In the Matter of Certain Lighting Products, Components Thereof, and Products Containing the Same; Notice of Investigation, 8790-8791 [E7-3364]
Download as PDF
<![CDATA[
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 (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
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 https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://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 (https://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 https://
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 https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://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
