82 FR 57290 - Certain Memory Modules and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 231 (December 4, 2017)

Page Range		57290-57291
FR Document		2017-26008

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 31, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Netlist, Inc. of Irvine, California. A supplement to the complaint was filed on November 21, 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 memory modules and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,606,907 (``the '907 patent'') and U.S. Patent No. 9,535,623 (``the '623 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 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 82 Issue 231 (Monday, December 4, 2017)

[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Notices]
[Pages 57290-57291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26008]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1089]


Certain Memory Modules and Components Thereof 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 October 31, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Netlist, Inc. 
of Irvine, California. A supplement to the complaint was filed on 
November 21, 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 memory modules and components thereof by reason of infringement 
of certain claims of U.S. Patent No. 9,606,907 (``the '907 patent'') 
and U.S. Patent No. 9,535,623 (``the '623 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 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 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: Pathenia M. Proctor, 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, 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 November 28, 2017, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted

[[Page 57291]]

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 by reason of infringement 
of one or more of claims 1-8, 10, 12, 14-22, 24-25, 27, 29-35, 38, 43-
45, 47, 48, 50, 52, and 58 of the '907 patent and claims 1-5, 7-15, 17-
25, 27, and 29 of the '623 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)(l), 19 CFR 210.50(b)(l), 
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)(l), 
(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 complainants is: Netlist, Inc., Technology Drive, Suite 
150, Irvine, CA 92618.
    (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:

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: November 28, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-26008 Filed 12-1-17; 8:45 am]
BILLING CODE 7020-02-P

57290 Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices

29, 2017 (82 FR 41051). No comments Total Estimated Number of Annual the Tariff Act of 1930, as amended, on
were received. Responses: 93. behalf of Netlist, Inc. of Irvine,
We are again soliciting comments on Estimated Completion Time per California. A supplement to the
the proposed ICR that is described Response: Varies from 1 hour to 520 complaint was filed on November 21,
below. We are especially interested in hours, depending on activity. 2017. The complaint alleges violations
public comments addressing the Total Estimated Number of Annual of section 337 based upon the
following issues: (1) Is the collection Burden Hours: 7,800. importation into the United States, the
necessary to the proper functions of Respondent’s Obligation: Voluntary. sale for importation, and the sale within
BSEE; (2) Will this information be Frequency of Collection: On occasion. the United States after importation of
processed and used in a timely manner; Total Estimated Annual Non Hour certain memory modules and
(3) Is the estimate of burden accurate; Burden Cost: We have identified three components thereof by reason of
(4) How might BSEE enhance the non-hour cost burdens associated with infringement of certain claims of U.S.
quality, utility, and clarity of the this information collection. Section Patent No. 9,606,907 (‘‘the ’907 patent’’)
information to be collected; and (5) How 250.1303 requires respondents to pay and U.S. Patent No. 9,535,623 (‘‘the ’623
might BSEE minimize the burden of this filing fees when (1) applying for a patent’’). The complaint further alleges
collection on the respondents, including voluntary unitization proposal or unit that an industry in the United States
through the use of information expansion ($12,619), as well as a (2) exists or is in the process of being
technology. unitization revision ($896). The filing established as required by the
Comments that you submit in fees are required to recover the Federal applicable Federal Statute.
response to this notice are a matter of Government’s processing costs. Section The complainant requests that the
public record. Before including your 250.1304(d) provides an opportunity for Commission institute an investigation
address, phone number, email address, parties notified of compulsory and, after the investigation, issue a
or other personal identifying unitization to request a hearing; limited exclusion order and a cease and
information in your comment, you therefore § 250.1304(e) requires the desist order.
should be aware that your entire party seeking the compulsory ADDRESSES: The complaint, except for
comment—including your personal unitization to (3) pay for the court any confidential information contained
identifying information—may be made reporter and three copies of the therein, is available for inspection
publicly available at any time. While verbatim transcript of the hearing during official business hours (8:45 a.m.
you can ask us in your comment to (approximately $500). to 5:15 p.m.) in the Office of the
withhold your personal identifying It should be noted there have been no Secretary, U.S. International Trade
information from public review, we such hearings in the recent past, and Commission, 500 E Street SW., Room
cannot guarantee that we will be able to none are expected in the near future. We 112, Washington, DC 20436, telephone
do so. have not identified any other non-hour (202) 205–2000. Hearing impaired
Abstract: The regulations at 30 CFR cost burdens associated with this individuals are advised that information
part 250, subpart M, concern collection of information. We estimate a on this matter can be obtained by
Unitization and are the subject of this total reporting non-hour cost burden of contacting the Commission’s TDD
collection. This request also covers any $195,757. terminal on (202) 205–1810. Persons
related Notices to Lessees and Operators An agency may not conduct or with mobility impairments who will
(NTLs) that BSEE issues to clarify, sponsor and a person is not required to need special assistance in gaining access
supplement, or provide additional respond to a collection of information to the Commission should contact the
guidance on some aspects of our unless it displays a currently valid OMB Office of the Secretary at (202) 205–
regulations. control number. 2000. General information concerning
BSEE must approve any lessee’s The authority for this action is the the Commission may also be obtained
proposal to enter an agreement to Paperwork Reduction Act of 1995 (44 by accessing its internet server at
unitize operations under two or more U.S.C. 3501 et seq). https://www.usitc.gov. The public
leases and for modifications when Dated: November 6, 2017. record for this investigation may be
warranted. We use the information to Doug Morris, viewed on the Commission’s electronic
ensure that operations under the Chief, Office of Offshore Regulatory Programs. docket (EDIS) at https://edis.usitc.gov.
proposed unit agreement will result in [FR Doc. 2017–26049 Filed 12–1–17; 8:45 am] FOR FURTHER INFORMATION CONTACT:
preventing waste, conserving natural BILLING CODE 4310–VH–P Pathenia M. Proctor, The Office of
resources, and protecting correlative Unfair Import Investigations, U.S.
rights including the government’s International Trade Commission,
interests. INTERNATIONAL TRADE telephone (202) 205–2560.
Title of Collection: 30 CFR part 250, COMMISSION SUPPLEMENTARY INFORMATION:
subpart M, Unitization. Authority: The authority for
OMB Control Number: 1014–0015. [Investigation No. 337–TA–1089] institution of this investigation is
Form Number: None. contained in section 337 of the Tariff
Type of Review: Extension of a Certain Memory Modules and
Act of 1930, as amended, 19 U.S.C. 1337
currently approved collection. Components Thereof Institution of
and in section 210.10 of the
Respondents/Affected Public: Investigation
Commission’s Rules of Practice and
Potential respondents comprise Federal
sradovich on DSK3GMQ082PROD with NOTICES

