[Federal Register Volume 65, Number 202 (Wednesday, October 18, 2000)]
[Notices]
[Pages 62367-62368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26748]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-439]


Certain HSP Modems, Software and Hardware Components Thereof, and 
Products Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 15, 2000, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, 
on behalf of PCTEL, Inc. of Milpitas, California. A supplement to the 
complaint was filed on October 3, 2000. The complaint, as supplemented, 
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 HSP modems, software and hardware 
components thereof, and products containing same by reason of 
infringement of claims 1-2 of U.S. Letters Patent 5,787,305, claims 1-
4, 7-8, and 11-15 of U.S. Letters Patent 5,931,950, claims 1, 2, 10, 
and 15-17 of U.S. Letters Patent 4,841,561, and claims 1, 6-7, 10-12, 
and 15-19 of U.S. Letters Patent 5,940,459. The complaint further 
alleges that there exists, or is in the process of being established, 
an industry in the United States as required by subsection (a)(2) of 
section 337.
    The complainant request that the Commission institute an 
investigation and, after the investigation, 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, 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: Shival P. Virmani, Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2568.

    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 10, 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 HSP modems, 
software or hardware components thereof, or products containing same by

[[Page 62368]]

reason of infringement of claims 1 or 2 of U.S. Letters Patent 
5,787,305, claims 1-4, 7-8, or 11-15 of U.S. Letters Patent 5,931,950, 
claims 1, 2, 10, or 15-17 of U.S. Letters Patent 4,841,561, or claims 
1, 6-7, 10-12, or 15-19 of U.S. Letters Patent 5,940,459, and whether 
there exists, or is in the process of being established, 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--PCTEL, Inc., 1331 California Circle, 
Milpitas, CA 95035.
    (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:

ESS Technology, Inc., 48401 Fremont Blvd., Fremont, CA 94538
Smart Link Ltd., 7 Giborei Israel St., Southern Industrial Zone, 
Netanya 42505, Israel
Smart Link Technologies, Inc., 44 Pleasant St., Watertown, MA 02172
    (c) Shival P. Virmani, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
S.W., Room 401-J, 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 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: October 11, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-26748 Filed 10-17-00; 8:45 am]
BILLING CODE 7020-02-P