[Federal Register Volume 61, Number 212 (Thursday, October 31, 1996)]
[Notices]
[Pages 56246-56247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27966]


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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-387]


Notice of Commission Decision Not to Review an Initial 
Determination

    In the Matter of: Certain Self-Powered Fiber Optic Modems.
AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Commission has determined not 
to review an initial determination (ID) (Order No. 14) issued by the 
presiding administrative law judge (ALJ) on September 25, 1996.

FOR FURTHER INFORMATION CONTACT: Cynthia P. Johnson, Esq., Office of 
the General Counsel, U.S. International Trade Commission, telephone 
202-205-3098.

SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation 
was instituted by the Commission on April 25, 1996, on behalf of Patton 
Electronics Co. of Gaithersburg, Maryland. The complaint 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 self-powered fiber optic modems that 
allegedly infringe claims 1, 2, 3, 7, and 8 of U.S. Letters Patent 
4,161,650, (the 650 patent) and that there exists an industry in the 
United States as required by subsection (a)(2) of section 337. The 
notice of investigation named RAD Data Communications, Ltd., of Tel 
Aviv, Israel and RAD Data Communications, Inc., (collectively ``RAD'') 
of Mahwah, New Jersey as respondents. The target date for completion of 
the investigation is May 1, 1997.
    On August 20, 1996, RAD moved for summary determination on the 
basis that its accused modems did not infringe, either literally or 
under the doctrine of equivalents, or contribute to the infringement of 
the asserted claims of the 650 patent.
    On September 25, 1996, the presiding ALJ issued an ID (Order No. 
14) granting in part RAD's motion, finding that the the accused devices 
did not literally

[[Page 56247]]

infringe the claims at issue. No petitions for review of the ID were 
filed.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Commission rules 210.42, 19 CFR 
210.42.
    Copies of the ALJ's ID and all other nonconfidential documents 
filed in connection with this investigation are or will be 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., Washington, D.C. 20436, telephone 202-205-2000. 
Hearing-impaired persons are advised that information on the matter can 
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

    Issued: October 25, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-27966 Filed 10-30-96; 8:45 am]
BILLING CODE 7020-02-P