[Federal Register Volume 67, Number 52 (Monday, March 18, 2002)]
[Notices]
[Pages 12046-12047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6461]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-439]


In the Matter of: Certain HSP Modems, Software and Hardware 
Components Thereof, and Products Containing Same; Notice of a 
Commission Determination To Grant a Joint Motion To Terminate the 
Investigation on the Basis of a Settlement Agreement

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to grant a joint motion to terminate the 
above-captioned investigation on the basis of a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Tim Monaghan, Esq., telephone 202-205-
3152, Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW, Washington, DC 20436. Copies of all 
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. 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. Hearing-impaired persons are advised that 
information on the matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

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 June 28, 2001, the Commission determined not to review an 
ID on the merits terminating the investigation as to respondent Smart 
Link on the basis of a settlement agreement. On October 18, 2001, the 
ALJ issued his final ID in the investigation, and on December 6, 2001, 
the Commission determined to review portions of the final ID and to 
extend the target date for completion of the investigation by 45 days, 
to March 4, 2002. On Friday, February 22, 2002, complainant PCTEL and 
respondent ESS filed a joint motion to terminate the investigation 
based on a settlement agreement. On March 4, 2002, the Commission 
determined to extend the target date for completion of the 
investigation by 17 days, until March 21, 2002, to allow sufficient 
time for the Commission investigative attorney (``IA'') to respond to 
the motion to terminate and for the Commission to rule on the motion. 
On March 6, 2002, the IA filed a response in support of the joint 
motion to terminate. This action is taken under the authority of 
section 337

[[Page 12047]]

of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 
210.21 and 210.50 of the Commission's Rules of Practice and Procedure, 
(19 CFR 210.21 and 210.50)

    By order of the Commission.

    Issued: March 13, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-6461 Filed 3-15-02; 8:45 am]
BILLING CODE 7020-02-P