In the Matter of Certain Network Communications Systems for Optical Networks and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Withdraw the Complaint and Terminate the Investigation; Termination of Investigation, 37432-37433 [05-12847]

Download as PDF 37432 Federal Register / Vol. 70, No. 124 / Wednesday, June 29, 2005 / Notices 2. With respect to the ‘930 patent, provide your claim construction of the phrase ‘‘path length,’’ including an analysis of any intrinsic evidence upon which you rely. 3. With respect to the Lead Frame Patents, provide your claim construction of the phrase ‘‘starting from,’’ including an analysis of any intrinsic and/or extrinsic evidence upon which you rely. 4. With respect to the Lead Frame Patents, given that the ALJ construed the term ‘‘lead frame’’ to exclude glue dots, can the glue dot at issue in the accused device be considered part of the alleged equivalent in assessing infringement under the doctrine of equivalents? 5. Assuming the answer to the previous question is ‘‘yes,’’ are the three ground leads plus the glue dot at issue in the accused device equivalent to the claimed external connections, especially with respect to the limitation ‘‘starting from said chip carrier part run toward the outside in a stellate form?’’ (You should discuss the ‘‘function, way, result’’ test in your analysis.) In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue one or more cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is VerDate jul<14>2003 17:40 Jun 28, 2005 Jkt 205001 therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the President has 60 days to approve or disapprove the Commission’s action. During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed. Written Submissions: The parties to the investigation are requested to file written submissions on the issues identified in this notice. The written submissions should be concise and should thoroughly reference the record. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the May 10, 2005, recommended determination by the ALJ on remedy and bonding. Complainants and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainants are also requested to state the dates that the patents expire and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on July 8, 2005. Reply submissions must be filed no later than the close of business on July 15, 2005. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 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 210.42–46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–46). By order of the Commission. Issued: June 24, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–12846 Filed 6–28–05; 8:45 am] BILLING CODE 7020–02–M INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–535] In the Matter of Certain Network Communications Systems for Optical Networks and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Withdraw the Complaint and Terminate the Investigation; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’s’’) initial determination (‘‘ID’’) granting a motion to withdraw the complaint and terminate the abovecaptioned investigation. FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202– 205–3152. Copies of the ID and all nonconfidential 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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. General information concerning the Commission may also be obtained by accessing its Internet server (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. SUPPLEMENTARY INFORMATION: The Commission instituted this patent-based E:\FR\FM\29JNN1.SGM 29JNN1 Federal Register / Vol. 70, No. 124 / Wednesday, June 29, 2005 / Notices section 337 investigation on March 30, 2005, based on a complaint filed by Ciena Corporation, of Linthicum, Maryland (‘‘Ciena ‘‘). 70 FR 16304. The respondents named in the notice of investigation are Nortel Networks Corporation and Nortel Networks Limited, of Brampton, Ontario, Canada; Nortel Networks, Inc., of Richardson, Texas; and Flextronics International Ltd., and Flextronic Telecom Systems Ltd., of Port Louis, Mauritius. The complaint alleged that respondents violated section 337 by importing into the United States, selling for importation, and/or selling within the United States after importation certain network communications systems for optical networks and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,978,115 and 6,618,176. On June 7, 2005, the presiding ALJ issued the subject ID, Order No. 6, granting a motion filed by Ciena pursuant to rule Commission rule 210.21(a) to terminate the investigation on the basis of withdrawal of the complaint. No party filed a petition for review of the subject ID. 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 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). By order of the Commission. Issued: June 23, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–12847 Filed 6–28–05; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 340–E and H (Second Review)] Solid Urea From Russia and Ukraine United States International Trade Commission. ACTION: Revised schedule for the subject reviews. AGENCY: DATES: Effective July 23, 2005. FOR FURTHER INFORMATION CONTACT: Olympia DeRosa Hand (202–205–3182), Office of Investigations, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special VerDate jul<14>2003 17:40 Jun 28, 2005 Jkt 205001 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 (http:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. On April 7. 2005, the Commission established a schedule for the conduct of the second reviews of the subject investigations (70 FR 19502, April 13, 2005). The Commission has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). The Commission, therefore, is revising its schedule to conform with its extension. The Commission’s new schedule for the reviews is as follows: requests to appear at the hearing must be filed with the Secretary to the Commission not later than September 12, 2005; the prehearing conference will be held at the U.S. International Trade Commission Building at 9:30 a.m. on September 14, 2005; the prehearing staff report will be placed in the nonpublic record on September 1, 2005; the deadline for filing prehearing briefs is September 13, 2005; the hearing will be held at the U.S. International Trade Commission Building at 9:30 a.m. on September 22, 2005; the deadline for filing posthearing briefs is October 3, 2005; the Commission will make its final release of information on November 7, 2005; and final party comments are due on November 9, 2005. For further information concerning the conduct of these reviews and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). SUPPLEMENTARY INFORMATION: Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. Issued: June 24, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–12848 Filed 6–28–05; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 37433 INTERNATIONAL TRADE COMMISSION [USITC SE–05–025] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: July 12, 2005, at 11 a.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: none. 2. Minutes. 3. Ratification List. 4. Inv. No. 731–TA–282 (Second Review) (Petroleum Wax Candles From China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before July 28, 2005.) 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: June 24, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–12896 Filed 6–27–05; 10:36 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Parole Commission [6P04091] Public Announcement; Sunshine Act Pursuant to the Government in the Sunshine Act, (Public Law 94–409) (5 U.S.C. Section 552b). AGENCY HOLDING MEETING: Department of Justice, United States Parole Commission. TIME AND DATE: 2 p.m., Tuesday, July 5, 2005. PLACE: 5550 Friendship Blvd., Fourth Floor, Chevy Chase, MD 20815. STATUS: Open. MATTER TO BE CONSIDERED: The following matter has been placed on the agenda for the open Parole Commission meeting: Consideration of rule and procedures to be followed for reviewing a decision pursuant to 28 CFR 2.27, upon request of the Attorney General as provided in 18 U.S.C. 4215(c). E:\FR\FM\29JNN1.SGM 29JNN1

