Notice2024-15059
Certain Memory Devices and Electronic Devices Containing the Same; Notice of Institution of Investigation
Primary source
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Published
July 9, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 3, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of MimirIP LLC of Dallas, Texas. Supplements to the complaint were filed on June 21, 2024, and June 24, 2024. The complaint 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 memory devices and electronic devices containing the same by reason of the infringement of certain claims of U.S. Patent No. 7,468,928 ("the '928 patent"); U.S. Patent No. 7,579,846 ("the '846 patent"); and U.S. Patent No. 8,036,053 ("the '053 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 cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 131 (Tuesday, July 9, 2024)</title>
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[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56406-56407]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15059]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1406]
Certain Memory Devices and Electronic Devices Containing the
Same; Notice of 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 June 3, 2024, under section 337
of the Tariff Act of 1930, as amended, on behalf of MimirIP LLC of
Dallas, Texas. Supplements to the complaint were filed on June 21,
2024, and June 24, 2024. The complaint 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 memory devices and electronic devices containing the same by
reason of the infringement of certain claims of U.S. Patent No.
7,468,928 (``the '928 patent''); U.S. Patent No. 7,579,846 (``the '846
patent''); and U.S. Patent No. 8,036,053 (``the '053 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 cease and desist
orders.
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#b9fcfdf0ea8af1dcd5c9f9cccad0cdda97ded6cf"><span class="__cf_email__" data-cfemail="1653525f45255e737a665663657f627538717960">[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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 3, 2024, 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 1-3 of the '928 patent; claims 1-28 of the '846 patent; and
claims 1-9 of the '053 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 ``certain DRAM memory,
DRAM modules, DRAM Components, and Design-in DRAM; and smart devices,
augmented and virtual reality products, automotive computers,
automotive media control units, computers, laptops, desktops,
workstations, tablets, and servers containing the same'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. l337(d)(l),
(f)(1), (g)(1);
(4) 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:
MimirIP LLC, 9330 LBJ Freeway, Suite 900, Dallas, TX
(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:
Micron Technology Inc., 6360 South Federal Way, Post Office Box 6,
Boise ID 83716
Hewlett Packard Enterprise Co., 1701 E Mossy Oaks Rd., Spring, TX 77389
HP, Inc., 1501 Page Mill Road, Palo Alto, CA 94304
Kingston Technology Company, Inc., 17600 Newhope Street, Fountain
Valley, CA 92708
Lenovo Group Limited, 23rd Floor, Lincoln House, Taikoo Place, 979
King's Road, Quarry Bay, Hong Kong, S.A.R. of China
Lenovo (United States) Inc., 8001 Development Drive, Morrisville, NC
27560
Tesla Inc., 1 Tesla Road, Austin, TX 78725
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) 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.
[[Page 56407]]
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: July 3, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-15059 Filed 7-8-24; 8:45 am]
BILLING CODE 7020-02-P
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