[Federal Register: March 13, 2008 (Volume 73, Number 50)]
[Notices]
[Page 13567-13568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr08-79]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-636]
In the Matter of Certain Laser Imageable Lithographic Printing
Plates; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 11, 2008, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Presstek, Inc. of Hudson, New Hampshire. Letters supplementing the
complaint were filed on February 14 and 28, 2008. The complaint alleges
violations of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain laser imageable lithographic printing
plates that infringe certain claims of U.S. Patent Nos. 5,339,737 and
5,487,338 and U.S. Trademark Registration No. 1,711,005. 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 limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint and supplemental letters, 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://
[[Page 13568]]
www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2575.
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 (2007).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 6, 2008, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) 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 laser imageable lithographic printing plates that infringe one
or more of claims 1, 10, and 27 of U.S. Patent No. 5,339,737 and claims
20, 21, and 23 of U.S. Patent No. 5,487,338, and whether an industry in
the United States exists as required by subsection (a)(2) of section
337;
(b) Whether there is a violation of subsection (a)(1)(C) 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 laser imageable lithographic printing plates by reason of
infringement of U.S. Trademark Registration No. 1,711,005, and whether
an industry in the United States exists as required by subsection
(a)(2) of Section 337; and
(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--
Presstek, Inc., 55 Executive Drive, Hudson, New Hampshire 03051
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
VIM Technologies, Ltd., Kibbutz Hanita, 22885, Israel
Hanita Coatings RCA, Ltd., Kibbutz Hanita, 22885, Israel
Guaranteed Service & Supplies, Inc., 606 Schoenhaar Drive, West Bend,
Wisconsin 53090
AteCe Canada, 3A Brussels Street, Suite 3A, Toronto, Ontario, Canada,
M8Y 1H2
Ohio Graphco, Inc., 6563 Cochran Road, Solon, Ohio 44139
Recognition Systems, Inc., 30 Harbor Park Drive, Port Washington, New
York 11050
(c) The Commission investigative attorney, party to this
investigation, is T. Spence Chubb, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Theodore R.
Essex 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 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 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 an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
cease and desist orders or both directed against the respondent.
By order of the Commission.
Issued: March 7, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-4954 Filed 3-12-08; 8:45 am]
BILLING CODE 7020-02-P