[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Notices]
[Pages 70983-70984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20763]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-589]


In the Matter of Certain Switches 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 November 6, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
ATEN International Co., Ltd. of Taiwan and ATEN Technology, Inc. of 
Irvine, California. A supplement to the complaint was filed on November 
27, 2006. The 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 switches and 
products containing same by reason of infringement of U.S. Patent No. 
7,035,112. The complaint further alleges that an industry in the United 
States exists or is in the process of being established 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 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: Anne M. Goalwin, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2574.

    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 (2006).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 1, 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 switches or 
products containing same by reason of infringement of one or more of 
claims 1 and 12-21 of U.S. Patent No. 7,035,112, and whether an 
industry in the United States exists or is in the process of being 
established 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 complainants are--

ATEN International Co., Ltd., 3F, No. 125, Sec. 2, Datung Road, Shijr 
City, Taipei, Taiwan 221.
ATEN Technology, Inc., 23 Hubble Drive, Irvine, CA 92618.

    (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:

Belkin Corporation, 501 West Walnut Street, Compton, CA 90220.
Belkin Logistics, Inc., 501 West Walnut Street, Compton, CA 90220.
Emine Technology Co., Ltd., 8 Fl., No. 6, Sec. 2, Nan-Jing E. Rd., 
Taipei, Taiwan.
JustCom Tech, Inc., 2283 Paragon Drive, San Jose, CA 95131.

[[Page 70984]]

RATOC Systems, Inc., 6-14 Shikitsu Higashi 1-chome, Naniwa-ku, Osaka-
shi, Osaka 556-0012, Japan.
RATOC Systems International, Inc., 2000 Wyatt Drive, Suite 9, Santa 
Clara, CA 95054.
    (c) The Commission investigative attorney, party to this 
investigation, is Anne M. Goalwin, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses to the 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 complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
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 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 respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and 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: December 4, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-20763 Filed 12-6-06; 8:45 am]
BILLING CODE 7020-02-P