[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Notices]
[Page 21157]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap08-93]
[[Page 21157]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-587]
In the Matter of Certain Connecting Devices (``Quick Clamps'')
for Use With Modular Compressed Air Conditioning Units, Including
Filters, Regulators, and Lubricators (``FRL's'') That Are Part of
Larger Pneumatic Systems and the FRL Units They Connect; Notice of
Commission Decision Not To Review an Initial Determination of the
Administrative Law Judge Finding No Violation of Section 337;
Termination of 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 an initial determination
(``ID'') issued by the presiding administrative law judge (``ALJ'')
determining that there is no violation of section 337 of the Tariff Act
of 1930.
FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3116. 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: The Commission instituted this investigation
on November 13, 2006, based on a complaint filed by Norgren, Inc.
(``Norgren'') of Littleton, Colorado. 71 FR 66193 (Nov. 13, 2006). An
amended complaint was filed on October 25, 2006. A supplement to the
complaint was filed on November 1, 2006. The amended complaint alleged
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, or
the sale within the United States after importation of certain devices
for modular compressed air conditioning units and the FRL units they
connect by reason of infringement of claims 1-9 of U.S. Patent No.
5,372,392 (``the '392 patent''). The amended complaint also alleged
that a domestic industry exists with regard to the '392 patent under
subsection (a)(2) of section 337. The amended complaint named SMC
Corporation of Japan; SMC Corporation of America of Indianapolis,
Indiana (collectively, ``SMC''); AIRTAC of China; and MFD Pneumatics
(``MFD'') of Chicago, Illinois as the respondents and requested a
limited exclusion order and a cease and desist order. On July 13, 2007,
the Commission determined not to review an ID terminating the
investigation with respect to MFD and AIRTAC on the basis of a consent
order stipulation and consent order.
On February 13, 2008, the ALJ issued his final ID finding no
violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).
Specifically, the ALJ found that there had been an importation of SMC's
accused products and that none of the accused products infringe the
asserted claims of the '392 patent. He also found that the asserted
claims are not invalid due to obviousness. He further found that
Norgren satisfies the domestic industry requirement with respect to the
'392 patent. On February 25, 2008, the ALJ issued a recommended
determination on remedy and bonding in the event the Commission
reversed his finding of no violation of section 337.
On February 25, 2008, Norgren and SMC each filed a separate
petition for review of the ID. The Commission Investigative Attorney
(``IA'') did not file a petition for review. On March 3, 2008, Norgren
and SMC filed responses in opposition to each other's petitions for
review, and the IA filed her response in opposition to both petitions.
On March 5, 2008, the Commission determined to extend the deadline
for determining whether to review the ID by 14 days, i.e., until April
14, 2008.
Having examined the record of this investigation, including the
ALJ's final ID and the submissions of the parties, the Commission has
determined not to review the ALJ's determination and has terminated
this investigation with a finding of no violation.
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 210.42-45 of the Commission's Rules of Practice and
Procedure (19 CFR 210.42-45).
By order of the Commission.
Issued: April 14, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-8353 Filed 4-17-08; 8:45 am]
BILLING CODE 7020-02-P