[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Notices]
[Pages 36154-36155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15365]


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 INTERNATIONAL TRADE COMMISSION

 [Inv. No. 337-TA-778]


 In the Matter of Certain Equipment for Communications Networks, 
Including Switches, Routers, Gateways, Bridges, Wireless Access Points, 
Cable Modems, IP Phones, and Products Containing Same; Notice of 
Institution of Investigation; Institution of Investigation Pursuant to 
19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 17, 2011, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
MOSAID Technologies Inc. of Canada. Letters supplementing the complaint 
were filed on June 6 and June 7, 2011. 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 equipment for communications networks, including 
switches, routers, gateways, bridges, wireless access points, cable 
modems, IP phones, and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 7,035,280 (``the `280 
patent'');

[[Page 36155]]

U.S. Patent No. 7,292,600 (``the `600 patent''); U.S. Patent No. 
7,830,858 (``the `858 patent''); U.S. Patent No. 6,842,459 (``the `459 
patent''); U.S. Patent No. 7,633,966 (``the `966 patent''); and U.S. 
Patent No. 5,841,360 (`` the `360 patent''). 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 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 this investigation may be viewed on the 
Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone 202-205-
2560.
    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 (2011).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 15, 2011, 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 equipment 
for communications networks, including switches, routers, gateways, 
bridges, wireless access points, cable modems, IP phones, and products 
containing same that infringe one or more of claims 1, 5, 9, 11-13, 15, 
18, 19, 23, 27, 30, 31, 36, 43, 45, 46, and 51 of the `280 patent; 
claims 12, 13, 17, 18, 44-46, 50-53, 57, 58, 83, and 139 of the `600 
patent; claims 34-39, 111-114, 118, 120-131 of the `858 patent; claims 
15-17 and 20-25 of the `459 patent; claims 1, 3, 5, 6, and 9 of the 
`966 patent; and claims 1, 6, and 9 of the `360 patent, 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: MOSAID Technologies Inc., 11 Hines Road, 
Suite 203, Ottawa, ON K2K 2X1, Canada.
    (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:

Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134-1706;
Cisco Consumer Products LLC, 120 Theory Drive, Irvine, CA 92617.
Cisco Systems International B.V., Harrlerbergweg 13-19, Amsterdam, 1101 
CH, Netherlands.
Scientific Atlanta LLC, 5030 Sugarloaf Parkway, Lawrenceville, GA 
30044.
    (c) The 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 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)-(e) 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: June 16, 2011.
James R. Holbein.
Secretary to the Commission.
[FR Doc. 2011-15365 Filed 6-20-11; 8:45 am]
BILLING CODE 7020-02-P