[Federal Register: April 15, 2005 (Volume 70, Number 72)]
[Notices]
[Page 19969-19970]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap05-82]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-537]
In the Matter of Certain Weather Stations and Components 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 15, 2005 under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Richmond IP Holdings, LLC. A letter supplementing the complaint was
filed on April 4, 2005. 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 weather stations and components thereof by
reason of infringement of claim 1 of U.S. Patent No. 5,978,738 and
claims 26 and 30 of
[[Page 19970]]
U.S. Patent No. 6,076,044. The complaint further alleges that there
exists an industry in the United States 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 a permanent cease and desist order.
ADDRESSES: The complaint and supplemental letter, 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 Commission's electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2571.
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 (2005).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 8, 2005 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 weather
stations or components thereof by reason of infringement of claim 1 of
U.S. Patent No. 5,978,738 or claims 26 or 30 of U.S. Patent No.
6,076,044, 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 Richmond IP Holdings, LLC, 536 Granite
Avenue, Richmond, VA 23226.
(b) The respondents are the following companies alleged to be in
violation of Section 337, and are the parties upon which the complaint
is to be served:
Hideki Electronics, Inc., 7865 SW Mohawk, Tualatin, OR 97062
Hideki Electronics, Ltd., Units 2304-06, Riley House, 88 Lei Muk Road,
Kwai Chung, N.T., Hong Kong
Homedics-U.S.A., Inc., 3000 N. Pontiac Trail, Commerce Township, MI
48390
K&P International Holdings Limited, Units 2304-06, Riley House, 88 Lei
Muk Road, Kwai Chung, N.T., Hong Kong
Springfield Precision Instruments, Inc., P.O. Box 4003, 76 West Passaic
Street, Wood Ridge, NJ 07075
Taylor Precision Products LLC, 2311 W. 22nd Street, Oak Brook, IL 60523
(c) Thomas S. Fusco, Office of Unfair Import Investigations, U.S.
International Trade Commission, 500 E Street, SW., Room 401-E,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Robert L.
Barton, Jr. 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 no later than 20 days after
the date of service by the Commission of the complaint and notice of
investigation. Extensions of time for submitting a response to the
complaint 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 both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
the respondent.
By order of the Commission.
Issued: April 12, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-7601 Filed 4-14-05; 8:45 am]
BILLING CODE 7020-02-P