[Federal Register Volume 66, Number 68 (Monday, April 9, 2001)]
[Notices]
[Pages 18507-18508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8673]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-455]


Certain Network Interface Cards and Access Points for Use in 
Direct Sequence Spread Spectrum Wireless Local Area Networks 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 March 9, 2001, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Proxim, Inc. of Sunnyvale, California. A supplement to the complaint 
was filed on March 29, 2001. 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 network interface cards and access points for 
use in direct sequence spread spectrum wireless local area networks and 
products containing same by reason of infringement of claims 6-8 of 
U.S. Letters Patent 5,077,753, claims 13, 15, 20, 22, 24-26, 30, 33, 
35-37, 40, 42, and 50 of U.S. Letters Patent 5,809,060, and claims 1-31 
of U.S. Letters Patent 6,075,812. 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 permanent cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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 at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

FOR FURTHER INFORMATION CONTACT: Jeffrey R. Whieldon, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2580.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in Sec. 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR Sec. 210.10 (2000).

[[Page 18508]]

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on April 3, 2001, 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 network 
interface cards and access points for use in direct sequence spread 
spectrum wireless local area networks or products containing same by 
reason of infringement of claims 6, 7, or 8 of U.S. Letters Patent 
5,077,753, claims 13, 15, 20, 22, 24-26, 30, 33, 35-37, 40, 42, or 50 
of U.S. Letters Patent 5,809,060, or claims 1-31 of U.S. Letters Patent 
6,075,812, and whether an industry in the United States exists 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--Proxim, Inc., 510 DeGuigne Drive, 
Sunnyvale, California 94086.
    (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:

Acer NeWeb Corporation 6F, 110, Tung Ta Road, Sec 2, Hsinchu, Taiwan
Acer America Corporation 2641 Orchard Parkway, San Jose, California 
95134
Addtron Technology Company, Ltd. 4425 Cushing Parkway, Fremont, 
California 94538
AmbiCom, Inc., 48295 Fremont Blvd, Suite A, Fremont, California 94538
Cabletron Systems, Inc., 35 Industrial Way, Rochester, New Hampshire 
03867
Enterasys Networks, Inc., 35 Industrial Way, Rochester, New Hampshire 
03867
Powermatic Data Systems Ltd. 135 Joo Seng Road #08-01 PM Industrial 
Building Singapore 368363
Compex, Inc., 4051 E. La Palma Ave., Anaheim, California 92807
D-Link Corporation 20, Park Ave. 2, Hsinchu, Taiwan
D-Link Systems, Inc., 53 Discovery Drive, Irvine, California 92618
The Linksys Group, Inc., 17401 Armstrong Ave., Irvine, California 92614
MELCO, Inc., Kamiya Bldg., 11-50, Ohsu 4-chome, Naka-ku, Nagoya, 460-
0011 Japan
Buffalo Technology (U.S.A.), Inc., 1977 W. 190th Street, Suite 100, 
Torrance, California 90504
TechWorks, Inc., 4030 W. Braker Lane #350, Austin, Texas 78759

    (c) Jeffrey R. Whieldon, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern 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 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), 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 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 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 to authorize the administrative law judge and the 
Commission, without further notice to that 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 that respondent.

    Issued: April 3, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-8673 Filed 4-6-01; 8:45 am]
BILLING CODE 7020-02-U