Daily Rules, Proposed Rules, and Notices of the Federal Government
The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order and a cease and desist order.
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 (2008).
(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 semiconductor chips having synchronous dynamic random access memory controllers or products containing same that infringe one or more of claims 7, 13, 21, and 22 of U.S. Patent No. 7,177,998; claims 7, 13, 21, and 22 of U.S. Patent No. 7,210,016; claims 11-13, 15, and 18 of U.S. Patent No. 6,470,405; claims 11-13 of U.S. Patent No. 6,591,353; claims 1-6, 11-13, 20-22, and 24 of U.S. Patent No. 7,287,109; claims 21 and 22 of U.S. Patent No. 7,287,119; claims 21, 22, and 24 of U.S. Patent No. 7,330,952; claim 25 of U.S. Patent No. 7,330,953; and claims 29 and 31 of U.S. Patent No. 7,360,050, and whether an industry in the United States exists 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--
(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:
(c) The Commission investigative attorney, party to this investigation, is Vu Q. Bui, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, Paul J. Luckern, 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(d) 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
By order of the Commission.