[Federal Register: May 29, 2002 (Volume 67, Number 103)]
[Notices]
[Page 37438-37439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my02-85]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-462]
In the Matter of Certain Plastic Molding Machines With Control
Systems Having Programmable Operator Interfaces Incorporating General
Purpose Computers, and Components Thereof II; Notice of Commission
Decision not to Review an Initial Determination Terminating the
Investigation as to Two Respondents on the Basis of a Settlement
Agreement
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International
TradeCommission has determined not to review the presiding
administrative law judge's (``ALJ's'') initial determination
(``ID'')(Order No. 26) terminating the above-captioned investigation as
to respondents Sidel S.A. and Sidel, Inc. based on a settlement
agreement. Under ALJ Order No. 27, the investigation will continue so
that complainant may have
[[Page 37439]]
the opportunity to move for summary determination of violation and to
request a general exclusion order pursuant to Commission rule
210.16(c)(2), 19 CFR 210.16(c)(2).
FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW.,Washington, DC 20436, telephone (202) 205-3104. Copies of the ALJ's
ID and all other 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, SW.,
Washington, DC 20436, telephone 202-205-2000. 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/eol/public. Hearing-impaired
persons are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the above-
captioned investigation on August 23, 2001, based on a complaint filed
by Milacron, Inc. (Milacron) of Cincinnati, OH, against eleven
respondents. 66 FR 44374 (2001). The complaint, as supplemented,
alleged violations of section 337 of the Tariff Act of 1930 in the
importation into the United States, sale for importation, and sale
within the United States after importation of certain plastic molding
machines with control systems having programmable operator interfaces
incorporating general purpose computers, and components thereof, by
reason of infringement of claims 1-4 and 9-13 of U.S. Patent No.
5,062,052. Sidel S.A. and Sidel, Inc. (collectively, Sidel) are the
last respondents remaining in the investigation. The nine other
respondents were previously terminated from the investigation on the
basis of settlement agreements.
On April 9, 2002, Milacron, and Sidel filed a joint motion under
Commission rule 210.21(b) to terminate the investigation as to Sidel
based on a Settlement and Non-Exclusive License Agreement. On April 18,
2002,Milacron filed a motion to amend the procedural schedule so that
it would have the opportunity to file a motion for summary
determination of violation of section 337 and to request a general
exclusion order. OnApril 19, 2002, the Commission investigative
attorney filed a response in support of both the joint motion to
terminate and Milacron's motion to amend the procedural schedule. On
April 23, 2002, the presiding ALJ issued his ID terminating the
investigation as to Sidel. On April 24, 2002, he issued Order No. 27,
granting Milacron's request to amend the procedural schedule. No
petitions for review of the ID were filed.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in section 210.42 of the Commission's Rules of Practice and Procedure
(19 CFR 210.42).
By order of the Commission.
Issued: May 23, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-13323 Filed 5-28-02; 8:45 am]
BILLING CODE 7020-02-P