[Federal Register Volume 66, Number 50 (Wednesday, March 14, 2001)]
[Notices]
[Page 14937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6342]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-453]
In the Matter of Certain Programmable Logic Devices 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 February 12, 2001, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Altera Corporation of San Jose, California. An amended complaint was
filed on February 28, 2001. The complaint, as amended, alleges
violations 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 programmable logic devices and products
containing same by reason of infringement of claims 1, 8-13, 31, 33,
and 34 of U.S. Letters Patent 5,970,255 and claims 11 and 12 of U.S.
Letters Patent 5,260,610. 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 the investigation, issue a permanent exclusion
order and a permanent cease and desist order.
ADDRESSES: The complaint and amended complaint, except for any
confidential information contained therein, are 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
http://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.
FOR FURTHER INFORMATION CONTACT: Karin J. Norton, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2606.
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 (2000).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on March 9, 2001, 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 programmable
logic devices or products containing same by reason of infringement of
claims 1, 8-13, 31, 33, or 34 of U.S. Letters Patent 5,970,255 or
claims 11 or 12 of U.S. Letters Patent 5,260,610, 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--Altera Corporation, 101 Innovation Drive,
San Jose, CA 95134.
(b) The respondent is the following company upon which the
complaint is to be served--Xilinx, Inc., 2100 Logic Drive, San Jose, CA
95124.
(c) Karin J. Norton, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Room 401-A,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Sidney
Harris is designated as the presiding administrative law judge.
A response 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 Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such response will be
considered by the Commission if received no 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 a response to the
complaint will not be granted unless good cause therefor is shown.
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 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 the respondent.
By order of the Commission.
Dated: March 9, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-6342 Filed 3-13-01; 8:45 am]
BILLING CODE 702-02-M