[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Notices]
[Pages 16296-16297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05865]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-860]
Certain Optoelectronic Devices for Fiber Optic Communications,
Components Thereof, and Products Containing Same; Commission
Determination Not To Review an Initial Determination Granting
Complainants Avago Technologies General IP (Singapore) Pte. Ltd.'s and
Avago Technologies U.S. Inc.'s Motion To Amend the Complaint and Notice
of 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 (``the Commission'') has determined not to review an initial
determination (``ID'') (Order No. 8) issued by the presiding
administrative law judge (``ALJ'') in the above-captioned investigation
granting a motion of complainants Avago Technologies General IP
(Singapore) Pte. Ltd. of Singapore (``Avago General IP'') and Avago
Technologies U.S. Inc. of San Jose, California (``Avago Technologies'')
to amend the complaint and notice of investigation (``NOI'').
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
[[Page 16297]]
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3115. 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: This investigation was instituted by notice
on October 25, 2012, based upon a complaint filed by Avago Technologies
Fiber IP (Singapore) Pte. Ltd. of Singapore (``Avago Fiber IP''); Avago
General IP and Avago Technologies alleging a violation of section 337
in the importation, sale for importation, or 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 Nos.
6,947,456 and 5,596,595 (collectively, ``Asserted Patents''). 77 FR
65713 (Oct. 30, 2012). The Commission named IPtronics A/S of Roskilde,
Denmark; IPtronics Inc. of Menlo Park, California; FCI USA, LLC, of
Etters, Pennsylvania; FCI Deutschland GmbH of Berlin, Germany; FCI SA
of Guyancourt, France; Mellanox Technologies, Inc. of Sunnyvale,
California; and Mellanox Technologies Ltd. of Yokneam, Israel
(collectively, ``Respondents'') as respondents. The Commission also
named the Office of Unfair Import Investigations (``OUII'') as a party
in this investigation.
On December 21, 2012, complainants Avago General IP and Avago
Technologies (collectively, ``Avago'') filed a motion to amend the
complaint and NOI to reflect the merger of original complainants, Avago
Fiber IP and Avago General IP. Avago also moved to amend the complaint
and NOI to reflect the change in ownership of the Asserted Patents from
Avago Fiber IP to Avago General IP by virtue of an assignment from the
merger. The motion states that Avago General IP remains the sole
surviving entity as a result of the merger and that the OUII does not
oppose the motion. On January 4, 2013, Respondents opposed the motion.
Specifically, the Respondents opposed the withdrawal of Avago Fiber IP
as a complainant; they did not oppose the amendments that reflect the
assignment of the Asserted Patents to Avago General IP.
On February 7, 2013, the ALJ issued the subject ID granting Avago's
motion. The ALJ found that good cause exists and that the interests of
the parties and the public will be best served by amending the
complaint and NOI. No party petitioned for review of the ID. The
Commission has determined not to review 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 sections 210.21 and 210.42(h) of the Commission's Rules of Practice
and Procedure, 19 CFR 210.21, 210.42(h).
Issued: March 8, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-05865 Filed 3-13-13; 8:45 am]
BILLING CODE 7020-02-P