[Federal Register: September 10, 1998 (Volume 63, Number 175)]
[Notices]               
[Page 48521-48522]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se98-110]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-407]

 
Certain Remodulating Channel Selectors and Systems Containing 
Same; Notice of a Commission Determination Not To Review an Initial 
Determination Terminating the Investigation on the Basis of a 
Settlement Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') granting a joint 
motion to terminate the above-captioned investigation on the basis of a 
settlement agreement.

FOR FURTHER INFORMATION: Carl P. Bretscher, Esq., Office of the General 
Counsel, U.S. International Trade Commission, telephone (202) 205-3107.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on April 10, 1998, based on a complaint filed by Ciena Corporation 
alleging that respondents Pirelli, S.p.A., Pirelli Cavi, S.p.A., and 
Pirelli Cables and Systems L.L.C. (collectively ``Pirelli'') violated 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by 
importing,

[[Page 48522]]

selling for importation, or selling within the United States after 
importation certain remodulating channel selectors and systems 
containing same that infringe certain claims of Ciena's U.S. Letters 
Patent 5,715,076.
    On May 1, 1998, Ciena and Pirelli entered into a settlement 
agreement, which included an agreement to file a joint motion to 
terminate the investigation. On June 18, 1998, Ciena and Pirelli filed 
the joint motion to terminate the investigation, which was supported by 
the Commission investigative attorney (``IA'').
    On July 31, 1998, the ALJ issued an ID (Order No. 4) granting the 
joint motion to terminate the investigation on the basis of the 
settlement agreement. None of the parties filed a petition to review 
the subject ID. The Commission subsequently determined not to review 
the subject ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule 
210.42, 19 CFR 210.42. Copies of the public version 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, S.W., Washington, 
D.C. 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).

    Issued: September 1, 1998.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-24270 Filed 9-9-98; 8:45 am]
BILLING CODE 7020-02-P