[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Notices]
[Pages 60451-60452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26021]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-436]


In the Matter of Certain WAP-Compatible Wireless Communication 
Devices, Components Thereof, and Products Containing Same; Notice of 
Investigation

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 September 8, 2000, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Geoworks Corporation of Alameda, California. A supplement to the 
complaint was filed on September 29, 2000. The complaint alleges 
violations 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 WAP-compatible (wireless application protocol) 
wireless communication devices, components thereof, and products 
containing same by reason of infringement of claims 1-8 of U.S. Letters 
Patent 5,327,529. The complaint further alleges that there exists in 
the United States an industry as required by subsection (a)(2) of 
section 337.
    The complainant requests that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent cease and desist orders.

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, SW., Room 112, 
Washington, DC 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 also be 
obtained by accessing its internet server (http://www.usitc.gov).

For Further Information Contact: Thomas S. Fusco, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2571.

    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 210.10 (2000).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 3, 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 WAP-
compatible wireless communication devices, components thereof, or 
products containing same by reason of infringement of claims 1-7 or 8 
of U.S. Letters Patent 5,327,529; and whether

[[Page 60452]]

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--

Geoworks Corporation, 960 Atlantic Avenue, Alameda, California 94501.

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Phone.com, Inc., 800 Chesapeake Drive, Redwood City, California 94063
Sanyo Electronic Co. Ltd. of Japan, 5-5 Keihan-Hondori, 2-chome, 
Moriguchi City, Osaka 570-8677, Japan
Sanyo North America Corporation, 2055 Sanyo Avenue, San Diego, 
California 92154

    (c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-O, 
Washington, D.C. 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Debra 
Morriss is designated as 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(d) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and notice of 
investigation. Extensions of time for submitting responses to the 
complaint will not be granted unless good cause therefor is shown.
    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 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: October 4, 2000.

By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-26021 Filed 10-10-00; 8:45 am]
BILLING CODE 7020-02-P