[Federal Register: July 13, 2001 (Volume 66, Number 135)]
[Notices]
[Page 36802]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy01-80]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-455]
In the Matter of Certain Network Interface Cards and Access
Points for Use in Direct Sequence Spread Spectrum Wireless Local Area
Networks and Products Containing Same; Notice of Decision to Affirm Two
Initial Determinations Granting Intervention but Denying Respondent
Status
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to adopt two initial determinations (``IDs'')
(Orders Nos. 12 and 13) issued by the presiding administrative law
judge (ALJ) in the above-captioned investigation, granting the motions
of Intersil Corporation (``Intersil'') and Agere Systems, Inc.
(``Agere''), respectively, to intervene, but denying the parties
respondent status. The Commission has also issued an opinion clarifying
its views on intervention.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3115. Copies of the
ALJ's ID and all other 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-ON-LINE) at http://dockets.usitc.gov/eol/public.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 9, 2001, based on a complaint filed by Proxim, Inc.
(``Proxim'') against 14 entities other than Intersil or Agere. The
notice of investigation was published in the Federal Register on April
9, 2001. 66 FR 18507. The complaint alleges violations of section 337
of the Tariff Act of 1930 in the importation into the United States,
sale for importation, and/or sale within the United States after
importation of certain wireless network interface cards and access
points by reason of infringement of certain U.S. patents owned by
Proxim. On April 16, 2001, Intersil and Agere each filed separate
motions to intervene as respondents in the investigation.
Proxim filed a response to Intersil's motion in which it opposed
the intervention of Intersil as a respondent, but did not object if
Intersil was permitted to become a party to the investigation as an
intervenor. The Commission investigative attorney (``IA'') supported
intervention of Intersil as an intervenor, but not as a respondent.
Proxim and the IA did not oppose intervention of Agere. However,
Proxim noted that Agere failed to state why it should be considered a
respondent rather than an intervenor and, therefore, Proxim saw no
reason to designate Agere as a respondent. The IA supported
intervention of Agere as an intervenor, but opposed granting Agere
respondent status.
On May 8, 2001, and on May 15, 2001, the ALJ issued two IDs (Orders
Nos. 12 and 13) allowing Intersil and Agere, respectively, to become
intervenors in the present investigation, but denying Intersil and
Agere respondent status. On May 18, 2001, Intersil filed a petition for
review of Order No. 12. No party petitioned for review of Order No.13.
On June 15, 2001, the Commission determined to review both IDs because
they affected Commission policy.
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 210.45 of the Commission's Rules of Practice and Procedure
(19 CFR 210.45).
Issued: July 9, 2001.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-17502 Filed 7-12-01; 8:45 am]
BILLING CODE 7020-02-P