In the Matter of Certain Lighting Products, Components Thereof, and Products Containing the Same; Notice of Investigation, 8790-8791 [E7-3364]

Download as PDF 8790 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–572] In the Matter of Certain Insulin Delivery Devices Including Cartridges Having Adaptor Tops and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based Upon Withdrawal of the Complaint U.S. International Trade Commission. ACTION: Notice. cprice-sewell on PROD1PC62 with NOTICES AGENCY: 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’’) in the above-captioned investigation terminating the abovecaptioned investigation as to all respondents based on withdrawal of the complaint. 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 the public version of the ALJ’s ID and all other nonconfidential 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 (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 this investigation on June 9, 2006, based on a complaint filed by Novo Nordisk A/S of Denmark, Novo Nordisk Inc., of New Jersey and Novo Nordisk Pharmaceuticals Industries, Inc. of North Carolina. 71 FR 33484 (June 9, 2006). The complaint, as supplemented, 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 insulin delivery devices, including cartridges having adaptor tops, and components VerDate Aug<31>2005 15:22 Feb 26, 2007 Jkt 211001 thereof, by reason of infringement of claims 1–3, 5–7, 11, 18, and 19 of U.S. Patent 5,693,027. The complaint further alleged that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainants requested that the Commission issue a limited exclusion order and cease and desist order. The Commission named three companies as respondents: SanofiAventis Deutschland GmbH of Germany, Sanofi-Aventis of France, and Aventis Pharmaceuticals, Inc. of New Jersey. The ALJ set August 23, 2007 as the target date for completion of the investigation. On October 5, 2006, complainants filed a motion to withdraw the complaint and terminate the investigation as to all parties. The three respondents filed a response to the motion on October 13, 2006, arguing that while they did not oppose termination of the investigation, sanctions and termination with prejudice were appropriate. The Commission investigative attorney supported the motion for termination of the investigation and opposed imposition of sanctions and termination of the investigation with prejudice. On January 29, 2007, the ALJ issued the subject ID (Order No. 6) granting complainants’ motion to terminate the investigation without prejudice based upon withdrawal of the complaint. No petitions for review of the ID were filed. The Commission has determined not to review this ID. 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 and 210.42, 19 CFR 210.21 and 210.42. By order of the Commission. Issued: February 21, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–3393 Filed 2–26–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–594] In the Matter of Certain Lighting Products, Components Thereof, and Products Containing the Same; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. AGENCY: PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 23, 2007, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Cooper Lighting, Inc. of Peachtree City, GA. A supplement to the complaint was filed on February 9, 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 lighting products, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 6,082,878 and 5,662,413. The 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 a 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 Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Bryan F. Moore, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2767. 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, the U.S. International Trade Commission, on February 21, 2007, ordered that— E:\FR\FM\27FEN1.SGM 27FEN1 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices cprice-sewell on PROD1PC62 with NOTICES (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 products, components thereof, and products containing the same by reason of infringement of one or more of claims 23, 26, and 27 of U.S. Patent No. 6,082,878, and claims 1 and 7 of U.S. Patent No. 5,662,413, 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—Cooper Lighting, Inc., 1121 Highway 74 South, Peachtree City, GA 30269. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Cordelia Lighting, Inc., 20101 South Santa Fe Avenue, Rancho Dominguez, CA 90221. Jimway, Inc., 20101 South Santa Fe Avenue, Rancho Dominguez, CA 90221. (c) The Commission investigative attorney, party to this investigation, is Bryan F. Moore, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401–I, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Charles E. Bullock 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 VerDate Aug<31>2005 15:22 Feb 26, 2007 Jkt 211001 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. Issued: February 21, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–3364 Filed 2–26–07; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–550] In the Matter of Certain Modified Vaccinia Ankara (‘‘MVA’’) Viruses and Vaccines and Pharmaceutical Compositions Based Thereon; Notice of Commission Decision to Remand the Final Initial Determination Finding No Violation of Section 337 and To Extend the Target Date for Completion of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to remand the final initial determination (‘‘final ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the above-captioned investigation and to extend the target date for completion of the investigation to October 19, 2007. FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3065. 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 (http://www.usitc.gov). The public record for this investigation PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 8791 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 September 23, 2005, based on a complaint filed by Bavarian Nordic A/S of Denmark (‘‘Bavarian Nordic’’). The complaint 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 Modified Vaccinia Ankara (‘‘MVA’’) viruses and vaccines and pharmaceutical compositions based thereon by reason of infringement of various claims of United States Patent Nos. 6,761,893 and 6,913,752. The complaint also alleged violations of section 337 in the importation of certain MVA viruses and vaccines and pharmaceutical compositions based thereon or in the sale of such articles by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complaint named a single respondent, Acambis PLC (‘‘Acambis’’) of the United Kingdom. Only the patent allegations remain in this investigation. After a hearing and post-hearing briefing, the ALJ issued a final initial determination (‘‘final ID’’) on September 6, 2006, finding no violation of section 337. The ALJ held that the patents were infringed but invalid. Bavarian Nordic, Acambis, and the Commission investigative attorney filed petitions for review of the final ID. By notice of November 22, 2006, the Commission determined to review the final ID in its entirety, as well as Order No. 10, and to ask the parties for briefing on the issues on review and on remedy, public interest and bonding. The parties submitted their initial and reply briefs on December 12 and December 22, 2006, respectively. By notice of January 19, 2007, the Commission requested briefing on whether this investigation has become or will shortly become moot, and if so, whether the investigation should be terminated. The parties submitted briefing on January 26, 2007. The Commission has determined to remand the final ID to the ALJ and to extend the target date for completion of the investigation by eight months to October 19, 2007. This action is taken under the authority of section 337 of the Tariff Act E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Pages 8790-8791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3364]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-594]


In the Matter of Certain Lighting Products, Components Thereof, 
and Products Containing the Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 23, 2007, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Cooper Lighting, Inc. of Peachtree City, GA. A supplement to the 
complaint was filed on February 9, 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 lighting products, 
components thereof, and products containing the same by reason of 
infringement of certain claims of U.S. Patent Nos. 6,082,878 and 
5,662,413. The 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 a 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 Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Bryan F. Moore, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2767.
    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, the U.S. 
International Trade Commission, on February 21, 2007, ordered that--

[[Page 8791]]

    (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 
products, components thereof, and products containing the same by 
reason of infringement of one or more of claims 23, 26, and 27 of U.S. 
Patent No. 6,082,878, and claims 1 and 7 of U.S. Patent No. 5,662,413, 
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--Cooper Lighting, Inc., 1121 Highway 74 
South, Peachtree City, GA 30269.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Cordelia Lighting, Inc., 20101 South Santa Fe Avenue, Rancho Dominguez, 
CA 90221.
Jimway, Inc., 20101 South Santa Fe Avenue, Rancho Dominguez, CA 90221.

    (c) The Commission investigative attorney, party to this 
investigation, is Bryan F. Moore, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-I, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock 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.

    Issued: February 21, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-3364 Filed 2-26-07; 8:45 am]
BILLING CODE 7020-02-P