[Federal Register: April 5, 2007 (Volume 72, Number 65)]
[Notices]
[Page 16819-16820]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap07-122]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-599]
In the Matter of Certain Lighting Control Devices Including
Dimmer Switches and/or Switches and Parts Thereof; 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 March 2, 2007, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. An amended
complaint was filed on March 19, 2007. The 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
certain claims of U.S. Patent Nos. 5,637,930, 5,248,919, 5,982,103,
5,905,442, and 5,736,965. The amended 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 permanent exclusion
order and permanent cease and desist orders.
ADDRESSES: The amended complaint, except for any confidential
information contained therein, is 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://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at http://www.usitc.gov/secretary/edis.htm
[[Page 16820]]
FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2781.
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 (2006).
Scope of Investigation: Having considered amended complaint, the
U.S. International Trade Commission, on March 30, 2007, Ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine 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 lighting
control devices including dimmer switches and/or switches and parts
thereof by reason of infringement of one or more of claims 1, 36, 65,
83, 85, 87, 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; claims 44, 47, and
49 of U.S. Patent No. 5,248,919; claims 1-5, 8-10, 12, and 22 of U.S.
Patent No. 5,982,103; claims 151, 152, and 155-157 of U.S. Patent No.
5,905,442; and claims 1, 3, and 14 of U.S. Patent No. 5,736,965; and
whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(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--Lutron Electronics Co., Inc., 7200 Suter
Road, Coopersburg, Pennsylvania 18036.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Leviton Manufacturing Co., Inc., 59-25 Little Neck Parkway, Little
Neck, New York 11362.
Control4, 11734 South Election Road, Salt Lake City, Utah 84020.
(c) The Commission investigative attorney, party to this
investigation, is Benjamin Levi, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Room 401-R, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Robert L.
Barton, Jr. is designated as the presiding administrative law judge.
Responses to the amended 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 amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended 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 amended 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 amended complaint and this
notice and to enter an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or cease and desist order or both directed against a
respondent.
Issued: March 30, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-6394 Filed 4-4-07; 8:45 am]
BILLING CODE 7020-02-P