[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