[Federal Register: January 27, 2009 (Volume 74, Number 16)]
[Notices]
[Page 4760-4761]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja09-52]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-545 (Consolidated Enforcement and Advisory
Opinion Proceeding)]
In the Matter of Certain Laminated Floor Panels Certain
Laminated Floor Panels; Notice of a Commission Determination Not To
Review an Initial Determination Terminating Consolidated Enforcement
and Advisory Opinion Proceeding on the Basis of a Settlement Agreement
and Cross-License Agreement
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 38) of the presiding administrative law judge
(``ALJ'') in the above-captioned proceeding terminating the proceeding
on the basis of a settlement agreement and cross-license agreement.
FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3041. 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: The Commission instituted the underlying
investigation on August 3, 2005, based on a complaint filed by Unilin
Beheer B.V. of the Netherlands, Flooring Industries Ltd. of Ireland,
and Unilin Flooring N.C., LLC of North Carolina (collectively
``Unilin''). 70 FR 44,694 (August 3, 2005). The complaint, as amended,
alleged 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 laminated floor panels by reason of
infringement of one or more of claims 1, 14, 17, 19-21, 37, 52, 65, and
66 of U.S. Patent No. 6,006,486; claims 1, 2, 10, 13, 18, 19, 22-24,
and 27 of U.S. Patent No. 6,490,836 (``the `836 patent''); claims 1-6
of U.S. Patent No. 6,874,292 (``the `292 patent''); and claims 1, 5,
13, 17, 27 and 28 of U.S. Patent No. 6,928,779 (``the `779 patent'').
On January 5, 2007, the Commission issued its final determination
finding a violation of section 337 and infringement of claims 1, 2, 10,
18, and 23 of the `836 patent, claims 5 and 17 of the `779 patent, and
claims 3 and 4 of the `292 patent. The Commission determined to issue a
general exclusion order under 19 U.S.C. 1337(d)(2), as well as cease
and desist orders to certain respondents. On July 31, 2008, the U.S.
Court of Appeals for the Federal Circuit issued a decision in Yingbin-
Nature (Guangdong) Wood Industry Co., Ltd. v. Int'l Trade Comm'n., 535
F.3d 1322 (Fed. Cir. 2008) affirming the Commission's final
determination on violation.
Unilin filed a complaint on March 24, 2008, and a corrected
complaint on April 30, 2008, requesting that the Commission institute a
formal enforcement proceeding under Commission rule 210.75 to
investigate violations of the general exclusion order. The complaint
named as respondent Uniboard Canada, Inc. (Quebec, Canada)
(``Uniboard''). On April 15, 2008, Uniboard filed a request for an
advisory opinion that its products would not violate the general
exclusion order. Uniboard requested that the advisory opinion
proceeding be consolidated with the enforcement proceeding. On June 20,
2008, the Commission determined to consolidate the formal enforcement
and advisory opinion proceedings and certify the consolidated
proceedings to Judge Luckern. 73 FR. 36355 (June 25, 2008).
On December 8, 2008, Unilin and Uniboard jointly moved, pursuant to
[[Page 4761]]
Commission rule 210.21, to terminate the consolidated enforcement and
advisory opinion proceeding in light of a settlement agreement and a
cross-license agreement between Unilin and Uniboard. The Commission
investigative attorney filed a response in support of the motion.
The ALJ issued the subject ID on December 29, 2008, granting the
joint motion to terminate the proceeding. No petitions for review were
filed and the Commission has determined not to review the subject ID.
The consolidated enforcement and advisory opinion proceeding is
terminated.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules
210.21, 210.42, 19 CFR 210.21, 210.42.
By order of the Commission.
Issued: January 21, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-1702 Filed 1-26-09; 8:45 am]
BILLING CODE 7020-02-P