[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Notices]
[Page 20130-20131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap06-126]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-551]
In the Matter of Certain Laser Bar Code Scanners and Scan
Engines, Components Thereof and Products Containing Same; Notice of
Commission Decision Not To Review an Initial Determination Granting
Complainant's Motion To Amend the Complaint and Notice 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 determined not to review an initial determination
(``ID'') (Order No. 9) issued by the presiding administrative law judge
(``ALJ'') granting complainant's motion to amend the complaint and
notice of investigation.
FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential 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 at
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: This investigation was instituted on October
26, 2005, based on a complaint filed by Symbol Technologies Inc.
(``Symbol'') of Holtsville, New York. The complaint alleges violations
of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain laser bar
code scanners or scan engines, components thereof, or products
containing the same by reason of infringement of various claims of
United States Patent Nos. 5,457,308 (``the '308 patent''), 5,545,889
(``the `889 patent''), 6,220,514 (``the '514 patent''), 5,262,627, and
5,917,173. 70 FR 61841 (Oct. 26, 2006). The complaint named two
respondents: Metro Technologies Co., Ltd. of Suzhou, China, and
Metrologic Instruments, Inc. of Blackwood, New Jersey (collectively,
``Metrologic'').
On March 9, 2006, Symbol filed a motion for leave to amend the
complaint and notice of investigation to add claims 10 and 11 of the
'308 patent, claims 8 and 11 of the '889 patent, and claims 3, 7, 9,
and 10 of the '514 patent. Metrologic filed an opposition to Symbol's
motion, asserting that Symbol failed to show good cause for its
amendment and that Metrologic would be unduly prejudiced by an
amendment to the complaint just one month before the close of
discovery. The Commission investigative attorney supported Symbol's
motion.
On March 22, 2006, the ALJ issued an ID (Order No. 9) granting
Symbol's motion to amend the complaint and notice of investigation. The
ALJ found that, pursuant to Commission Rule 210.14(b)(1) (19 CFR
210.14(b)(1)), there was good cause to add claims 10 and 11 of the '308
patent, claims 8 and 11 of the '889 patent, and claims 3, 7, 9, and 10
of the '514 patent to the complaint and notice of investigation. The
ALJ found that Symbol had obtained new
[[Page 20131]]
information, justifying the addition of the newly-asserted claims of
the `308 patent. The ALJ also found that adding the newly-asserted
claims of the `889 patent and the '514 patent to the complaint did not
prejudice the parties, because they had been notified that these claims
were at issue early on in the investigation. Moreover, the ALJ noted
that he had extended the target date by one month in order to alleviate
any concerns regarding the amount of time remaining for discovery. No
petitions for review of the ID were filed. Having examined the record
of this investigation, the Commission has determined not to review the
ALJ's ID.
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 Sec. 210.42 of the Commission's Rules of Practice and Procedure (19
CFR 210.42).
By order of the Commission.
Issued: April 14, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-5887 Filed 4-18-06; 8:45 am]
BILLING CODE 7020-02-P