Notice2023-01326
Certain Integrated Circuits, Components Thereof, and Products Containing the Same; Institution of Investigation
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Published
January 24, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 12, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Realtek Semiconductor Corporation of Taiwan. An amended complaint was filed on December 23, 2022. A letter supplementing the complaint was filed on January 17, 2023. The amended complaint, as supplemented, 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 integrated circuits, components thereof, and products containing the same by reason of the infringement of certain claims of U.S. Patent No. 7,936,245 ("the '245 patent"); U.S. Patent No. 8,006,218 ("the '218 patent"); and U.S. Patent No. 9,590,582 ("the '582 patent"). The amended complaint, as supplemented, further alleges that an industry in the United States exists 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.
Full Text
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<title>Federal Register, Volume 88 Issue 15 (Tuesday, January 24, 2023)</title>
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[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4205-4206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01326]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1350]
Certain Integrated Circuits, Components Thereof, and Products
Containing the Same; 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.
[[Page 4206]]
International Trade Commission on December 12, 2022, under section 337
of the Tariff Act of 1930, as amended, on behalf of Realtek
Semiconductor Corporation of Taiwan. An amended complaint was filed on
December 23, 2022. A letter supplementing the complaint was filed on
January 17, 2023. The amended complaint, as supplemented, 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 integrated circuits, components thereof,
and products containing the same by reason of the infringement of
certain claims of U.S. Patent No. 7,936,245 (``the '245 patent''); U.S.
Patent No. 8,006,218 (``the '218 patent''); and U.S. Patent No.
9,590,582 (``the '582 patent''). The amended complaint, as
supplemented, further alleges that an industry in the United States
exists 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 amended complaint, except for any confidential
information contained therein, may be viewed on the Commission's
electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing
EDIS, please email <a href="/cdn-cgi/l/email-protection#682d2c213b5b200d0418281d1b011c0b460f071e"><span class="__cf_email__" data-cfemail="5712131e04641f323b271722243e233479303821">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jessica Mullan, Office of the
Secretary, Dockets Services Division, U.S. International Trade
Commission, (202) 205-1802.
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 (2021).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on January 18, 2023, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 2, and 8 of the '245 patent; claims 12-18 of the '218 patent;
and claims 1-4 and 9 of the '582 patent, and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``central processing
units (`CPUs'), graphics processing units (`GPUs'), server processors,
embedded processors, I/O processors, systems-on-chip (`SoCs'), Field
Programmable Gate Arrays, chipsets, Accelerated Processing Units, and
components of each'';
(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: Realtek Semiconductor Corporation, No. 2,
Innovation Road II, Hsinchu 300, Taiwan.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the amended
complaint is to be served: Advanced Micro Devices, Inc., 2485 Augustine
Drive, Santa Clara, CA 95054.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the amended 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(e) and 210.13(a), as amended in 85 FR
15798 (March 19, 2020), such responses will be considered by the
Commission if received not later than 20 days after the date of service
by the complainant 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 19, 2023.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2023-01326 Filed 1-23-23; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on January 24, 2023.
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