[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Notices]
[Page 35454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16725]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-439]


Certain HSP Modems, Software and Hardware Components Thereof, and 
Products Containing Same; Notice of a Commission Determination not to 
Review an Initial Determination Terminating the Investigation as to the 
Smart Link Respondents on the Basis of a Settlement Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') terminating the 
Smart Link respondents from the above-captioned investigation on the 
basis of a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3152. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (http://www.usitc.gov). Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810. 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.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 11, 2000, based on a complaint filed by PCTEL, Inc. 
(``PCTEL'') of Milpitas, California. The complaint named Smart Link 
Ltd. of Netanya, Israel and Smart Link Technologies, Inc. of Watertown, 
Massachusetts (collectively ``Smart Link'') and ESS Technology, Inc. 
(``ESS'') of Fremont California as respondents. The complaint alleged 
that Smart Link and ESS had violated section 337 of the Tariff Act of 
1930 by importing into the United States, selling for importation, and/
or selling within the United States after importation certain HSP 
modems, software and hardware components thereof, and products 
containing the 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.
    On May 17, 2001, PCTEL and Smart Link entered into a settlement 
agreement. On May 30, 2001, PCTEL and Smart Link filed the joint motion 
to terminate the investigation as to Smart Link. The Commission 
investigative attorney supported the joint motion.
    On May 30, 2001, the presiding ALJ issued an ID (Order No. 73) 
granting the motion to terminate the investigation as to Smart Link. No 
petitions for review of the ID were filed.
    The authority for the Commission's action is contained in section 
337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in 
section 210.42 of the Commission's Rules of Practice and Procedure (19 
CFR 210.42).
    Copies of the public version of the 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, SW., Washington, DC 
20436, telephone 202-205-2000.

    Issued: June 28, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-16725 Filed 7-3-01; 8:45 am]
BILLING CODE 7020-02-P