[Federal Register: January 10, 2007 (Volume 72, Number 6)]
[Notices]
[Page 1241-1242]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja07-63]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-545]
In the Matter of Certain Laminated Floor Panels; Notice of Final
Determination; Issuance of General Exclusion Order and Cease and Desist
Orders; Termination of 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 found a violation of section 337 of the Tariff Act of
1930 (19 U.S.C. 337) based on the infringement of nine asserted claims
of three asserted patents and has issued a general exclusion order and
cease and desist orders in the above-captioned investigation. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3041. 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, 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
on July 29, 2005, based on a complaint filed by Unilin Beheer B.V.,
Flooring Industries Ltd., and Unilin Flooring N.C. LLC (collectively
``Unilin''). 70 FR 44694 (August 3, 2005). The complaint (as amended)
alleged violations of section 337 of the Tariff Act of 1930 (``section
337'') in the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain laminated floor panels by reason of infringement of one or more
of claims 1, 14, 17, 19, 20, 21, 37, 52, 65, and 66 of U.S. Patent No.
6,006,486 (``the `486 patent''), claims 1, 2, 10, 13, 18, 19, 22, 23,
24, and 27 of U.S. Patent No. 6,490,836 (``the `836 patent''), claims
1-6 of U.S. Patent No. 6,874,292 (``the `292 patent''), and claims 1,
5, 13, 17, 27, and 28 of U.S. Patent No. 6,928,779 (``the `779
patent''). The investigation was subsequently terminated with respect
to the `486 patent. The Commission named as respondents 32 companies
located in Canada, China, South Korea, Malaysia, and the United States.
Id. Two respondents have been terminated from the investigation as a
result of settlement agreements.
On July 3, 2006, the ALJ issued his final initial determination
(``ID''), including his recommended determination on remedy and
bonding. The complainants, the Commission investigative attorney
(``IA''), and several respondents petitioned for review of various
portions of the final ID.
On September 25, 2006, after considering the final ID, the written
submissions and other relevant portions of the record, the Commission
determined to review those portions of the ALJ's final ID concerning:
(1) Construction of the ``elastically bendable portion'' limitation of
claim 1 of the `836 patent and claim 4 of the `292 patent, (2)
infringement of claims 1 and 2 of the '836 patent and claims 3 and 4 of
the `292 patent; (3) infringement by the defaulting respondents; (4)
invalidity of the asserted claims of the `779 patent; and (5) the
validity of the asserted claims of the `836 and `292 patents to the
extent implicated by the Commission's review described in item (1). The
Commission received written submissions on the issues under review and
on remedy, the public interest, and bonding.
Having examined the record in this investigation, including the
submissions on review and responses thereto, the Commission has
determined that there is a violation of section 337 with respect to
claims 1, 2, 10, 18, and 23 of the `836 patent, claims 3 and 4 of the
`292 patent, and claims 5 and 17 of the `779 patent.
The Commission has also made determinations on the issues of
remedy, the public interest, and bonding. The Commission has determined
that the appropriate form of relief is a general exclusion order
prohibiting the unlicensed entry of laminated floor panels covered by
claims 1, 2, 10, 18, and 23 of the `836 patent, claims 3 and 4 of the
`292 patent, and claims 5 and 17 of the `779 patent. The Commission has
also determined to issue cease and desist orders limited to claim 1 of
the `836 patent and directed to defaulting domestic respondents Dalton
Carpet Liquidators, Inc., Pacific Flooring
[[Page 1242]]
Manufacture, Inc., P.J. Flooring Distributor, R.A.H. Carpet Supplies,
Inc., Salvage Building Material, Inc., Stalheim (USA), Inc., Universal
Floor Covering, Inc., and Vegas Laminate Hardwood Floors LLC.
The Commission has determined that the public interest factors
enumerated in 19 U.S.C. 1337(d), (f), and (g) do not preclude issuance
of the aforementioned remedial orders, and that the bond during the
Presidential period of review shall be set at 100 percent of the
entered value for any covered laminated floor panels.
The authority for the Commission's determinations is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in sections 210.45-210.51 of the Commission's Rules of Practice and
Procedure (19 CFR 210.45-210.51).
By order of the Commission.
Issued: January 5, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-190 Filed 1-9-07; 8:45 am]
BILLING CODE 7020-02-P