[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Notices]
[Pages 19320-19321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10819]



-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-387]


In the Matter of: Certain Self-Powered Fiber Optic Modems; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 26, 1996, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on 
behalf of Patton Electronics Co., 7622 Rickenbacker Drive, 
Gaithersburg, MD 20879-4773. An amendment to the complaint was filed on 
April 17, 1996. The complaint, as amended, 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 self-powered fiber optic modems that infringe claims 1, 2, 3, 7 
and 8 of U.S. Letters Patent 4,161,650. 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 full 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, S.W., Room 112, 
Washington, DC 20436, telephone 202-205-1802. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810.

FOR FURTHER INFORMATION CONTACT: John M. Whealan, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2574.

    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 Final Rules of Practice 
and Procedure, 19 C.F.R. Sec. 210.10.

SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on April 25, 1996, 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 self-powered 
fiber optic modems by reason of infringement of claims 1, 2, 3, 7 or 8 
of U.S. Letters

[[Page 19321]]

Patent 4,161,650 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--Patton Electronics Co., 7622 Rickenbacker 
Drive, Gaithersburg, MD 20879-4773.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
shall also be served:

RAD Data Communications, Ltd., 12 Hanechoshet Street, Tel Aviv, 69710, 
Israel
RAD Data Communications, Inc., 900 Corporate Drive, Mahwah, New Jersey 
07430

    (c) John M. Whealan, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401P, 
Washington, DC 20436, 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 section 210.13 of 
the Commission's Final Rules of Practice and Procedure, 19 C.F.R. 
Secs. 210.13. Pursuant to 19 C.F.R. sections 201.16(d) and 210.13(a) of 
the Commission's Final Rules of Practice and Procedure, 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.
    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.

    Issued: April 26, 1996.
    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-10819 Filed 4-30-96; 8:45 am]
BILLING CODE 7020-02-P