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Certain Integrated Repeaters, Switches, Transceivers and Products Containing Same

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Certain Integrated Repeaters, Switches, Transceivers and Products Containing Same Certain Integrated Repeaters, Switches, Transceivers and Products Containing Same Investigation No. 337-TA-435 Publication 3547 October 2002 - ~~ Washington. DC 20436 COMMISSIONERS Deanna Tanner Okun, Chairman Jennifer A. Hillman, Vice Chairman Lynn M. Bragg Marcia E. Miller Stephen Koplan Address all communications to Secretary to the Commission United States International Trade Commission Washington, DC 20436 U.S. International Tkade Commission Washington, DC 20436 www.usitc.gov Certain Integrated Repeaters, Switches, Transceivers and Products Containing Same Investigation No. 337-TA-435 Publication 3547 October 2002 UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of G CERTAIN INTEGRATED REPEATERS, Inv. No. 337-T.4-4- SWITCHES, TRANSCEIVERS AND -4 PRODUCTS CONTAINING SAME 3 U . P' The Commission has determined that there is a violation of section 337 of L- the Tariff Act of 1930 (19 U.S.C. (i 1337) in the unlawfid importation and sale by respondent Altima Communications Inc. of (1) integrated repeaters that are covered by claims 1-7,or 9 of U.S.Letters Patent 5,742,603,and (2) integrated repeaters and switches in plastic ball grid array packages that are covered by claims 23, 24, 27, or 29 of U.S. Letters Patent 5,894,410. Having reviewed the record in this investigation, including the written submissions of the parties, the Commission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that the appropriate form of relief is a limited exclusion order. The Commission has also determined that the public interest factors enumerated in 19 U.S.C. $ 1337 (d) do not preclude issuance of the limited exclusion order, and that the bond during the Presidential review period shall be in the amount of 100 percent of the entered value ofthe products in question. Accordingly, the Commission hereby ORDERS that: 1. Integrated repeaters, and circuit boards and carriers containing such devices, covered by claims 1-7, or 9 of U.S. Letters Patent 5,742,603, that are inanufactured abroad and/or imported by or on behalf of Altima Communications Inc. or any of its affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, are excluded from entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patent, Le., until April 21,2015, except under license of the patent owner or as provided by law. 2. Integrated repeaters, switches, and other products in plastic ball grid array packages, and circuit boards and camers containing such devices, covered by claims 23, 24, 27, or 29 of U.S.Letters Patent 5,894,410, that are manufactured abroad and/or imported by or on behalf of Altima Communications Inc. or any of its afiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, are excluded from entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patent, i.e., until April 13,2016, except under license of the patent owner or as provided by law. 2 3. The products listed in paragraphs 1 and 2 of this Order are entitled to entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, under bond in the amount of 100 percent of entered value pursuant to subsection (i) of section 337 ofthe Tariff Act of 1930, as amended 19 U.S.C. 5 1337(j), from the day after this Order is received by the President until such time as the President notifies the Commission that he approves or disapproves this action but, in any event, not later than sixty (60) days after the date of receipt of this action. 4. Pursuant to procedures to be specified by U.S. Customs Service, as the Customs Service deems necessary, persons seeking to import the products listed on paragraphs 1 and 2 of this Order shall certifjr that they are familiar with the terms of this Order, that they have made appropriate inquiry, and thereupon state that, to the best of their knowledge and belief, the products being imported are not excluded from entry under paragraphs 1 or 2 of this Order. At its discretion, the Customs Service may require persons who have provided the certification described in this paragraph to fbrnish such records or analyses as are necessary to substantiat e the certification. 5. Within fourteen (14) days of the issuance of this Order, Altima Communications, Inc. shall provide the U.S. Customs Service with a list of affiliated companies, parents, subsidiaries, and other related business entities, that manufacture, import, or sell the products that are subject to this Order. 