In the Matter of Certain Catheter, Consoles and Other Apparatus for Cryosurgery, and Components Thereof; Notice of Investigation, 17998-17999 [E8-6700]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Notices]
[Pages 17998-17999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6700]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-642]


In the Matter of Certain Catheter, Consoles and Other Apparatus 
for Cryosurgery, and Components Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 28, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
CryoCor, Inc. of San Diego, California and AMS Research Corporation of 
Minnetonka, Minnesota. A supplement to the

[[Page 17999]]

complaint was filed on March 21. The complaint alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain catheter, consoles and other apparatus for 
cryosurgery, and components thereof that infringe certain claims of 
U.S. Patent No. 6,471,694, U.S. Patent No. 6,572,610, and U.S. Patent 
No. RE 40,049. The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

ADDRESSES: The complaint, as supplemented, except for any confidential 
information contained therein, is 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: Mareesa A. Frederick, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2055.

    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 (2007).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 25, 2008, ordered that--
    (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 catheter, 
consoles, and other apparatus for cryosurgery and components thereof 
that infringe one or more of claims 1, 2, 13, and 14 of U.S. Patent No. 
6,471,694; claims 3 and 5-7 of U.S. Patent No. 6,572,610; or claims 2 
and 3 of U.S. Patent RE 40,049, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR Sec.  
210.50(b)(1), the presiding administrative law judge shall take 
evidence or other information and hear arguments from the parties and 
other interested persons with respect to the public interest in this 
investigation, as appropriate, and provide the Commission with findings 
of fact on this issue;
    (3) 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 complainants are--CryoCor, Inc., 9717 Pacific Heights 
Boulevard, San Diego, California 92121; AMS Research Corporation, 10700 
Bren Road West, Minnetonka, Minnesota 55343.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: CryoCath Technologies, Inc., 16771 Chemin Ste-Marie, 
Kirkland, Quebec, H9H 5H3, Canada.
    (c) The Commission investigative attorney, party to this 
investigation, is Mareesa A. Frederick, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401E, Washington, DC 20436; and
    (4) 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 respondent 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 the 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 an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 27, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-6700 Filed 3-31-08; 8:45 am]
BILLING CODE 7020-02-P