[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Notices]
[Pages 14138-14139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5399]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-598]


In the Matter of Certain Unified Communications Systems, Products 
Used With Such Systems, and Components Thereof; 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 February 16, 2007, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Microsoft Corporation of Redmond, Washington. A supplemental letter was 
filed on March 9, 2007. The complaint, as 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 unified communications systems, products used 
with such systems, and components thereof by reason of infringement of 
certain claims of U.S. Patent Nos. 6,421,439, 6,430,289, 6,263,064, and 
6,728,357. The complaint, as supplemented, 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 a permanent cease and desist order.

ADDRESSES: The complaint and supplemental letter, except for any 
confidential information contained therein, are available for 
inspection during official business hours (8:45 a.m.

[[Page 14139]]

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

FOR FURTHER INFORMATION CONTACT: David H. Hollander, Jr., Esq., Office 
of Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2746.

    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 (2006).
    Scope of Investigation: Having considered the complaint as 
supplemented, the U.S. International Trade Commission, on March 19, 
2007, 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 unified 
communication systems, products used with such systems, and components 
thereof by reason of infringement of one or more of claims 1 and 3 of 
U.S. Patent No. 6,421,439; claims 1-20 of U.S. Patent No. 6,430,289; 
claims 1, 3-5, 7-9, and 11-13 of U.S. Patent No. 6,263,064; and claims 
1, 2, 4, 6, 8, and 17 of U.S. Patent No. 6,728,357; 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--Microsoft Corporation, 1 Microsoft Way, 
Redmond, Washington 98052.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Alcatel-Lucent, 54 rue La Boetie, Paris 75008, France.
    (c) The Commission investigative attorney, party to this 
investigation, is David H. Hollander, Jr., Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, 500 E 
Street, SW., Room 401-R, Washington, DC 20436; 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 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 responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of the 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 an initial determination and 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 the 
respondent.

     Issued: March 20, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-5399 Filed 3-23-07; 8:45 am]
BILLING CODE 7020-02-P