E8-19759. In the Matter of Certain Base Stations and Wireless Microphones; Notice of Investigation

AGENCY:

U.S. International Trade Commission.

ACTION:

Institution of investigation pursuant to 19 U.S.C. 1337.

SUMMARY:

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 22, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of L-3 Communications Mobile-Vision, Inc. of Boonton, New Jersey. A supplement to the complaint was filed on August 13, 2008. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain base stations and wireless microphones that infringe certain claims of U.S. Patent No. 7,119,832. 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 an exclusion order and cease and desist orders.

ADDRESSES:

The complaint and supplement, except for any confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone [phone]. 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:

Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone [phone].

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 (2008).

Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 20, 2008, 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 base stations and wireless microphones that infringe one or more of claims 1-11 of U.S. Patent No. 7,119,832, 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—

L-3 Communications Mobile-Vision, Inc., 90 Fanny Road, Boonton, New Jersey 07005,

(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:

Enforcement Video, LP d.b.a. WatchGuard Video, 3001 Summit Avenue, Suite 400, Plano, Texas 75074,

Trinus Korea, Inc., Unitech-Ville 8f, #1141-2 Beakseok-Dong, Ilsan-Donggu, Goyang-City, Gyeonggi-Do, Republic of Korea,

Trinus Systems, Inc. USA, 14707 Carmenita Road, Norwalk, California 90650,

Telex Communications, Inc. 8601 East Cornhusker Highway, Lincoln, Nebraska 68507-9702,

Safety Vision, LP, 6100 West Sam Houston Parkway North, Houston, Texas 77041-5113,

KCi Communications, Inc., 1050 Ensell Road, Suite 100, Lake Zurich, Illinois 60047,

International Science Ventures, Co. Ltd., 102-705 Pucheon Technopark 364, Samsjung-Dong, Ojung-Gu, Pucheon City, Kyuggi-Do, Republic of Korea,

ICOP Digital, Inc., 16801 W. 116th Street, Lenexa, Kansas 66219,

Digital Ally, Inc., 7311 W. 130th Street, Suite 170, Overland Park, Kansas 66213,

TriSquare Communications (Hong Kong), RM 502 5/F China MinMetals TWR,79 Chatham Road S., Tsim Sha Tsui, Kowloon, Hong Kong, China,

TriSquare Communications USA, 1420 NW Vivion Road, Suite 113, Kansas City, Missouri 64118.

(c) The Commission investigative attorney, party to this investigation, is Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401, Washington, DC 20436; and

(3) For the investigation so instituted, Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate 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 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 an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.

By order of the Commission.

Issued: August 21, 2008.

Marilyn R. Abbott,

Secretary to the Commission.