSK3GMQ082PROD with NOTICES

No. 2014–10 filed its original
either the membership or planned notification pursuant to Section 6(a) of Federal Register pursuant to Section
activity of the group research project. the Act. The Department of Justice 6(b) of the Act on June 9, 2014 (79 FR
Membership in this group research published a notice in the Federal 32999).
project remains open, and PXI Systems Register pursuant to Section 6(b) of the The last notification was filed with
Alliance, Inc. intends to file additional Act on March 17, 2016 (81 FR 14486). the Department on August 29, 2016. A
written notifications disclosing all The last notification was filed with
notice was published in the Federal
changes in membership. the Department on September 1, 2016.

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Document Created: 2018-02-01 14:59:09
Document Modified: 2018-02-01 14:59:09

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 3359