[Federal Register Volume 71, Number 10 (Tuesday, January 17, 2006)]
[Notices]
[Pages 2565-2566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-370]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-559]


In the Matter of Certain Digital Processors and Digital 
Processing Systems, Components Thereof, and Products Containing Same 
Notice of Investigation

AGENCY: U.S. 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 December 9, 2005, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
BIAX Corporation of Boulder, Colorado. An amended complaint was filed 
on December 29, 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 digital processors and digital processing systems, components 
thereof, and products containing same by reason of infringement of 
claims 3, 4, 6, 8-12, and 36 of U.S. Patent No. 5,021,945, claims 18-
20, 23, and 25-27 of U.S. Patent No. 5,517,628, and claims 3-11, 13, 
14, 19, and 21-25 of U.S. Patent No. 6,253,313. The amended 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 at 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: Benjamin D.M. Wood, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2582.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2005).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on January 9, 2006, 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 digital 
processors or digital processing systems, components thereof, or 
products containing same by reason of

[[Page 2566]]

infringement of one or more of claims 3, 4, 6, 8-12, and 36 of U.S. 
Patent No. 5,021,945, claims 18-20, 23, and 25-27 of U.S. Patent No. 
5,517,628, and claims 3-11, 13, 14, 19, and 21-25 of U.S. Patent No. 
6,253,313, 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--
    BIAX Corporation, 1942 Broadway, Suite 404, Boulder, Colorado 
80302.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
    Philips Semiconductors B.V., Bldg. BE P, PO Box 218, 5600 
Eindhoven, Netherlands.
    Philips Consumer Electronics Services B.V., Boschdjik 525, Postbus 
90050, 5600 PB Eindhoven, Netherlands.
    Philips Consumer Electronics North America Corp., 64 Perimeter 
Center East, Atlanta, GA 30346.
    2Wire, Inc., 1704 Automation Parkway, San Jose, CA 95131.
    (c) Benjamin D.M. Wood, 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 Sidney 
Harris 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 section 
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 complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the 
respondents, to find the facts to be as alleged in the 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.

    By order of the Commission.

    Issued: January 9, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-370 Filed 1-13-06; 8:45 am]
BILLING CODE 7020-02-P