[Federal Register Volume 66, Number 50 (Wednesday, March 14, 2001)]
[Notices]
[Pages 14935-14936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6338]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-439]
In the Matter of Certain HSP Modems, Software and Hardware
Components Thereof,and Products Containing Same; Notice of Commission
Decision Not To Review an Initial Determination Terminating the
Investigation as to One Patent
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's'') initial determination (``ID'') terminating U.S.
Letters Patent 5,940,459 from the above-captioned investigation, based
on the withdrawal of allegations of infringement relating to that
patent.
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. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.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. The public record for
this investigation may be viewed on the Commission's electronic docket
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.
SUPPLEMENTARY INFORMATION:
The Commission instituted this investigation on October 11, 2000,
based on a complaint filed by PCTEL, Inc. (``PCTEL'') of Milpitas,
California. The complaint named Smart Link Ltd. of Netanya, Israel and
Smart Link Technologies, Inc. of Watertown, Massachusetts (collectively
``Smart Link'') and ESS Technology, Inc. (``ESS'') of Fremont,
California as respondents. The complaint alleged that Smart Link and
ESS had violated section 337 of the Tariff Act of 1930 by importing
into the United States, selling for importation, and/or selling within
the United States after importation certain HSP modems, software and
hardware components thereof, and products containing the same by reason
of infringement of claims 1-2 of U.S. Letters Patent 5,787,305, claims
1-4, 7-8, and 11-15 of U.S. Letters Patent 5,931,950, claims 1, 2, 10,
and 15-17 of U.S. Letters Patent 4,841,561, and claims 1, 6-7, 10-12,
and 15-19 of U.S. Letters Patent 5,940,459 (``the `459 patent'').
On February 5, 2001, the complainant PCTEL filed a motion for
partial termination of this investigation as to its claims of
infringement of the `459 patent. On February 15, 2001, the Commission
investigative attorney filed a response supporting the motion. On
February 16, 2001, the ALJ issued an ID (Order No. 16) granting the
motion. No petitions for review of the ID were filed.
The authority for the Commission's action 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).
Copies of the public versions of the subject IDs, and all other
[[Page 14936]]
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.
By order of the Commission.
Issued: March 7, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-6338 Filed 3-13-01; 8:45 am]
BILLING CODE 7020-02-P