[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Notices]
[Page 13876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7570]



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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-386]


Notice of Investigation

    In the Matter of Certain Global Positioning System Coarse 
Acquisition Code Receivers and Products Containing Same.

AGENCY: 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 21, 1996, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Trimble Navigation, 645 North Mary Avenue, P.O. Box 3642, Sunnyvale, 
California 94088-3642. Letters supplementing the complaint were filed 
on March 5 and March 12, 1996. The complaint, as supplemented, alleges 
violations of section 337 based on the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain global positioning system coarse 
acquisition code receivers and products containing same by reason of 
infringement of claims 1 and 7 of U.S. Letters Patent 4,754,465. The 
complaint further alleges that an industry in the United States exists 
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, except for any confidential information 
contained therein, is 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, S.W., Room 112, 
Washington, D.C. 20436, telephone 202-205-1802. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810.

FOR FURTHER INFORMATION CONTACT: Kent Stevens, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2579.

    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 C.F.R. Sec. 210.10.

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on March 22, 1996, 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 global 
positioning system coarse acquisition code receivers or products 
containing same by reason of infringement of claims 1 or 7 of U.S. 
Letters Patent 4,754,465, 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--Trimble Navigation, 645 North Mary Avenue, 
P.O. Box 3642, Sunnyvale, California 94088-3642.
    (b) The respondent is the following company alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: NovAtel Communications Ltd., 1020 64th Avenue N.E., 
Calgary, Alberta, Canada T3J 1S1.
    (c) Kent Stevens, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-L, 
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.
    Responses 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 C.F.R. 
Sec. 210.13. Pursuant to sections 201.16(d) and 210.13(a) of the 
Commission's Rules, 19 C.F.R. Secs. 201.16(d) and 210.13(a), such 
responses will be considered by the Commission if received not 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 responses to the complaint and notice will not be granted 
unless good cause therefore 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 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 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.

    Issued: March 25, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-7570 Filed 3-27-96; 8:45 am]
BILLING CODE 7020-02-P