[Federal Register: June 17, 2003 (Volume 68, Number 116)]
[Notices]               
[Page 35912-35913]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn03-82]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation 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 a Commission 
Determination Not To Review an Initial Determination Terminating the 
Investigation on the Basis of a Settlement Agreement

AGENCY: 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 CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3152. Copies of the public 
version of the ID and all 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-

[[Page 35913]]

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) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on April 9, 2001, based on a complaint filed by Proxim, Inc. 
(``Proxim'') against 14 respondents. Three companies subsequently 
intervened, including Agere Systems Inc. (``Agere''). In its complaint, 
Proxim contended that respondents'' accused products infringed the 
patent claims in issue because they contained either semiconductors 
made by intervenor Agere (``the Agere parties'') or by respondent 
Intersil Corp. (``the Intersil parties'').
    On September 25, 2002, the Commission determined not to review an 
ID by the then presiding ALJ terminating the investigation as to the 
Agere parties on the basis of a settlement agreement. Only the Intersil 
parties then remained in the investigation.
    On March 17, 2003, Proxim and Intersil entered into a settlement 
agreement. On May 5, 2003, Proxim and the Intersil parties filed a 
joint motion to terminate the investigation on the basis of the 
settlement agreement. The Commission investigative attorney supported 
the joint motion.
    On May 15, 2003, the current presiding ALJ issued the subject ID 
(Order No. 106) granting the joint motion of Proxim and the Intersil 
parties to terminate the investigation on the basis of a settlement 
agreement. No party filed a petition to review the 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 Sec.  210.42 of the Commission's rules of practice and procedure (19 
CFR Sec.  210.42).

    Issued: June 11, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-15250 Filed 6-16-03; 8:45 am]

BILLING CODE 7020-02-P