[Federal Register Volume 77, Number 170 (Friday, August 31, 2012)]
[Notices]
[Pages 53234-53235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21491]


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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; Commission Determination Not to Review Initial 
Determinations Terminating Respondent Avaya Inc. Based on Settlement 
and Terminating the Investigation Based on Withdrawal of the Complaint; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review two initial determinations 
(``IDs'') (Order Nos. 23-24) of the presiding administrative law judge 
(``ALJ'') granting a joint motion by Complainant and Respondent Avaya 
Inc. (``Avaya'') to terminate the investigation for Respondent Avaya 
based on settlement and a motion by Complainant to terminate the 
investigation in its entirety based on withdrawal of the complaint.

FOR FURTHER INFORMATION CONTACT: Amanda S. Pitcher, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2737. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 20436, 
telephone (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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 7, 2011, based on a complaint filed by ChriMar Systems, 
Inc. d/b/a DMS Technologies (``ChriMar'') of Farmington Hills, 
Michigan. 76 FR 76436-37 (Dec. 7, 2011). The complaint alleges a 
violation of section 337 by reason of infringement of certain claims of 
U.S. Patent No. 7,457,250 by 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. The Notice of Investigation 
named a number of respondents, including Avaya of Basking Ridge, New 
Jersey; Cisco Consumer Products LLC of Irvine, California, Cisco 
Systems International B.V. of the Netherlands, Cisco-Linksys LLC of 
Irvine, California (collectively, ``Cisco''); Hewlett-Packard Co. 
(``HP'') of Palo Alto, California; and Extreme Networks, Inc. 
(``Extreme'') of Santa Clara, California.

[[Page 53235]]

    On July 18, 2012, ChriMar and Avaya filed a joint motion to 
terminate respondent Avaya from the investigation based on settlement. 
The Commission investigative attorney filed a response in support of 
the motion and the remaining respondents did not oppose the motion. On 
August 1, 2012, the ALJ issued Order No. 23 granting the motion. 
ChriMar and Avaya represented that there are no other agreements, 
written or oral, express or implied, between them. The ALJ found that 
there is no evidence that the settlement agreement would have an 
adverse impact on the public interest. No petitions for review of Order 
No. 23 were filed.
    On July 20, 2012, ChriMar filed a motion for termination of the 
investigation in its entirety based on withdrawal of the complaint 
against respondents Cisco, Extreme and HP. Cisco, Extreme, HP and the 
Commission investigative attorney filed responses in support of the 
motion. On August 1, 2012, the ALJ granted ChriMar's motion. Order No. 
24. The ALJ found that there is good cause for termination based on 
withdrawal of the complaint. In addition, the ALJ stated that he is not 
aware of ``extraordinary circumstances'' that would preclude granting 
the motion to terminate. No petitions for review of Order No. 24 were 
filed.
    The Commission has determined not to review the IDs.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42-44 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42-44).

    By order of the Commission.

    Issued: August 27, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-21491 Filed 8-30-12; 8:45 am]
BILLING CODE 7020-02-P