Investigation No. 337-TA-455
In the Matter of
CERTAIN NETWORK INTERFACE CARDS AND ACCESS POINTS FOR USE IN DIRECT SEQUENCE SPREAD SPECTRUM WIRELESS LOCAL AREA NETWORKS AND PRODUCTS CONTAINING SAME
NOTICE OF DECISION TO GRANT INTERSIL CORPORATION RESPONDENT STATUS
AGENCY: U.S. International Trade Commission.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to grant Intersil Corporation ("Intersil") respondent status in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone 202-205-3152. Copies of all 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, 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 202-205-1810. General information concerning the Commission may also be obtained by accessing its internet server http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on April 9, 2001, based on a complaint filed by Proxim, Inc. ("Proxim") against 14 entities, which did not include Intersil. The notice of investigation was published in the Federal Register on April 9, 2001. 66 Fed. Reg. 18507. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, sale for importation, and/or sale within the United States after importation of certain wireless 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 certain U.S. patents owned by Proxim.
On April 16, 2001, Intersil filed a motion to intervene as a respondent in the investigation. On May 8, 2001, the then presiding administrative law judge ("ALJ") issued an ID(Order No. 12) granting Intersil's motion. Order No. 12 allowed Intersil to become intervenor in the present investigation, but denied Intersil respondent status, and on May 18, 2001, Intersil petitioned for review of Order No. 12. On June 15, 2001, the Commission determined that Order No. 12 concerned a matter of Commission policy and determined to review it.
On July 9, 2001, the Commission determined to adopt Order No. 12 denying Intersil respondent status, and issued an opinion expressing its view regarding the statutory basis that ALJs should use in determining whether to grant respondent status to intervening parties in section 337 investigations.
On July 23, 2001, Intersil filed a petition pursuant to rule 210.47 for reconsideration of the Commission's determination to deny Intersil respondent status. On July 30, 2001, Proxim filed a response stating that it does not oppose Intersil becoming a respondent, and the Commission investigative attorney ("IA") filed a response in opposition. On August 10, 2001, Intersil filed a motion pursuant to rule 210.15 for leave to file a reply to the IA's response and attached a reply to the IA's response. No other responses were filed.
On October 15, 2001 the Commission granted Intersil's motion to reply to the response of the IA, granted Intersil's petition for reconsideration of the Commission's July 9, 2001, determination granting Intersil intervenor status, and determined to grant Intersil respondent status in this investigation.
This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. §1337), and rule 210.48 of the Commission's Rules of Practice and Procedure, 19 C.F.R. § 210.48.
By order of the Commission.
Donna R. Koehnke
Issued: October 17, 2001