[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Notices]
[Pages 76436-76437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31346]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-817]


Certain Communication Equipment, Components Thereof, and Products 
Containing the Same, Including Power Over Ethernet Telephones, 
Switches, Wireless Access Points, Routers and Other Devices Used in 
LANs, and Cameras; Institution of Investigation

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 November 1, 2011, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
ChriMar Systems, Inc. d/b/a DMS Technologies of Farmington Hills, 
Michigan. A supplement was filed on November 10, 2011, and an amended 
complaint was filed on November 16, 2011. The complaint, as amended and 
supplemented, 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 
communication equipment, components thereof, and products containing 
the same, including power over ethernet telephones, switches, wireless 
access points, routers and other devices used in LANs, and cameras by 
reason of infringement of certain claims of U.S. Patent No. 7,457,250 
(``the '250 patent''). 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 an exclusion order 
and cease and desist orders.

ADDRESSES: The amended complaint and supplement, except for any 
confidential information contained therein, are 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 amended complaint, 
the U.S. International Trade Commission, on December 1, 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 
communication equipment, components thereof, and products containing 
the same, including power over ethernet telephones, switches, wireless 
access points, routers and other devices used in LANs and cameras that 
infringe one or more of claims 1, 2, 12, 13, 15, 19, 20, 22-26, 29-32, 
38, 45, 46, 48, 50, 52, 53, 55, 56, 58-62, 65-68, 74, 81, 82, 84, 86, 
and 88 of the '250 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue;
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which

[[Page 76437]]

this notice of investigation shall be served:
(a) The complainant is:
    ChriMar Systems, Inc., d/b/a CMS Technologies, 36528 Grand River 
Avenue, Suite A-1, Farmington Hills, MI 48335.
(b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:
    Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134.
    Cisco Consumer Products LLC, 120 Theory Drive, Irvine, CA 92617.
    Cisco Systems International B.V., Haarlerbergpark, Haarlerbergweg 
13-19, 1101 CH, Amsterdam, Netherlands.
    Cisco-Linksys LLC, 121 Theory Drive, Irvine, CA 92617.
    Hewlett-Packard Co., 3000 Hanover Street, Palo Alto, CA 94304.
    3Com Corporation, 350 Campus Drive, Marlborough, MA 01752.
    Avaya Inc., 211 Mt. Airy Road, Basking Ridge, NJ 07920.
    Extreme Networks, Inc., 3585 Monroe Street, Santa Clara, CA 95051.
(c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate 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)-(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 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 amended 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 amended 
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 1, 2011.
James R. Holbein,
Secretary to the Commission.

[FR Doc. 2011-31346 Filed 12-6-11; 8:45 am]
BILLING CODE 7020-02-P