[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Notices]
[Pages 53945-53946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20144]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-524]
In the Matter of Certain Point of Sale Terminals and Components
Thereof; 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 August 2, 2004, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Verve LLC of Austin, Texas. Supplements to the complaint were filed on
August 9, 19, and 23, 2004. 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 point of sale terminals and components thereof
by reason of infringement of claims 1 and 2 of U.S. Patent No.
5,012,077. 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 supplements, 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 (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 document information system (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2572.
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 (2003).
Scope Of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on August 30, 2004, 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 point of
sale terminals and components thereof by reason of infringement of
claims 1 or 2 of U.S. Patent No. 5,012,077; 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--Verve L.L.C., 8127 Mesa Drive, B-
206-67, Austin, TX 78759.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are parties upon which the complaint is
to be served:
Thales e-Transactions, Inc., 53 Perimeter Center East, Suite 175,
Atlanta, GA 30346
Thales Group, 9, rue Elsa Triolet, Z. I. des Gatines, BP 13, 78373,
Plaisir Cedex, France
CyberNet, USA, Inc., iPark Silicon Valley, Suite 319, 3003 North First
Street, San Jose, CA 95134
CyberNet, Inc., 6th Floor, Sebang Building, 708-8, Yoksamdong,
Kangnamku, Seoul, Korea
Lipman USA, Inc., 50 Gordon Drive, Syosset, NY 11791
Lipman Electronic Engineering, Ltd., 11 Haamal Street, Park Afek, Rosh
Haayin, Israel 48092
Hypercom Corporation, 2851 W. Kathleen Road, Phoenix, AZ 85053
VeriFone, Inc., One Northwinds Center, Suite 500, 2475 Northwinds
Parkway, Alpharetta, GA 30004
Ingenico Corp. USA, 1003 Mansell Road, Atlanta, GA 30076
Ingenico, 9, Quai de Dion Bouton, 92816 Puteaux Cedex, France
Trintech Inc., 15851 Dallas Parkway, Suite 855, Addison, TX 75001
Trintech Group PLC, Trintech Building, South County Business Park,
Leopardstown, Dublin 18, Ireland
(c) Juan Cockburn, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Suite 401,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Charles E.
Bullock 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 CFR 210.13.
Pursuant to
[[Page 53946]]
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 the 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 a final determination containing such findings, and may result
in the issuance of a limited exclusion order or cease and desist order
or both directed against such respondent.
Issued: August 31, 2004.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-20144 Filed 9-2-04; 8:45 am]
BILLING CODE 7020-02-P