[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Notices]
[Pages 10278-10279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5016]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-669]


 In the Matter of Certain Optoelectronic Devices, Components 
Thereof, and Products Containing the Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 3, 2009, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Avago Technologies Fiber IP (Singapore) Pte. Ltd. of Singapore; Avago 
Technologies General IP (Singapore) Pte. Ltd. of Singapore; and Avago 
Technologies Ltd. of San Jose, California. Letters supplementing the 
Complaint were filed on February 12, 18, and 25, 2009. 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 optoelectronic devices, components 
thereof, and products containing the same that infringe certain claims 
of U.S. Patent Nos. 5,359,447 and 5,761,229. The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

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: Kecia J. Reynolds, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2580.

    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 March 3, 2009, 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 
optoelectronic devices, components thereof, or products containing the 
same that infringe one or more of claims 1-6 of U.S. Patent No. 
5,359,447 and claim 8 of U.S. Patent No. 5,761,229, 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 complainants are--

Avago Technologies Fiber IP, (Singapore) Pte. Ltd., 1 Yishun Avenue 7, 
Singapore 768923.
Avago Technologies General IP, (Singapore) Pte. Ltd., 1 Yishun Avenue 
7, Singapore 768923.
Avago Technologies Ltd., 350 West Trimble Road, Building 90, San Jose, 
California 95131.

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Emcore Corporation, 10420 Research Road SE., Albuquerque, New Mexico 
87123.

    (c) The Commission investigative attorney, party to this 
investigation, is Kecia J. Reynolds, 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, 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 respondent 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 the 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

[[Page 10279]]

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.

    Issued: March 5, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-5016 Filed 3-9-09; 8:45 am]
BILLING CODE 7020-02-P