[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Notices]
[Page 37051-37052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy07-101]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-610]
In the Matter of Certain Endodontic Instruments; 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 June 5, 2007, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Dentsply International Inc. of York, Pennsylvania. A supplement to the
complaint was filed on June 22, 2007. The complaint, as 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 endodontic instruments by reason of
infringement of U.S. Patent Nos. 5,628,674 and 6,206,695. The
complaint, as supplemented, 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 order.
ADDRESSES: The complaint and supplement, 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://www.usitc.gov. The
public record for this investigation may be viewed on the
[[Page 37052]]
Commission's electronic docket (EDIS) at http://www.usitc.gov/secretary/edis.htm
.
FOR FURTHER INFORMATION CONTACT: Erin D.E. Joffre, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2550.
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 the complaint and
supplement, the U.S. International Trade Commission, on June 27, 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 endodontic
instruments by reason of infringement of one or more of claims 1-3, and
5 of U.S. Patent No. 5,628,674 and claim 2 of U.S. Patent No.
6,206,695, 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:
Dentsply International Inc., Susquehanna Commerce Center, 221 West
Philadelphia Street, York, Pennsylvania 17405.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint,
as supplemented, is to be served:
Guidance Endodontics, LLC, 7520 Montgomery Blvd NE, Suite E-1,
Albuquerque, New Mexico 87109.
Micro Mega International Manufactures, BP 1353--5-12, rue du Tunnel,
25006 Besancon cedex, France.
(c) The Commission investigative attorney, party to this
investigation, is Erin D.E. Joffre, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Room 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Carl C.
Charneski 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 a limited exclusion
order or cease and desist order or both directed against the
respondent.
By order of the Commission.
Issued: July 2, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-13119 Filed 7-5-07; 8:45 am]
BILLING CODE 7020-02-P