In the Matter of Certain Male Prophylactic Devices; Notice of Commission Determination To Reverse an Initial Determination of the Administrative Law Judge That Section 337 Has Been Violated; Termination of Investigation With a Finding of No Violation of Section 337, 35509-35510 [E7-12519]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Notices]
[Pages 35509-35510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12519]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-546]


In the Matter of Certain Male Prophylactic Devices; Notice of 
Commission Determination To Reverse an Initial Determination of the 
Administrative Law Judge That Section 337 Has Been Violated; 
Termination of Investigation With a Finding of No Violation of Section 
337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to reverse the presiding administrative law 
judge's finding of violation of section 337 of the Tariff Act, as 
amended, and has terminated the investigation with a finding of no 
violation of section 337.

FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3116. The public version 
of all 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-ON-LINE) 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 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;

[[Page 35510]]

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, in which he ruled 
that there is a violation of section 337 based on the infringement of 
certain valid claims and found that there is a domestic industry. In 
further briefing before the Commission, all parties claimed error.
    Upon consideration of the parties' submissions and the record in 
this proceeding, the Commission has determined to reverse the ALJ's 
finding of violation of section 337 and has terminated the 
investigation with a finding of no violation. In reaching this 
conclusion, the Commission has reversed the ALJ's finding that the 
accused products infringe certain claims of U.S. Patent No. 5,082,004, 
as well as his finding that certain claims of that patent are invalid 
as anticipated by the prior art.
    The authority for this notice is contained in section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 
210.45(c) of the Commission's Rules of Practice and Procedure (19 CFR 
210.45(c)).

    Issued: June 21, 2007.

    By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
 [FR Doc. E7-12519 Filed 6-27-07; 8:45 am]
BILLING CODE 7020-02-P