CERTAIN NETWORK INTERFACE CARDS AND
ACCESS POINTS FOR USE IN DIRECT SEQUENCE SPREAD
SPECTRUM WIRELESS LOCAL AREA NETWORKS AND PRODUCTS CONTAINING SAME
Inv. No. 337-TA-455

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 March 9, 2001, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Proxim, Inc. of Sunnyvale, California. A supplement to the complaint was filed on March 29, 2001. The complaint, as supplemented, 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 network interface cards and access points for use in direct sequence spread spectrum wireless local area networks and products containing same by reason of infringement of claims 6-8 of U.S. Letters Patent 5,077,753, claims 13, 15, 20, 22, 24-26, 30, 33, 35-37, 40, 42, and 50 of U.S. Letters Patent 5,809,060, and claims 1-31 of U.S. Letters Patent 6,075,812. 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 permanent 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, S.W., Room 112, Washington, D.C. 20436, telephone 202-205-2000. 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-ON-LINE) at https://edis.usitc.gov/hvweb/.

FOR FURTHER INFORMATION CONTACT: Jeffrey R. Whieldon, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202-205-2580.

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. 210.10 (2000).

SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International Trade Commission, on April 3, 2001, 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 network interface cards and access points for use in direct sequence spread spectrum wireless local area networks or products containing same by reason of infringement of claims 6, 7, or 8 of U.S. Letters Patent 5,077,753, claims 13, 15, 20, 22, 24-26, 30, 33, 35-37, 40, 42, or 50 of U.S. Letters Patent 5,809,060, or claims 1-31 of U.S. Letters Patent 6,075,812, 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-

Proxim, Inc.

510 DeGuigne Drive

Sunnyvale, California 94086

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

Acer NeWeb Corporation

6F, 110, Tung Ta Road, Sec 2

Hsinchu, Taiwan

Acer America Corporation

2641 Orchard Parkway

San Jose, California 95134

Addtron Technology Company, Ltd.

4425 Cushing Parkway

Fremont, California 94538

AmbiCom, Inc.

48295 Fremont Blvd, Suite A

Fremont, California 94538

Cabletron Systems, Inc.

35 Industrial Way

Rochester, New Hampshire 03867

Enterasys Networks, Inc.

35 Industrial Way

Rochester, New Hampshire 03867

Powermatic Data Systems Ltd.

135 Joo Seng Road

#08-01 PM Industrial Building

Singapore 368363

Compex, Inc.

4051 E. La Palma Ave.

Anaheim, California 92807

D-Link Corporation

20, Park Ave. 2,

Hsinchu, Taiwan

D-Link Systems, Inc.

53 Discovery Drive

Irvine, California 92618

The Linksys Group, Inc.

17401 Armstrong Ave.

Irvine, California 92614

MELCO, Inc.

Kamiya Bldg., 11-50, Ohsu 4-chome

Naka-ku, Nagoya, 460-0011 Japan

Buffalo Technology (U.S.A.), Inc.

1977 W. 190th Street, Suite 100

Torrance, California 90504

TechWorks, Inc.

4030 W. Braker Lane #350

Austin, Texas 78759

(c) Jeffrey R. Whieldon, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, S.W., Room 401, Washington, D.C. 20436, who 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 Rules of Practice and Procedure, 19 C.F.R. 210.13. Pursuant to 19 C.F.R. 201.16(d) and 210.13(a), such responses will be considered by the Commission if received no 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 to authorize the administrative law judge and the Commission, without further notice to that 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 that respondent.

By order of the Commission.

Donna R. Koehnke
Secretary

Issued: April 3, 2001