Government in the Sunshine Act Meeting Notice, 31095 [E7-10793]
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Federal Register / Vol. 72, No. 107 / Tuesday, June 5, 2007 / Notices
is a violation of 19 U.S.C. 1337 by
Metrologic Instruments, Inc. and Metro
(Suzhou) Technologies Co., Ltd. in the
above-captioned investigation. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Paul
M. Bartkowski, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–5432. 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 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: This
investigation was instituted on October
26, 2005, based on a complaint filed by
Symbol Technologies Inc. (‘‘Symbol’’) of
Holtsville, New York. The complaint, as
amended, alleged violations of section
337 of the Tariff Act of 1930 (19 U.S.C.
1337) in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain laser bar code
scanners or scan engines, components
thereof, or products containing the
same, by reason of infringement of
various claims of United States Patent
Nos. 5,457,308 (‘‘the ’308 patent’’);
5,545,889 (‘‘the ’889 patent’’); 6,220,514
(‘‘the ’514 patent’’); 5,262,627 (‘‘the ’627
patent’’); and 5,917,173 (‘‘the ’173
patent’’). The complaint named two
respondents: Metro Technologies Co.,
Ltd. of Suzhou, China; and Metrologic
Instruments, Inc. of Blackwood, New
Jersey (collectively, ‘‘Metrologic’’).
On January 29, 2007, the ALJ issued
an initial determination (‘‘ID’’) finding a
violation of Section 337 in the
importation of certain laser bar code
scanners and scan engines, components
thereof, and products containing the
same, in connection with certain
asserted claims. The ID also issued
monetary sanctions against Respondents
for discovery abuses. Complainant,
Respondents, and the Commission
investigative attorney (IA) each filed
petitions for review of the ID on
February 8, 2007. They each filed
VerDate Aug<31>2005
17:28 Jun 04, 2007
Jkt 211001
responses to each other’s petitions on
February 16, 2007.
On February 21, 2007, the
Commission extended the deadline for
determining whether to review the
subject ID by fifteen (15) days, to March
30, 2007. On March 30, 2007, the
Commission determined to review the
final ID in part. Specifically, the
Commission determined to review: (1)
The construction of ‘‘single, unitary,
flexural component’’ in the ’173 patent,
and related issues of infringement,
domestic industry, and validity; (2) the
construction of ‘‘oscillatory support
means’’ in the ’627 patent, and related
issues of infringement, domestic
industry, and validity; (3) the
construction of claims containing the
so-called ‘‘central area’’ limitations in
the ’889 patent, and related issues of
infringement, domestic industry, and
validity; (4) the construction of the
‘‘scan fragment’’ limitation in the ’308
patent; and (5) the construction of the
term ‘‘plurality’’ in the ’308 patent.
Having examined the record of this
investigation, including the ALJ’s final
ID, the Commission has determined to
make the following modifications to the
claim constructions set forth in the final
ID: (1) The ‘‘single, unitary, flexural
component’’ in the ’173 patent must
include ‘‘portions integral with each
other;’’ (2) in the ’627 patent, the
‘‘oscillatory support means’’ must
oscillate; (3) limitations in the ’889
patent containing requirements that the
folding mirror be ‘‘near’’ or ‘‘adjacent’’
the central area of the collecting mirror
allow for the folding mirror to be
positioned close to, and either in front
of or behind, the central area of the
collecting mirror, but not mounted to
the collecting mirror outside of the
central area; (4) ‘‘scan fragment,’’ as
used in the ’308 patent, means ‘‘a scan
that reads less than all of a bar code
symbol and that would have been
discarded before the advent of scanstitching techniques;’’ and (5) the term
‘‘plurality’’ in the ’308 patent means
‘‘two or more.’’ These changes do not
affect the ALJ’s findings on validity,
infringement, or domestic industry. The
Commission therefore affirms those
findings, as well as the finding of a
violation of section 337 by Metrologic
with regard to certain asserted claims of
the ’627 and ’173 patents.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.45 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.45).
Issued: May 30, 2007.
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31095
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–10739 Filed 6–4–07; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–07–010]
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
TIME AND DATE: June 6, 2007 at 11 a.m.
PLACE: Room 101, 500 E Street, SW.,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED: 1. Agenda
for future meetings: None.
2. Minutes.
3. Ratification List.
4. Inv. No. 731–TA–894 (Review)
(Certain Ammonium Nitrate from
Ukraine)—briefing and vote. (The
Commission is currently scheduled to
transmit its determination and
Commissioners’ opinions to the
Secretary of Commerce on or before
June 19, 2007.)
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting. Earlier notice of this
meeting was not possible.
AGENCY HOLDING THE MEETING:
Issued: May 31, 2007.
By order of the Commission.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. E7–10793 Filed 6–4–07; 8:45 am]
BILLING CODE 7020–02–P
NATIONAL TRANSPORTATION
SAFETY BOARD
Sunshine Act Meeting Agenda
9:30 a.m., Thursday,
June 14, 2007.
PLACE: NTSB Conference Center, 429
L’Enfant Plaza, SW., Washington, DC
20594.
STATUS: The two items are open to the
public.
MATTERS TO BE CONSIDERED:
7896 Pipeline Accident Brief and
Safety Recommendation Letters—
Anhydrous Ammonia Pipeline Rupture
Near Kingman, Kansas, October 27,
2004.
TIME AND DATE:
E:\FR\FM\05JNN1.SGM
05JNN1
Agencies
[Federal Register Volume 72, Number 107 (Tuesday, June 5, 2007)]
[Notices]
[Page 31095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10793]
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INTERNATIONAL TRADE COMMISSION
[USITC SE-07-010]
Government in the Sunshine Act Meeting Notice
Agency Holding the Meeting: United States International Trade
Commission.
Time and Date: June 6, 2007 at 11 a.m.
Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone:
(202) 205-2000.
Status: Open to the public.
Matters to be Considered: 1. Agenda for future meetings: None.
2. Minutes.
3. Ratification List.
4. Inv. No. 731-TA-894 (Review) (Certain Ammonium Nitrate from
Ukraine)--briefing and vote. (The Commission is currently scheduled to
transmit its determination and Commissioners' opinions to the Secretary
of Commerce on or before June 19, 2007.)
5. Outstanding action jackets: None.
In accordance with Commission policy, subject matter listed above,
not disposed of at the scheduled meeting, may be carried over to the
agenda of the following meeting. Earlier notice of this meeting was not
possible.
Issued: May 31, 2007.
By order of the Commission.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. E7-10793 Filed 6-4-07; 8:45 am]
BILLING CODE 7020-02-P