[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Notices]
[Pages 21789-21790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10183]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-430]


Certain Integrated Repeaters and Products Containing Same; Notice 
of Investigation

AGENCY: U.S. 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 March 23, 2000, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Level One Communications, Inc., 9750 Goethe Rd., Sacramento, California 
95827. A supplement to the complaint was filed on April 13, 2000. The 
complaint, as supplemented, alleges a violation 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 integrated 
repeaters and products containing same by reason of infringement of 
claims 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of U.S. Letters Patent 
5,742,603. The complaint further alleges that there exists an industry 
in the United States as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and a permanent cease and desist order.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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 be 
obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2572.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
Sec. 210.10 of the Commission's rules of practice and procedure, 19 CFR 
210.10 (1999).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on April 17, 2000, 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 integrated 
repeaters and products containing same by reason of infringement of 
claims 1, 2, 3, 4, 5, 6, 7, 8, 9, or 10 of U.S. Letters Patent 
5,742,603, and whether there exists an industry in the United States 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 --Level One Communications, Inc., 9750 
Goethe Road, Sacramento, California 95827.
    (b) The respondent is the following company alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Altima Communications, Inc., 2055 Gateway Place, Suite 
700, San Jose, California 95110.
    (c) Juan Cockburn, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW, Room 401-Q, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is 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 Sec. 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) of the Commission's rules, 
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 responses to the complaint will not be granted unless good 
cause therefor is shown.

[[Page 21790]]

    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 both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.


    By order of the Commission.

    Issued: April 18, 2000.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-10183 Filed 4-21-00; 8:45 am]
BILLING CODE 7020-02-P