Office of
`Unfair Import
`Investigations
`
`W. Peter Guarnieri
`Investigative Attorney
`Office of Unfair Import
`Investigations
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`
`
`
`
`May 2, 2024
`
`BY EMAIL
`
`Wen T. Lin
`130 Wenxin Road, llF
`Pingzhen District,
`Taoyuan City, Taiwan 324
`Email: winster215@gmail.com
`
`
`
`
`Re: Amended Complaint filed by Wen T. Lin Concerning Certain
`Dynamic Random Access Memory Device And Product
`Containing Same (Dkt. No. 3729)
`
`
`
`Dear Mr. Lin:
`
`We have received your amended complaint in response to my letter of March
`7, 2024. We are examining your amended complaint (Docket No. 3729) for
`sufficiency and compliance with the applicable Commission Rules. See Commission
`Rule 210.9 (19 C.F.R. § 210.9). In this regard, we would like to draw your attention
`to the deficiencies in your amended complaint set forth below that must be
`corrected:
`
` Commission Rule 210.12(a)(6)(i)(A) requires, for complaints based
`on infringement of a patent, a “statement as to whether an alleged
`domestic industry exists or is in the process of being established”
`along with “a detailed description of the relevant domestic
`industry,” i.e. “facts showing significant/substantial investment and
`employment” including but not limited to “Significant investment in
`plant and equipment,” “Significant employment of labor or capital”,
`or “Substantial investment in the exploitation of the subject
`patent,” including “engineering, research and development, or
`licensing.” Paragraph 40 of the amended complaint appears to
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`May 2, 2024
`Page 2
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`allege that an industry is in the process of being established. But
`the only alleged investment is $20,725 spent on lab fees to collect
`evidence in support of your infringement allegations. It is not clear
`what domestic industry you contend is in the process of being
`established, nor is it clear how this alleged investment relates any
`domestic industry in the process of being established. Please (i)
`explain what domestic industry related to an article
`protected by the asserted patent you contend is in the process
`of being established, (ii) explain how your alleged
`investments are related to that domestic industry.
`
` Commission Rule 210.12(a)(9)(ix) requires a “showing that an
`industry in the United States, relating to the articles protected by
`the patent exists or is in the process of being established.” The rule
`further requires that the “complainant shall make such showing by
`appropriate allegations, and when practicable, by a chart that
`applies an exemplary claim of each involved U.S. patent to a
`representative involved domestic article.” Your amended complaint
`does not identify any domestic article, nor does it explain how your
`alleged industry in the process of being establish is related to any
`domestic article. Please (i) identify a domestic article, (ii)
`provide a claim chart that explains how the article is
`protected by the asserted patent, and (iii) explain how your
`alleged domestic industry in the process of being established
`is related to a domestic article that is protected by the
`asserted patent.
`
` Commission Rule 210.12(a)(12) requires a “plain English”
`description of the category of accused products:
`
`[The complaint shall] [c]ontain a clear statement in plain
`English of the category of products accused. For example,
`the caption of the investigation might refer to “certain
`electronic devices,” but the complaint would provide a
`further statement to identify the type of products involved
`in plain English such as mobile devices, tablets, or
`computers.”
`
`Paragraphs 18 and 19 of the amended complaint provide a detailed
`description of the “Product at Issue,” but it is unclear from these
`paragraphs what you contend the “clear statement in plain
`English of the category of products accused” to be. Please provide
`a clear statement in plain English of the category of
`products accused, for example “DDR3 SDRAM IC chips.”
`
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`May 2, 2024
`Page 3
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`Please correct the above-identified deficiencies by May 13, 2024. If you have
`any questions, please contact me. If you are unable to meet this deadline, please
`provide a date by which these deficiencies will be corrected and submit a letter to
`the Secretary of the Commission, Lisa Barton, requesting the postponement of the
`decision on whether to institute an investigation until after the date when these
`deficiencies are corrected. If you are unable to correct these deficiencies and wish to
`withdraw your amended complaint, please indicate this in a letter to Lisa Barton,
`preferably by May 13, 2024.
`
`
`
`
`
`
`
`
`
`
`Best regards,
`
`
`/s/W. Peter Guarnieri
`
`Margaret D. Macdonald, Director
`Anne Goalwin, Supervisory Attorney
`W. Peter Guarnieri, Investigative Attorney
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street SW, Suite 401
`Washington, DC 20436
`Tel: 202-708-1525
`Email: peter.guarnieri@usitc.gov
`
`