[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Notices]
[Pages 65713-65714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26631]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-860]
Certain Optoelectronic Devices for Fiber Optic Communications,
Components Thereof, and Products Containing the Same; Notice of
Institution of Investigation
Institution of investigation pursuant to 19 U.S.C. 1337.
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 September 25, 2012, under
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on
behalf of Avago Technologies Fiber IP (Singapore) Pte. Ltd. of
Singapore; Avago Technologies General IP (Singapore) Pte. Ltd. of
Singapore; and Avago Technologies U.S. Inc. of San Jose, California.
Letters supplementing the complaint were filed on October 4, October
16, and October 17, 2012. The complaint 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 optoelectronic devices for fiber optic communications,
components thereof, and products containing the same by reason of
infringement of certain claims of U.S. Patent No. 6,947,456 (``the '456
patent'') and U.S. Patent No. 5,596,595 (``the '595 patent''). The
complaint further alleges that an industry in the United States exists
as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist order.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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 (2012).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 24, 2012, 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
optoelectronic devices for fiber optic communications, components
thereof, and products containing the same that infringe one or more of
claims 1, 2, 4, 6-8, 11-13, 15, and 20-24 of the '456 patent and claims
14, 17, and 19 of the '595 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, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1),
(f)(1), (g)(1);
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Avago Technologies Fiber IP, (Singapore) Pte. Ltd., 1 Yishun Avenue 7,
Singapore 768923.
Avago Technologies General IP, (Singapore) Pte. Ltd., 1 Yishun Avenue
7, Singapore 768923.
Avago Technologies U.S. Inc., 350 West Trimble Road, Building 90, San
Jose, CA 95131.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
IPtronics A/S, Langebjergvaenget 8B st, DK-40000 Roskilde, Denmark.
IPtronics Inc., 1370 Willow Road, Menlo Park, CA 94025.
FCI USA, LLC, 825 Old Trail Road, Etters, PA 17319.
FCI Deutschland GmbH, 175 Holzhauser Str, Floor E, Berlin 13509,
Germany.
FCI SA, Immeuble Calypso, 18 Parc Ariane III, 3-5 Rue Alfred Kastler,
78280 Guyancourt, France.
Mellanox Technologies, Inc., 350 Oakmead Parkway, Suite 100, Sunnyvale,
CA 94085.
Mellanox Technologies Ltd., Beit Mellanox, Yokneam, Israel 20692.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) 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 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 complaint and the notice
of investigation. Extensions of time for submitting responses to the
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 complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the 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 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.
[[Page 65714]]
By order of the Commission.
Issued: October 25, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-26631 Filed 10-29-12; 8:45 am]
BILLING CODE 7020-02-P