[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Notices]
[Pages 16304-16305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6299]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-535]


Certain Network Communications Systems for Optical Networks and 
Components Thereof; 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 February 25, 2005, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ciena Corporation of Linthicum, Maryland. An amended complaint was 
filed on March 14, 2005. The amended complaint 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 communications systems for optical networks and 
components thereof by reason of infringement of claims 5-11, 13 and 14 
of U.S. Patent No. 5,978,115 and claims 1-25 and 27-37 of U.S. Patent 
No. 6,618,176. 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 amended 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, 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 (http://www.usitc.gov/). The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair

[[Page 16305]]

Import Investigations, U.S. International Trade Commission, telephone 
202-205-2576.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section Sec.  210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2004).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on March 23, 2005, 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 
communications systems for optical networks or components thereof by 
reason of infringement of one or more of claims 5-11, 13 and 14 of U.S. 
Patent No. 5,978,115 and claims 1-25 and 27-37 of U.S. Patent No. 
6,618,176, 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--Ciena Corporation, 1201 Winterson Road, 
Linthicum, Maryland 21090.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:
    Nortel Networks Corporation, 8200 Dixie Road, Brampton, Ontario, 
Canada L6T 5P6.
    Nortel Networks Limited, 8200 Dixie Road, Brampton, Ontario, Canada 
L6T 5P6.
    Nortel Networks, Inc., 2221 Lakeside Boulevard, Richardson, Texas 
75082.
    Flextronics International Ltd., One Marina Boulevard, 28-
00, Singapore 018989.
    Flextronics Telecom Systems Ltd., 802 St. James Court, St. Denis 
Street, Port Louis, Mauritius.
    (c) David O. Lloyd, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Suite 401, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock is designated as the presiding administrative law judge.
    Responses to the amended 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 not later than 20 days 
after the date of service by the Commission of the amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended complaint and the notice of investigation will 
not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
complaint and this notice and to enter a final determination containing 
such findings, and may result in the issuance of a limited exclusion 
order or cease and desist order or both directed against the 
respondent.

    Issued: March 24, 2005.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-6299 Filed 3-29-05; 8:45 am]
BILLING CODE 7020-02-P