Certain Low-Power Computer Hard Disk Drive Systems and Products Containing Same; Notice of Investigation

[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Notices]
[Pages 24885-24886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11491]



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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-373]


Certain Low-Power Computer Hard Disk Drive Systems and Products 
Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on April 4, 1995, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Conner Peripherals, Inc., 3081 Zanker Road, San Jose, California 95134-
2128. A supplement to the complaint was filed on April 27, 1995. The 
complaint as supplemented alleges a violation of section 337 in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain low-power 
computer hard disk drive systems and products containing same by reason 
of infringement of claims 1, 2, 7, 20-24, and 30 of U.S. Letters Patent 
5,402,200. The complaint further alleges that there exists an industry 
in the United States as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and a permanent 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, S.W., Room 112, 
Washington, D.C. 20436, telephone 202-205-1802. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810.

FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office 
of Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2576.

    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 Final Rules of Practice 
and Procedure, 59 FR 39020, 39043 (August 1, 1994).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 1, 1995, 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 low-power 
computer hard disk drive systems or products containing same by reason 
of infringement of claims 1, 2, 7, 20-24, or 30 of U.S. Letters Patent 
5,402,200, and whether there exists an industry in the United States 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 complainant is--Conner Peripherals, Inc.
3081 Zanker Road, San Jose, California 95134-2128 (b) The respondent is 
the following company alleged to be in violation of section 337, and is 
the party upon which the complaint is to be served:

International Business Machines Corporation, 1 Old Orchard Road, 
Armonk, New York 10504

    (c) Smith R. Brittingham IV, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Room 401-M, Washington, D.C. 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, Janet D. Saxon, 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 respondent in accordance with section 210.13 of 
the Commission's Final Rules of Practice and Procedure, 59 FR 39020, 
39045 (August 1, 1994). Pursuant to 19 CFR 201.16(d) and section 
210.13(a) of the Commission's Final Rules, 59 FR at 39045, such 
responses will be considered by the Commission if received not later 
than 20 days after the date of service of the complaint. Extensions of 
time for submitting responses to the complaint and notice of 
investigation will not be granted unless good cause therefor is shown. 
[[Page 24886]] 
    Failure of the 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 both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: May 2, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-11491 Filed 5-9-95; 8:45 am]
BILLING CODE 7020-02-P