[Federal Register: June 21, 2001 (Volume 66, Number 120)]
[Notices]
[Page 33271-33272]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jn01-65]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-455]
Notice of Decision To Review Two Initial Determinations Granting
Intervention but Denying Respondent Status; Grant of Motion for Leave
To File a Reply
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.
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review 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 them
respondent status. The Commission has also granted Intersil's motion
for leave to file a reply brief. No further submissions are requested
of the parties.
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
[[Page 33272]]
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 petition for
review of Order No. 12. No party petitioned for review of Order No.13.
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 210.42, 210.43, and 210.44 of the Commission's Rules of
Practice and Procedure (19 CFR Sec. 210.42, 210.43, and 210.44).
Issued: June 18, 2001.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-15635 Filed 6-20-01; 8:45 am]
BILLING CODE 7020-02-P