[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77839-77840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30176]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-662]


In the Matter of Certain Tunable Laser Chips, Assemblies 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 7, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
JDS Uniphase Corporation of Milpitas, California. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation, of certain tunable laser chips, assemblies, and 
products containing same that infringes certain claims of U.S. Patent 
Nos. 6,658,035 and 6,687,278. The complaint, as supplemented, 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 an exclusion order 
and 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

[[Page 77840]]

this investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Mareesa A. Frederick, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2055.
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 (2008).
Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 4, 2008, 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 tunable 
laser chips, assemblies, and products containing same that infringes 
one or more of claims 1, 3, 4, 30-39, 43-49, 51, 67-73, and 77-80 of 
U.S. Patent No. 6,658,035 and claims 1-6, 8-10, 12-17, 19-21, and 23-26 
of U.S. Patent No. 6,687,278, 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--JDS Uniphase Corporation, 430 N. McCarthy 
Boulevard, Milpitas, California 95035.
    (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:
    Bookham, Inc., 2584 Junction Avenue, San Jose, California 95134;
    Syntune AB, Torshamnsgatan 30A, S-164 40, Kista, Sweden;
    Cyoptics, Inc., 9999 Hamilton Boulevard, Breinigsville, 
Pennsylvania 18031;
    Tellabs, Inc., One Tellabs Center, 1415 West Diehl Road, 
Naperville, Illinois 60563;
    Adva Optical Networking, Campus Martinsried, Fraunhoferstrasse 9a, 
82152 Martinsried/Munich, Germany;
    Ciena Corp., 1201 Winterson Road, Linthicum, Maryland 21090;
    Nortel Networks Corp., 195 The West Mall, Toronto, Ontario, Canada, 
M9C 5K1.
    (c) The Commission investigative attorney, party to this 
investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401, Washington, DC 20436; and
    (3) For the investigation so instituted, Paul J. Luckern, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate 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 an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: December 5, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-30176 Filed 12-18-08; 8:45 am]
BILLING CODE 7020-02-P