Agencies

[Federal Register Volume 70, Number 124 (Wednesday, June 29, 2005)]
[Notices]
[Pages 37432-37433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12847]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-535]


In the Matter of Certain Network Communications Systems for 
Optical Networks and Components Thereof; Notice of a Commission 
Determination Not To Review an Initial Determination Granting a Motion 
To Withdraw the Complaint and Terminate the Investigation; Termination 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') granting a 
motion to withdraw the complaint and terminate the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3152. Copies of the ID and 
all nonconfidential 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. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (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.

SUPPLEMENTARY INFORMATION: The Commission instituted this patent-based

[[Page 37433]]

section 337 investigation on March 30, 2005, based on a complaint filed 
by Ciena Corporation, of Linthicum, Maryland (``Ciena ``). 70 FR 16304. 
The respondents named in the notice of investigation are Nortel 
Networks Corporation and Nortel Networks Limited, of Brampton, Ontario, 
Canada; Nortel Networks, Inc., of Richardson, Texas; and Flextronics 
International Ltd., and Flextronic Telecom Systems Ltd., of Port Louis, 
Mauritius. The complaint alleged that respondents violated section 337 
by importing into the United States, selling for importation, and/or 
selling within the United States after importation certain network 
communications systems for optical networks and components thereof by 
reason of infringement of certain claims of U.S. Patent Nos. 5,978,115 
and 6,618,176.
    On June 7, 2005, the presiding ALJ issued the subject ID, Order No. 
6, granting a motion filed by Ciena pursuant to rule Commission rule 
210.21(a) to terminate the investigation on the basis of withdrawal of 
the complaint. No party filed a petition for review of the subject ID.
    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 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    By order of the Commission.

    Issued: June 23, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-12847 Filed 6-28-05; 8:45 am]
BILLING CODE 7020-02-P