[Federal Register Volume 65, Number 164 (Wednesday, August 23, 2000)]
[Notices]
[Page 51327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21499]



[[Page 51327]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-435]


Certain Integrated Repeaters, Switches, Transceivers, and 
Products Containing Same; Investigation

AGENCY: U.S. 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 July 20, 2000, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Intel Corporation, 2200 Mission College Boulevard, Santa Clara, 
California 95052, and Level One Communications, Inc., 9750 Goethe Road, 
Sacramento, California 95827. The complaint alleges a violation of 
section 337 in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain integrated repeaters, switches, transceivers, and products 
containing same by reason of infringement of claims 1, 3, 7-8, 13-19, 
and 23-29 of U.S. Letters Patent 5,894,410; claims 1, 3, 10-13, 15-16, 
and 19 of U.S. Letters Patent 5,608,341; and claims 1, 3, 5, 10, and 11 
of U.S. Letters Patent 5,726,860. The complaint further alleges that 
there exists an industry in the United States as required by subsection 
(a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after a hearing, 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 202-205-2000. 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 be 
obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone 202-205-
2572.

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 CFR 
Sec. 210.10 (1999).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on August 16, 2000, 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 integrated 
repeaters, switches, transceivers, or products containing same by 
reason of infringement of claims 1, 3, 7-8, 13-19, or 23-29 of U.S. 
Letters Patent 5,894,410; claims 1, 3, 10-13, 15-16, or 19 of U.S. 
Letters Patent 5,608,341; or claims 1, 3, 5, 10, or 11 of U.S. Letters 
Patent 5,726,860; 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 complainants are--

Intel Corporation, 2200 Mission College Boulevard, Santa Clara, 
California 95052
Level One Communications, Inc., 9750 Goethe Road, Sacramento, 
California 95827

    (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:

Altima Communications, Inc., 2055 Gateway Place, San Jose, California 
95110

    (c) Juan Cockburn, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-Q, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation;
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge;
    (4) The presiding administrative law judge is authorized to 
consolidate Inv. No. 337-TA-430 and this investigation if he deems it 
appropriate.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent in accordance with Sec. 210.13 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant 
to 19 CFR 201.16(d) and 210.13(a) of the Commission's Rules, 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 will not be granted unless good 
cause therefor 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 
such respondent.

    Issued: August 17, 2000.
    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-21499 Filed 8-22-00; 8:45 am]
BILLING CODE 7020-02-U