In the Matter of Certain Equipment for Telecommunications or Data Communications Networks, Including Routers, Switches, and Hubs, and Components Thereof; Notice of Decision Not To Review an Initial Determination Granting Joint Motion for Termination of the Investigation as to Certain Respondents Based on a Settlement Agreement, 34038 [E7-11940]

Download as PDF rwilkins on PROD1PC63 with NOTICES 34038 Federal Register / Vol. 72, No. 118 / Wednesday, June 20, 2007 / Notices record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On October 19, 2006, the Commission instituted an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, based on a complaint filed by American Honda Motor Company, Inc. of Torrance, California (‘‘Honda’’), alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain engines, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 5,706,769 and 6,250,273. 71 FR 61799 (Oct. 19, 2006). The complainant named Wuxi Kipor Power Co., Ltd. of Jiangsu, China (‘‘Wuxi’’) as a respondent. On January 24, 2007, the ALJ granted a motion by complainant Honda for leave to amend the complaint and the notice of investigation to add Wuxi Kama Power Co. Ltd. (‘‘Kama’’) as a respondent to the investigation. The Commission did not review that initial determination. On May 15, 2007, Honda, Wuxi, and Kama filed a joint motion pursuant to Commission rule 210.21(c) seeking termination of this investigation based upon a consent order stipulation and a proposed consent order (copies attached). The proposed consent order would terminate the investigation in its entirety. The Commission investigative attorney supported the motion in a response dated May, 15, 2007. On May 18, 2007, the ALJ issued the subject ID (Order No. 17) terminating this investigation pursuant to Commission rule 210.21(c)(1)(ii). He indicates in the ID that the consent order stipulations satisfy Commission rule 210.21(c)(3). The ALJ also considered, pursuant to Commission rule 210.21(c)(2)(ii) and 210.50(b)(2), the effect of the consent order ‘‘upon the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, and U.S. consumers.’’ The ALJ found no adverse effect on the public interest. No petitions for review of the ID were filed and the Commission has determined not to review the 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 §§ 210.21 and 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.21 and 210.42). By order of the Commission. VerDate Aug<31>2005 18:25 Jun 19, 2007 Jkt 211001 Issued: June 14, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–11889 Filed 6–19–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–574] In the Matter of Certain Equipment for Telecommunications or Data Communications Networks, Including Routers, Switches, and Hubs, and Components Thereof; Notice of Decision Not To Review an Initial Determination Granting Joint Motion for Termination of the Investigation as to Certain Respondents Based on a Settlement Agreement 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’’) initial determination (‘‘ID’’) (Order No. 27) granting the joint motion of complainant Telecordia Technologies, Inc. (‘‘Telecordia’’) and respondents Lucent Technologies, Inc., Alcatel U.S.A., Inc., and Alcatel S.A. to terminate the above captioned investigation with respect to those respondents based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Eric Frahm, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3107. 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 https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// 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: This investigation was instituted on June 16, 2006, based on a complaint filed by PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 Telecordia. The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain equipment for telecommunications or data communications networks, including routers, switches, and hubs, and components thereof, by reason of infringement of certain claims of U.S. Patent No. 4,893,306; U.S. Patent No. Re. 36,633 (‘‘the ’633 patent’’); and U.S. Patent No. 4,835,763. The amended complaint named five respondents: Lucent Technologies, Inc. of Murray Hill, New Jersey, Alcatel S.A. of France, Alcatel USA, Inc. of Plano, Texas (collectively, ‘‘Lucent and Alcatel’’); Cisco Systems, Inc. of San Jose, California; and PMC-Sierra, Inc. of Santa Clara, California. Only claims 11 and 33 of the ’633 patent remain in the investigation. On May 8, 2007, Telecordia and Lucent and Alcatel moved jointly to terminate the investigation with respect to Lucent and Alcatel, based on a settlement agreement. The Commission investigative attorney supported the motion. On May 24, 2007, the ALJ issued an ID (Order No. 27) granting the joint motion to terminate the investigation with regard to Lucent and Alcatel. The ALJ found that the joint motion complied with the requirements of Commission Rule 210.21(b)(1) and that there was no evidence that the requested termination of the investigation will prejudice the public interest. Accordingly, the ALJ terminated the investigation as to Lucent and Alcatel. No petitions for review of the ID were filed. The Commission has determined not to review the 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 15, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–11940 Filed 6–19–07; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\20JNN1.SGM 20JNN1

Agencies

[Federal Register Volume 72, Number 118 (Wednesday, June 20, 2007)]
[Notices]
[Page 34038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11940]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-574]


In the Matter of Certain Equipment for Telecommunications or Data 
Communications Networks, Including Routers, Switches, and Hubs, and 
Components Thereof; Notice of Decision Not To Review an Initial 
Determination Granting Joint Motion for Termination of the 
Investigation as to Certain Respondents Based on a Settlement Agreement

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'') initial determination (``ID'') (Order No. 27) 
granting the joint motion of complainant Telecordia Technologies, Inc. 
(``Telecordia'') and respondents Lucent Technologies, Inc., Alcatel 
U.S.A., Inc., and Alcatel S.A. to terminate the above captioned 
investigation with respect to those respondents based on a settlement 
agreement.

FOR FURTHER INFORMATION CONTACT: Eric Frahm, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3107. 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 
https://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at https://
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: This investigation was instituted on June 
16, 2006, based on a complaint filed by Telecordia. The complaint 
alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337) in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain equipment for telecommunications or data communications 
networks, including routers, switches, and hubs, and components 
thereof, by reason of infringement of certain claims of U.S. Patent No. 
4,893,306; U.S. Patent No. Re. 36,633 (``the '633 patent''); and U.S. 
Patent No. 4,835,763. The amended complaint named five respondents: 
Lucent Technologies, Inc. of Murray Hill, New Jersey, Alcatel S.A. of 
France, Alcatel USA, Inc. of Plano, Texas (collectively, ``Lucent and 
Alcatel''); Cisco Systems, Inc. of San Jose, California; and PMC-
Sierra, Inc. of Santa Clara, California. Only claims 11 and 33 of the 
'633 patent remain in the investigation.
    On May 8, 2007, Telecordia and Lucent and Alcatel moved jointly to 
terminate the investigation with respect to Lucent and Alcatel, based 
on a settlement agreement. The Commission investigative attorney 
supported the motion.
    On May 24, 2007, the ALJ issued an ID (Order No. 27) granting the 
joint motion to terminate the investigation with regard to Lucent and 
Alcatel. The ALJ found that the joint motion complied with the 
requirements of Commission Rule 210.21(b)(1) and that there was no 
evidence that the requested termination of the investigation will 
prejudice the public interest. Accordingly, the ALJ terminated the 
investigation as to Lucent and Alcatel. No petitions for review of the 
ID were filed. The Commission has determined not to review the 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 15, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-11940 Filed 6-19-07; 8:45 am]
BILLING CODE 7020-02-P
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