[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Notices]
[Page 69228]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de07-72]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-600]
In the Matter of Certain Rechargeable Lithium-Ion Batteries,
Components Thereof, and Products Containing Same; Notice of Commission
Decision Not To Review an Initial Determination Terminating the
Investigation as to Respondent Sanyo Electric Co., LTD. Based on a
Settlement Agreement
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'') of the presiding administrative law judge (``ALJ'') (Order No.
18) in the above-captioned investigation terminating this
investigation, as to respondent Sanyo Electric Co., Ltd. (``Sanyo'').
FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5432. 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 April
27, 2007, based on a complaint filed by 3M Company and 3M Innovative
Properties Company of St. Paul, Minnesota (collectively ``3M''). 72 FR
21,050 (April 27, 2006). The complaint, as amended and supplemented,
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 rechargeable lithium-ion batteries,
components thereof, and products containing the same by reason of
infringement of one or more of claims 1, 2, 13, and 15-19 of U.S.
Patent No. 6,964,828 (``the `828 patent'') and claims 10, 15, 16, and
22 of U.S. Patent No. 7,078,128 (``the `128 patent''). The amended
complaint also alleges that a domestic industry exists with regard to
the `828 and `128 patents under 19 U.S.C. Sec. 1337 subsections (a)(2)
and (a)(3). The amended complaint names Sony Corporation and Sony
Electronics, Inc. (collectively, ``Sony''); Lenovo Group Ltd. (Hong
Kong) and Lenovo Group Inc. (USA) (collectively, ``Lenovo''); CDW
Corporation; Batteries Com, LLC; Hitachi Koki USA, Ltd.; Matsushita
Industrial Electric Co., Ltd.; Panasonic Corporation of North America;
Total Micro Technologies Inc. (``Total Micro''); and Sanyo Electric
Co., Ltd. as the proposed respondents. Subsequently, the target date of
November 28, 2008 (19 months) was set and, later, respondents
Matsushita Industrial Electric Co., Ltd., Panasonic Corporation of
North America, Batteries Com, Lenovo, Total Micro, and Sony were
terminated from the investigation on the basis of settlement
agreements. None of those determinations were reviewed by the
Commission.
On November 9, 2007, the ALJ issued the subject ID terminating this
investigation as to Sanyo pursuant to Commission rule 210.21 based on a
settlement agreement between Sanyo and 3M. No petitions for review of
the ID were filed. The Commission has determined not to review the 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 section 210.21, 210.42 of the Commission's Rules of Practice and
Procedure (19 CFR 210.21, 210.42).
By order of the Commission.
Issued: December 3, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-23762 Filed 12-6-07; 8:45 am]
BILLING CODE 7020-02-P