In the Matter of Certain Male Prophylactic Devices, 35260 [E7-12400]
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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Notices
INTERNATIONAL TRADE
COMMISSION
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–894 (Review)]
[Inv. No. 337–TA–546]
Certain Ammonium Nitrate From
Ukraine
In the Matter of Certain Male
Prophylactic Devices
Determination
Order
On the basis of the record 1 developed
in the subject five-year review, the
United States International Trade
Commission (Commission) determines,
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)) (the
Act), that revocation of the antidumping
duty order on certain ammonium nitrate
from Ukraine would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.
Background
The Commission instituted this
review on August 1, 2006 (71 FR 43516)
and determined on November 6, 2006
that it would conduct a full review (71
FR 67366, November 21, 2006). Notice
of the scheduling of the Commission’s
review and of a public hearing to be
held in connection therewith was given
by posting copies of the notice in the
Office of the Secretary, U.S.
International Trade Commission,
Washington, DC, and by publishing the
notice in the Federal Register on
December 15, 2006 (71 FR 75579). The
hearing was held in Washington, DC, on
April 17, 2007, and all persons who
requested the opportunity were
permitted to appear in person or by
counsel.
The Commission transmitted its
determination in this review to the
Secretary of Commerce on June 19,
2007. The views of the Commission are
contained in USITC Publication 3924
(June 2007), entitled Certain
Ammonium Nitrate from Ukraine:
Investigation No. 731–TA–894 (Review).
Issued: June 20, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7–12427 Filed 6–26–07; 8:45 am]
jlentini on PROD1PC65 with NOTICES
BILLING CODE 7020–02–P
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR § 207.2(f)).
VerDate Aug<31>2005
15:50 Jun 26, 2007
Jkt 211001
This investigation was instituted on
August 5, 2005, based on a complaint
filed on behalf of Portfolio
Technologies, Inc., of Chicago, Illinois.
70 FR 45422. The complaint, as
amended and supplemented, alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 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 male prophylactic
devices by reason of infringement of
claims 1–27, 31–33, and 36 of U.S.
Patent No. 5,082,004. The respondents
named in the investigation are Church
& Dwight Co., Inc., of Princeton, New
Jersey (‘‘C&D’’); Reddy Medtech, Ltd., of
Tamil Nadu, India; and Intellx, Inc., of
Petoskey, Michigan.
On June 30, 2006, the presiding
administrative law judge (‘‘ALJ’’) issued
a final initial determination (‘‘ID’’) in
which he ruled that there is no violation
of section 337 of the Tariff Act of 1930,
as amended. He found that certain valid
claims were infringed, but concluded
that there was no domestic industry
under the economic prong of the
domestic industry requirement. All
parties petitioned for review of various
parts of the final ID.
On September 29, 2006, the
Commission determined to review the
issues of claim construction,
infringement, invalidity due to
anticipation, and domestic industry,
and requested briefing on these issues
and certain subissues. 71 FR 58875 (Oct.
5, 2006). On December 5, 2006, the
Commission determined to affirm in
part, reverse in part, and remand in part
the final ID. Among other things, the
Commission reversed the ALJ’s finding
of no domestic industry under the
economic prong. The Commission also
determined to extend the target date for
completion of the investigation until
June 5, 2007. The date was subsequently
moved to June 21, 2007, by an
unreviewed ID.
On March 19, 2007, the ALJ issued his
remand ID (‘‘IDR’’), in which he ruled
that there is a violation of section 337
based on the infringement of certain
valid claims and the finding that there
is a domestic industry. In further
briefing before the Commission, all
parties claimed error.
PO 00000
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Fmt 4703
Sfmt 4703
Having examined the parties’
submissions and the record in this
proceeding, it is hereby ordered that —
(1) The ALJ’s finding of violation of
section 337 is reversed;
(2) The ALJ’s finding that the accused
products infringe certain claims of U.S.
Patent No. 5,082,004 is reversed;
(3) The ALJ’s finding that the Twisted
Pleasure product fails to meet the
thickness limitation of claims 22 and 25
of the asserted patent is reversed;
(4) The ALJ’s finding that C&D waived
its argument that claim 31 of the
asserted patent is invalid as anticipated
by the prior art is reversed;
(5) The ALJ’s finding that claims 1, 6,
and 9 of the asserted patent are invalid
in view of the prior art are reversed;
(6) The IDR is vacated except where
consistent with the determination of the
Commission;
(7) The motion of the Office of Unfair
Import Investigations to file its reply out
of time is granted;
(8) The investigation is terminated
with a finding of no violation of section
337;
(9) The Secretary shall serve a copy of
this Order and the Commission Opinion
in support thereof, as soon as it is
issued, upon each party to the
investigation; and
(10) The Secretary shall publish
notice of this order and termination of
the investigation in the Federal
Register.