3 6. The Commission may modi@ this Order in accordance with the procedures described in section 21U.76 of the Commission’s Rules of Practice and Procedure, 19 C.F.R.5 210.76. 7. The Secretary shall serve copies of this Order upon each party of record in this investigation and upon the Department of Health and Human Services, the Department of Justice, the Federal Trade Commission, and the U.S.Customs Service. 8. Notice of this Order shall be published in the Federul Register By Order of the Commission. Donna R. Koehnke Secretary Issued: October 24, 2001 CERTAIN INTEGRATED REPEATERS,SWITCHES, 337-TA-435 TRANSCEIVERS, AND PRODUCTS C0NTAJ"G SAME CERTIFICATE OF SERVICE I, Donna R Koehnke, hereby certify that the attached Limited Exclusion Order, was served upon the following parties via first class mail, and air mail where nectssary, on October 24,2001.. Donna R Kochnke, Stcretary U.S. International Trade Commission 500 E Street, SW - Room 112 Washington, DC 20436 ON BEHALF OF COMPLATNANTS INm& CORPORATION AND OM COMMUNICATIONS. INC,; RuflFin B. Cordell, Esq. Fish and Richardson 601 Thirteenth Street, N.W. Washington, D.C. 20005 ON BEHALF OF ALTJMA COMMUNICATIONS. 1NC.r Thomas L. Jmis, Esq. Finnegan, Henderson, Farabow, Garrett and Dunner, LLP 1300 I Set,NW Washington, DC 20005-3315 F. David Fomr, Esq. Miller and Chevalier 655 Fifteenth Street, NW. suite 900 Washington, DC 20005-5701 ON BEHALF OF COMMISSION; Juan S. Cockburn, Esq. Commission Investigative Attorney Office of Unfair Import Investigations 500 E Street, SW - Rm. 4044 Washington, DC 20436 Michael Xiberman, Esq. Advisory Attorney Office of General Counsel '500 E Streef SW - Rm. 707-0 Washington, DC 20436 UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. 20436 1 In the Matter of 1 1 CERTAIN INTEGRATED REPEATERS, SWITCHES, ) Inv. No. 337-TA3435 41 TRANSCEIVERS, AND PRODUCTS CONTAINING 1 I, SAME 1 i‘ ‘1 NOTICE OF DECISION NOT TO REVIEW A FINAL INITIAL DETERMINATION, AND SCHEDULE FOR FILING OF WRITTEN SUBMISSIONS ON THE ISSWS OF REMEDY, THE PUBLIC INTEREST, AND BONDING AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the final initial determination (“Final ID”)issued by the presiding administrative law judge (“ALJ”) on July 19,2001, findihg a violation of section 337 of the Tariff Act of 1930,19 U.S.C. $1337, in the above-captioned investigation. The Commission also determined to deny the petition of respondent Altima Communications Inc. to supplement the evidentiary record in the investigation, and to grant the motion of complainants Intel Corporation and Level Communications, Inc. to strike pdrtions of Altima Communications, Inc.’s petition for review. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, $00 E Street, S.W., Washington, D.C. 20436, telephone (202) 205-31 15. Copies of the public versions of the final ID and all other nonconfidential documents filed in connection with this ibestigation are or will be available for inspection during official business hours (8:45 a.m. to 5:li5 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.20436, telephone (202) 205-2000. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205-18 10. General information concerning the Commission may also be obtained by accessing its Internet server (http:/hww.witc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS -ON-LINE)at http://dockets.usitc.gov/eoI/public. SUPPLEMENTARY INFORMATION: This patent-based section 3 37 investigation was instituted on August 23,2000,based upon a complaint filed on July 20,2000,by Intel Corporation (“Intel”) and Level One Communications, In& (“Level One”). 65 Fed. Reg. 5 1327 (Aug. 23,2000). The respondent is Altima Communications, Inc. rAltima”). A second patent- based section 337 investigation naming Altima as a respondent was instituted on April 24,2000, based upon a complaint filed by Level One on March 23,2000,and supplemented on April 13, 2000.65 Fed Reg. 21789 (Apr. 24,2000). On August 24,2000,the AL3 issued an order consolidating the two investigations. From April 16,2001 , through April 30,2001 , the ALJ held an evidentiary hearing. On July 19,2001, the ALJ issued a final ID finding that respondent Altima violated section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 6 1337), by infringing certain claims of two of the complainants’ asserted patents. The ALJ found that: (1) there has been importation and sale of the accused products; (2) complainants practice the patents in controversy and satisfy the domestic industry requirements of section 337; (3) certain of the claims in issue are valid; (4) the accused imported products directly infringe certain of the claims in issue; and (5) respondent has induced infringement of certain of the claims in issue.
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