[Federal Register: January 13, 2004 (Volume 69, Number 8)]
[Notices]
[Page 2004-2005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja04-78]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-504]
In the Matter of Certain Signature Capture Transaction Devices
and Component Parts Thereof, and Systems That Employ Such Devices;
Notice of Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 9, 2003, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
NCR Corporation of Dayton, Ohio. An amended complaint was filed on
December 24, 2003, and a supplement to the amended complaint was filed
on December 29, 2003. The complaint, as amended and supplemented,
alleges violations of section 337 in the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain signature capture transaction devices and
component parts thereof, and systems that employ such devices, by
reason of infringement of claims 20, 46, 55, and 65 of U.S. Patent No.
6,539,363. The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a permanent exclusion
order and permanent cease and desist orders.
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 imaging system (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Jeffrey R. Whieldon, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2580.
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 (2003).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 6, 2004, 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 signature
capture transaction devices, or component parts thereof, or systems
that employ such devices by reason of infringement of claims 20, 46,
55, or 65 of U.S. Patent No. 6,539,363 and whether an industry in the
United States exists as required by subsection (a)(2) of section 337.
(2) 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 complainant is--NCR Corporation, 1700 South Patterson
Boulevard, Dayton, Ohio 45479-0001.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are parties upon which the complaint is
to be served:
Ingenico S.A., d/b/a, Groupe Ingenico, 9, Quai de Dion Bouton,
92816. Puteaux Cedex, France.
Ingenico Corp., 1003 Mansell Road, Roswell, Georgia 30076.
SMTC Corporation, 635 Hood Road, Markham, Ontario, Canada L3R4N6.
(c) Jeffrey R. Whieldon Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Suite 401, Washington, DC 20436, who shall be the Commission
investigative attorney, party to this investigation; and
(4) For the investigation so instituted, the Honorable Charles E.
Bullock is
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designated as 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) 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 the 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 a final determination containing such findings, and may result
in the issuance of a limited exclusion order or cease and desist order
or both directed against such respondent.
By order of the Commission.
Issued: January 7, 2004.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-674 Filed 1-12-04; 8:45 am]
BILLING CODE 7020-02-P