Issued: June 21, 2007.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E7–12400 Filed 6–26–07; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–492]
China: Description of Selected
Government Practices and Policies
Affecting Decision-Making in the
Economy
United States International
Trade Commission.
ACTION: Institution of investigation and
scheduling of public hearing.
AGENCY:
SUMMARY: Following receipt of a request
on May 29, 2007, from the Committee
on Ways and Means of the U.S. House
of Representatives (Committee) for a
series of three reports under section
332(g) of the Tariff Act of 1930 (19
U.S.C. (332(g)) on U.S.-China trade, the
Commission instituted investigation No.
332–492, China: Description of Selected
E:\FR\FM\27JNN1.SGM
27JNN1
]]>Agencies
[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Notices]
[Page 35260]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12400]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-546]
In the Matter of Certain Male Prophylactic Devices
Order
This investigation was instituted on August 5, 2005, based on a
complaint filed on behalf of Portfolio Technologies, Inc., of Chicago,
Illinois. 70 FR 45422. The complaint, as amended and supplemented,
alleged violations of section 337 of the Tariff Act of 1930, as
amended, 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 male prophylactic devices by reason of
infringement of claims 1-27, 31-33, and 36 of U.S. Patent No.
5,082,004. The respondents named in the investigation are Church &
Dwight Co., Inc., of Princeton, New Jersey (``C&D''); Reddy Medtech,
Ltd., of Tamil Nadu, India; and Intellx, Inc., of Petoskey, Michigan.
On June 30, 2006, the presiding administrative law judge (``ALJ'')
issued a final initial determination (``ID'') in which he ruled that
there is no violation of section 337 of the Tariff Act of 1930, as
amended. He found that certain valid claims were infringed, but
concluded that there was no domestic industry under the economic prong
of the domestic industry requirement. All parties petitioned for review
of various parts of the final ID.
On September 29, 2006, the Commission determined to review the
issues of claim construction, infringement, invalidity due to
anticipation, and domestic industry, and requested briefing on these
issues and certain subissues. 71 FR 58875 (Oct. 5, 2006). On December
5, 2006, the Commission determined to affirm in part, reverse in part,
and remand in part the final ID. Among other things, the Commission
reversed the ALJ's finding of no domestic industry under the economic
prong. The Commission also determined to extend the target date for
completion of the investigation until June 5, 2007. The date was
subsequently moved to June 21, 2007, by an unreviewed ID.
On March 19, 2007, the ALJ issued his remand ID (``IDR''), in which
he ruled that there is a violation of section 337 based on the
infringement of certain valid claims and the finding that there is a
domestic industry. In further briefing before the Commission, all
parties claimed error.
Having examined the parties' submissions and the record in this
proceeding, it is hereby ordered that --
(1) The ALJ's finding of violation of section 337 is reversed;
(2) The ALJ's finding that the accused products infringe certain
claims of U.S. Patent No. 5,082,004 is reversed;
(3) The ALJ's finding that the Twisted Pleasure product fails to
meet the thickness limitation of claims 22 and 25 of the asserted
patent is reversed;
(4) The ALJ's finding that C&D waived its argument that claim 31 of
the asserted patent is invalid as anticipated by the prior art is
reversed;
(5) The ALJ's finding that claims 1, 6, and 9 of the asserted
patent are invalid in view of the prior art are reversed;
(6) The IDR is vacated except where consistent with the
determination of the Commission;
(7) The motion of the Office of Unfair Import Investigations to
file its reply out of time is granted;
(8) The investigation is terminated with a finding of no violation
of section 337;
(9) The Secretary shall serve a copy of this Order and the
Commission Opinion in support thereof, as soon as it is issued, upon
each party to the investigation; and
(10) The Secretary shall publish notice of this order and
termination of the investigation in the Federal Register.
Issued: June 21, 2007.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E7-12400 Filed 6-26-07; 8:45 am]
BILLING CODE 7020-02-P
