[Federal Register: August 1, 2003 (Volume 68, Number 148)]
[Notices]
[Page 45279-45280]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au03-103]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-483]
In the Matter of Certain Tool Holders, Tool Sets, and Components
Therefor; Notice of Commission Decision Not To Review An Initial
Determination Finding No Violation of Section 337 of the Tariff Act of
1930 and Terminating the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ's'') initial determination (``ID'') finding no
violation of section 337 of the Tariff Act of 1930 and terminating the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Clara Kuehn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3012. 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) at http://edis.usitc.gov. 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 this investigation
by notice published in the Federal Register on December 27, 2002, in
response to a complaint filed on behalf of Allen-Pal, LLC of San Jose
and Los Gatos, California. 67 FR 79,148 (2002).
[[Page 45280]]
The complaint, as supplemented, alleged violations of section 337 in
the importation into the United States and the sale within the United
States after importation of certain tool handles, tool holders, tool
sets, and components therefor by reason of infringement of claims 1, 2,
11, 12, 23, 24, 28, 29, and 30 of U.S. Patent No. 5,911,799 (``the '799
patent'') and claims 1, 14, 18, 19, 34, 37, 40, and 41 of U.S. Patent
No. 6,311,587 (``the '587 patent''). Id. The Commission named two
respondents, Danaher Corporation of Washington, DC, and Danaher Tool
Group of Hunt Valley, Maryland (collectively, ``Danaher'').
On April 22, 2003, the ALJ issued an ID (Order No. 7) terminating
the investigation with respect to claims 2, 28, 29, and 30 of the '799
patent and with respect to claim 18 of the '587 patent. On April 24,
2003, the ALJ issued an ID (Order No. 8) amending the complaint and
notice of investigation to add as respondents Hi-Five Products
Developing Company of Taichung, Taiwan (``Hi-Five''), and Bobby Hu, of
Taichung, Taiwan. Those IDs were not reviewed by the Commission.
On May 27, 2003, the Commission investigative attorney (``IA'')
moved, pursuant to Commission rule 210.15(a), for a summary
determination of no violation based upon non-infringement of asserted
claims 1, 11, 12, 23, and 24 of the '799 patent and asserted claims 1,
14, 19, 34, 37, 40, and 41 of the '587 patent, the only claims
remaining in issue, by the accused tool handles, tool holders, and tool
sets imported into and sold in the United States by Danaher. The IA
noted that these are the same products that respondents Hi-Five and Hu
are accused of selling.
On June 10, 2003, complainant and Danaher filed a joint motion
pursuant to Commission rule 210.21(a) and (b) to terminate Danaher as a
respondent on the basis of a settlement agreement. On June 11, 2003,
Danaher filed a response stating that it would not submit a substantive
response to the IA's motion for summary determination in light of the
pending joint motion for termination of the investigation based on a
settlement agreement. On June 11, 2003, complainant filed its
opposition to the IA's motion for summary determination. On June 13,
2003, the IA filed a motion for leave to reply to complainant's
opposition with attached reply. On June 18, 2003, complainant filed a
reply opposition.
On June 20, 2003, the ALJ issued an ID (Order No. 14) granting the
IA's motion for summary determination and terminating the
investigation. The ID found no violation of section 337 by reason of no
infringement by any respondent of any of the 12 patent claims remaining
in issue in the investigation. The ALJ noted that the June 10, 2003,
joint motion for termination was pending before him. ID at 1 n.2. On
June 26, 2003, complainant filed a motion for extension of time to file
a petition for review of the ID. On June 27, 2003, the Chairman granted
the motion and extended complainant's deadline for filing a petition
for review until July 3, 2003. On July 2, 2003, the Commission extended
the deadline for determining whether to review the ID until Wednesday,
August 13, 2003. No petitions for review of the ID were filed.
This action is taken under the authority of 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).
Issued: July 28, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-19611 Filed 7-31-03; 8:45 am]
BILLING CODE 7020-02-P