AGENCY: U.S. International Trade Procedure, 19 CFR 210.10 (2017).
OCS oil, gas, and sulfur lessees/ Commission. Scope of Investigation: Having
operators. ACTION: Notice. considered the complaint, the U.S.
Total Estimated Number of Annual International Trade Commission, on
Respondents: Not all of the potential SUMMARY: Notice is hereby given that a November 28, 2017, ordered that—
respondents will submit information in complaint was filed with the U.S. (1) Pursuant to subsection (b) of
any given year and some may submit International Trade Commission on section 337 of the Tariff Act of 1930, as
multiple times. October 31, 2017, under section 337 of amended, an investigation be instituted

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Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Notices 57291

to determine whether there is a notice of investigation. Extensions of Dated: November 28, 2017.
violation of subsection (a)(1)(B) of time for submitting responses to the Rebecca A. Womeldorf,
section 337 in the importation into the complaint and the notice of Rules Committee Secretary.
United States, the sale for importation, investigation will not be granted unless [FR Doc. 2017–26007 Filed 12–1–17; 8:45 am]
or the sale within the United States after good cause therefor is shown. BILLING CODE 2210–55–P
importation of certain memory modules Failure of a respondent to file a timely
and components thereof by reason of response to each allegation in the
infringement of one or more of claims complaint and in this notice may be DEPARTMENT OF JUSTICE
1–8, 10, 12, 14–22, 24–25, 27, 29–35, 38, deemed to constitute a waiver of the
43–45, 47, 48, 50, 52, and 58 of the ’907 [CPCLO Order No. 010–2017]
right to appear and contest the
patent and claims 1–5, 7–15, 17–25, 27, allegations of the complaint and this
and 29 of the ’623 patent; and whether Privacy Act of 1974; System of
notice, and to authorize the Records
an industry in the United States exists administrative law judge and the
or is in the process of being established, Commission, without further notice to AGENCY: United States Department of
as required by subsection (a)(2) of the respondent, to find the facts to be as Justice, Federal Bureau of Investigation.
section 337; ACTION: Notice of a new System of
alleged in the complaint and this notice
(2) Pursuant to Commission Rule Records.
and to enter an initial determination
210.50(b)(l), 19 CFR 210.50(b)(l), the
and a final determination containing
presiding administrative law judge shall SUMMARY: Pursuant to the Privacy Act of
such findings, and may result in the
take evidence or other information and 1974, and Office of Management and
issuance of an exclusion order or a cease Budget (OMB) Circular No. A–108,
hear arguments from the parties or other
and desist order or both directed against notice is hereby given that the Federal
interested persons with respect to the
the respondent. Bureau of Investigation (FBI), a
public interest in this investigation, as
appropriate, and provide the By order of the Commission. component within the United States
Commission with findings of fact and a Issued: November 28, 2017. Department of Justice (Department or
recommended determination on this Lisa R. Barton, DOJ), proposes to establish a new
issue, which shall be limited to the system of records titled, ‘‘FBI Online
Secretary to the Commission.
statutory public interest factors set forth Collaboration Systems,’’ JUSTICE/FBI–
[FR Doc. 2017–26008 Filed 12–1–17; 8:45 am]
in 19 U.S.C. 1337(d)(l), (f)(1), (g)(1); 004. This system of records will cover
(3) For the purpose of the BILLING CODE 7020–02–P all FBI online collaboration systems that
investigation so instituted, the following facilitate online collaboration between
