[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]
[Page 34038]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn07-127]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-574]
In the Matter of Certain Equipment for Telecommunications or Data
Communications Networks, Including Routers, Switches, and Hubs, and
Components Thereof; Notice of Decision Not To Review an Initial
Determination Granting Joint Motion for Termination of the
Investigation as to Certain Respondents Based on 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'') initial determination (``ID'') (Order No. 27)
granting the joint motion of complainant Telecordia Technologies, Inc.
(``Telecordia'') and respondents Lucent Technologies, Inc., Alcatel
U.S.A., Inc., and Alcatel S.A. to terminate the above captioned
investigation with respect to those respondents based on a settlement
agreement.
FOR FURTHER INFORMATION CONTACT: Eric Frahm, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3107. Copies of non-
confidential 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. 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 (EDIS) at http://.
edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: This investigation was instituted on June
16, 2006, based on a complaint filed by Telecordia. The complaint
alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C.
1337) in the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain equipment for telecommunications or data communications
networks, including routers, switches, and hubs, and components
thereof, by reason of infringement of certain claims of U.S. Patent No.
4,893,306; U.S. Patent No. Re. 36,633 (``the '633 patent''); and U.S.
Patent No. 4,835,763. The amended complaint named five respondents:
Lucent Technologies, Inc. of Murray Hill, New Jersey, Alcatel S.A. of
France, Alcatel USA, Inc. of Plano, Texas (collectively, ``Lucent and
Alcatel''); Cisco Systems, Inc. of San Jose, California; and PMC-
Sierra, Inc. of Santa Clara, California. Only claims 11 and 33 of the
'633 patent remain in the investigation.
On May 8, 2007, Telecordia and Lucent and Alcatel moved jointly to
terminate the investigation with respect to Lucent and Alcatel, based
on a settlement agreement. The Commission investigative attorney
supported the motion.
On May 24, 2007, the ALJ issued an ID (Order No. 27) granting the
joint motion to terminate the investigation with regard to Lucent and
Alcatel. The ALJ found that the joint motion complied with the
requirements of Commission Rule 210.21(b)(1) and that there was no
evidence that the requested termination of the investigation will
prejudice the public interest. Accordingly, the ALJ terminated the
investigation as to Lucent and Alcatel. No petitions for review of the
ID were filed. The Commission has determined not 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 section 210.42 of the Commission's Rules of Practice and Procedure
(19 CFR 210.42).
By order of the Commission.
Issued: June 15, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-11940 Filed 6-19-07; 8:45 am]
BILLING CODE 7020-02-P