Notice2023-17717
Certain Power Converter Modules and Computing Systems Containing the Same; Institution of Investigation
Primary source
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Published
August 17, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 12, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Vicor Corporation of Andover, Massachusetts. A supplement to the complaint was filed on July 27, 2023. The 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 power converter modules and computing systems containing the same by reason of the infringement of certain claims of U.S. Patent No. 9,166,481 ("the '481 patent"), U.S. Patent No. 9,516,761 ("the '761 patent"), and U.S. Patent No. 10,199,950 ("the '950 patent"). The complaint 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 158 (Thursday, August 17, 2023)</title>
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[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Notices]
[Pages 56050-56051]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17717]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1370]
Certain Power Converter Modules and Computing Systems 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. International Trade Commission on July 12, 2023, under section 337
of the Tariff Act of 1930, as amended, on behalf of Vicor Corporation
of Andover, Massachusetts. A supplement to the complaint was filed on
July 27, 2023. The 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 power converter modules and computing systems
containing the same by reason of the infringement of certain claims of
U.S. Patent No. 9,166,481 (``the '481 patent''), U.S. Patent No.
9,516,761 (``the '761 patent''), and U.S. Patent No. 10,199,950 (``the
'950 patent''). The complaint 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 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#b6f3f2ffe585fed3dac6f6c3c5dfc2d598d1d9c0"><span class="__cf_email__" data-cfemail="9edbdad7cdadd6fbf2eedeebedf7eafdb0f9f1e8">[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: 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 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 11, 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
claim 1 of the '481 patent; claims 1-7 of the '761 patent; and claims
9, 13, 14, and 33-38 of the '950 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 ``power converter
modules used in data center server, artificial intelligence and cloud
computing systems, to power artificial intelligence (`AI')
accelerators, tensor processing units (`TPU'), graphical processing
units (`GPU') and central processing units (`CPU'), and computing
systems containing the same'';
[[Page 56051]]
(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:
Vicor Corporation, 25 Frontage Road, Andover, MA 01810
(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:
Delta Electronics, Inc., 186, Ruey Kuang Road, Neihu Dist., Taipei
114501, Taiwan
Delta Electronics (Americas) Ltd., 46101 Fremont Blvd., Fremont, CA
94538
Delta Electronics (USA) Inc., 2925 E. Plano Pkwy., Plano, TX 75074.
Cyntec Co., Ltd., 2 R&D 2nd Rd., Science-Based Industry Park, Hsinchu
30076, Taiwan
Quanta Computer Inc., No. 211, Wenhua 2nd Rd., Guishan Dist., Taoyuan
City 333, Taiwan
Quanta Cloud Technology Inc., 1F, No. 211 Wenhua 2nd Rd., Guishan
Dist., Taoyuan City 33377, Taiwan
Quanta Cloud Technology USA LLC, 1010 Rincon Circle, San Jose, CA 95131
Quanta Computer USA Inc., 45630 Northport Loop East, Fremont, CA 94538
Hon Hai Precision Industry Co. Ltd. (d/b/a, Foxconn Technology Group),
No. 2, Zihyou St., Tucheng Dist. New Taipei City 236, Taiwan
Foxconn Industrial internet Co. Ltd., 2F C1 Foxconn Technology Park, 2
Donghuan 2 Road Longhua, Shenzhen, 518109 China
FII USA Inc. (a/k/a Foxconn Industrial, Internet USA Inc.), 611 East
Wisconsin Ave., Milwaukee, WI 53202,
Ingrasys Technology Inc., 5F., No. 1188, Nanqing Rd., Luzhu Dist.,
Taoyuan City, Taiwan
Ingrasys Technology USA Inc., 2025 Gateway Place, Ste. 190, San Jose,
CA 95110
(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), 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 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: August 14, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-17717 Filed 8-16-23; 8:45 am]
BILLING CODE 7020-02-P
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