are hereby named as parties upon which the FBI and its criminal justice,
this notice of investigation shall be intelligence, national security,
served: JUDICIAL CONFERENCE OF THE emergency management, public safety,
(a) The complainants is: Netlist, Inc., UNITED STATES and private sector partners, as well as to
Technology Drive, Suite 150, Irvine, CA support internal collaboration for and
92618. Meeting of the Judicial Conference; external collaboration among such
(b) The respondent is the following Committee on Rules of Practice and partners in the United States and
entity alleged to be in violation of Procedure approved countries worldwide.
section 337, and is the party upon Expanding available collaboration tools
which the complaint is to be served: AGENCY: Judicial Conference of the of the FBI and its partners enables the
United States, Committee on Rules of FBI to carry out its national security and
SK hynix, Inc., 2091, Gyeongchung- Practice and Procedure.
daero, Bubal-eub, Icheon-si, criminal justice missions. Elsewhere in
Gyeonggi-do, Republic of Korea ACTION: Notice of open meeting. this Federal Register, DOJ is
SK hynix America, Inc.. 3101 N. First concurrently issuing a Notice of
Street, San Jose, CA 95134 SUMMARY: The Committee on Rules of Proposed Rulemaking to exempt
SK hynix memory solutions, Inc., 3103 Practice and Procedure will hold a JUSITCE/DOJ–004 from certain
N. First Street, San Jose, CA 95134 meeting on January 4, 2018. The provisions of the Privacy Act.
(c) The Office of Unfair Import meeting will be open to public DATES: In accordance with 5 U.S.C.
Investigations, U.S. International Trade observation but not participation. An 552a(e)(4) and (11), this notice is
Commission, 500 E Street SW., Suite agenda and supporting materials will be effective upon publication, subject to a
401, Washington, DC 20436; and posted at least 7 days in advance of the 30-day period in which to comment on
(4) For the investigation so instituted, meeting at: http://www.uscourts.gov/ the routine uses, described below.
the Chief Administrative Law Judge, rules-policies/records-and-archives- Please submit any comments by January
U.S. International Trade Commission, rules-committees/agenda-books. 3, 2018.
shall designate the presiding ADDRESSES: The public, OMB, and
Administrative Law Judge. DATES:January 4, 2018. Congress are invited to submit any
Responses to the complaint and the Time: 9:00 a.m. to 5:00 p.m. comments: By mail to the Department of
notice of investigation must be ADDRESSES: Arizona Ballroom Salon F, Justice, Office of Privacy and Civil
submitted by the named respondents in Liberties, Attn: Privacy Analyst,
JW Marriott Camelback Inn, 5402 E.
accordance with section 210.13 of the National Place Building, 1331
sradovich on DSK3GMQ082PROD with NOTICES

Lincoln Drive, Scottsdale, AZ 85253.
Commission’s Rules of Practice and Pennsylvania Avenue NW., Suite 1000,
Procedure, 19 CFR 210.13. Pursuant to FOR FURTHER INFORMATION CONTACT: Washington, DC 20530–0001; by
19 CFR 201.16(e) and 210.13(a), such Rebecca A. Womeldorf, Rules facsimile at 202–307–0693; or by email
responses will be considered by the Committee Secretary, Rules Committee at privacy.compliance@usdoj.gov. To
Commission if received not later than 20 Staff, Administrative Office of the ensure proper handling, please
days after the date of service by the United States Courts, Washington, DC reference the above CPCLO Order No.
Commission of the complaint and the 20544, telephone (202) 502–1820. on your correspondence.

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Document Created: 2017-12-02 00:41:06
Document Modified: 2017-12-02 00:41:06

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		Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		82 FR 57290