[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Notices]
[Page 13876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7570]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-386]
Notice of Investigation
In the Matter of Certain Global Positioning System Coarse
Acquisition Code Receivers and Products Containing Same.
AGENCY: 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 21, 1996, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Trimble Navigation, 645 North Mary Avenue, P.O. Box 3642, Sunnyvale,
California 94088-3642. Letters supplementing the complaint were filed
on March 5 and March 12, 1996. The complaint, as supplemented, alleges
violations of section 337 based on the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain global positioning system coarse
acquisition code receivers and products containing same by reason of
infringement of claims 1 and 7 of U.S. Letters Patent 4,754,465. The
complaint 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, 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, D.C. 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: Kent Stevens, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2579.
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 C.F.R. Sec. 210.10.
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on March 22, 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 global
positioning system coarse acquisition code receivers or products
containing same by reason of infringement of claims 1 or 7 of U.S.
Letters Patent 4,754,465, 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--Trimble Navigation, 645 North Mary Avenue,
P.O. Box 3642, Sunnyvale, California 94088-3642.
(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: NovAtel Communications Ltd., 1020 64th Avenue N.E.,
Calgary, Alberta, Canada T3J 1S1.
(c) Kent Stevens, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Room 401-L,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Sidney
Harris is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure. 19 C.F.R.
Sec. 210.13. Pursuant to sections 201.16(d) and 210.13(a) of the
Commission's Rules, 19 C.F.R. Secs. 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 notice will not be granted
unless good cause therefore 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 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
the respondent.
Issued: March 25, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-7570 Filed 3-27-96; 8:45 am]
BILLING CODE 7020-02-P
