[Federal Register: January 18, 2008 (Volume 73, Number 13)]
[Notices]
[Page 3483-3484]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja08-73]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-599]
In the Matter of Certain Lighting Control Devices Including
Dimmer Switches and/Or Switches and Parts Thereof; Notice of Commission
Decision Not To Review Initial Determinations Granting Motions To
Terminate Investigation As to All Respondents and to Terminate the
Investigation In Its Entirety
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'') initial determination (``ID'') (Order No. 9)
granting the joint motion of complainant Lutron Electronics Co., Inc.
(``Lutron'') and Leviton Manufacturing Company, Inc. (``Leviton'') to
terminate the investigation as to Leviton on the basis of a settlement
agreement, and the ALJ's ID (Order No. 10) granting the motion of
Lutron to terminate the investigation as to Control 4 Corporation
(``Control4'') based on withdrawal of the complaint and terminating the
investigation in its entirety.
FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3112. Copies of the
ALJ's IDs and all other 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: On April 5, 2007, the Commission instituted
this investigation, based on a complaint filed by Lutron Electronics
Co., Inc. (``Lutron'') of Coopersburg, Pennsylvania. Lutron's amended
Complaint alleges violations of section 337 in the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain lighting control devices including
dimmer switches and/or switches and parts thereof by reason of
infringement of claims 1, 36, 65, 83, 85, 89, 90, 94, 112, 114, 116,
118, 119, 123, 149, 178, 193, 195, 197, 199, and 200 of U.S. Patent No.
5,637,930 (``the `930 patent''); claims 44, 47, and 49 of U.S. Patent
No. 5,248,919 (``the `919 patent''); claims 1-5, 8-10, 12, and 22 of
U.S. Patent No. 5,982,103 (`` the `103 patent''); claims 151, 152, and
155-157 of U.S. Patent No. 5,905,442 (``the `442 patent''); and claims
1, 3, and 14
[[Page 3484]]
of U.S. Patent No. 5,736,965 (``the `965 patent''). The complaint
further alleges that an industry in the United States exists as
required by subsection (a)(2) of section 337. The complainant requested
that the Commission issue a limited exclusion order and a cease and
desist order. The complaint named two firms as respondents: Leviton
Manufacturing Company, Inc. (``Leviton'') of Little Neck, New York, and
Control4 Corporation (``Control4'') of Salt Lake City, Utah.
On September 24, 2007, a joint motion between Lutron and Respondent
Leviton was filed seeking termination of this investigation based upon
a settlement agreement. On October 2, 2007, Lutron moved to terminate
the investigation as to respondent Control4 based on withdrawal of the
complaint. Control4 did not oppose Lutron's motion.
On November 15, 2007 the ALJ issued Order No. 9, terminating the
investigation as to Leviton and Order No. 10, terminating the
investigation with respect to Control4 and, inasmuch as no respondent
remains, terminating the investigation in its entirety. The Commission
has determined not to review the IDs.
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 of the Commission's Rules of Practice and Procedure
(19 CFR Sec. 210.42).
Issued: December 10, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-822 Filed 1-17-08; 8:45 am]
BILLING CODE 7020-02-P