[Federal Register Volume 66, Number 209 (Monday, October 29, 2001)]
[Notices]
[Pages 54539-54540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27167]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-435]


In the Matter of Certain Integrated Repeaters, Switches, 
Transceivers, and Products Containing Same; Notice of Issuance of 
Limited Exclusion Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3115. Copies of the 
public versions of the Commission's opinion and all other 
nonconfidential documents in the record of 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. Hearing-impaired persons are advised that information 
on this matter can be

[[Page 54540]]

obtained by contacting the Commission's TDD terminal on (202) 205-1810. 
General information concerning the Commission may also be obtained by 
accessing its Internet server (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.

SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation 
was instituted on August 23, 2000, based upon a complaint filed on July 
20, 2000, by Intel Corporation (``Intel'') and Level One 
Communications, Inc. (``Level One''). 65 FR 51327 (Aug. 23, 2000). The 
respondent is Altima Communications, Inc. (``Altima''). A second 
patent-based section 337 investigation naming Altima as a respondent 
was instituted on April 24, 2000, based upon a complaint filed by Level 
One on March 23, 2000, and supplemented on April 13, 2000. 65 FR 21789 
(Apr. 24, 2000). On August 24, 2000, the presiding administrative law 
judge (ALJ) issued an order consolidating the two investigations. From 
April 16, 2001, through April 30, 2001, the ALJ held an evidentiary 
hearing. On July 19, 2001, the ALJ issued a final initial determination 
(ID) finding that respondent Altima has violated section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), by infringing certain 
claims of two of complainants' asserted patents. Specifically, the ALJ 
found that: (1) There has been importation and sale of the accused 
products; (2) complainants practice the patents in controversy and 
satisfy the domestic industry requirements of section 337; (3) certain 
of the claims in issue are valid; (4) the accused imported products 
directly infringe certain of the claims in issue; and (5) respondent 
has induced infringement of certain of the claims in issue. Based on 
these findings, the ALJ concluded there was a violation of section 337. 
The ALJ recommended issuance of a limited exclusion order.
    Complainants Intel and Level One and respondent Altima filed 
petitions for review of various portions of the ALJ's final ID, and 
opposed each others' petitions for review. The Commission investigative 
attorney (IA) did not petition for review of the final ID, but opposed 
the other parties' petitions for review. On September 5, 2001, the 
Commission determined not to review the ALJ's final ID and issued a 
notice to that effect. 66 Fed. Reg. 47037 (Sep. 10, 2001).
    Having determined that a violation of section 337 has occurred in 
the importation, sale for importation, or sale in the United States of 
the accused integrated repeaters, as well as integrated repeaters and 
switches in plastic ball grid array (PBGA) packages, the Commission 
considered the issues of the appropriate form of relief, whether the 
public interest precludes issuance of such relief, and the bond during 
the 60-day Presidential review period.
    The Commission determined that a limited exclusion order 
prohibiting the importation of the accused integrated repeaters, and 
circuit boards and carriers containing such devices, as well as 
integrated repeaters, switches and other products in PBGA packages, and 
circuit boards and carriers containing such devices. and directed to 
respondent Altima is the appropriate form of relief. The Commission 
further determined that the statuturay public interest factors don not 
preclude the issuance of such relief, and that respondent's bond under 
the limited exclusion order shall be in the amount of 100 percent of 
the entered value of the imported articles.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and section 210.50 of the 
Commission's Rules of Practice and Procedure (19 CFR 210.50).

    Dated: Issued: October 24, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-27167 Filed 10-26-01; 8:45 am]
BILLING CODE 7020-02-M