In the Matter of Certain Light-Emitting Diodes and Products Containing Same; Notice of Issuance on Remand of a Limited Exclusion Order With Respect to Certain Patents, 17999-18000 [E8-6805]

Download as PDF Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices 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. rmajette on PROD1PC64 with NOTICES 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 VerDate Aug<31>2005 15:36 Apr 01, 2008 Jkt 214001 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 § 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 17999 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 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–512] In the Matter of Certain Light-Emitting Diodes and Products Containing Same; Notice of Issuance on Remand of a Limited Exclusion Order With Respect to Certain Patents U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has, on remand from the United States Court of Appeals for the Federal Circuit, determined to issue a limited exclusion order with respect to five patents in the above-referenced investigation. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5468. 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. E:\FR\FM\02APN1.SGM 02APN1 18000 Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Notices The Commission instituted this investigation on June 10, 2004, based on a complaint filed by Osram GmbH and Osram Opto Semiconductors GmbH of Germany (collectively, ‘‘Osram’’). The complaint 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 light-emitting diodes and products containing the same due to infringement of various claims of United States Patent Nos. 6,066,861, 6,277,301, 6,613,247, 6,245,259, 6,592,780 (‘‘the Particle Size Patents’’), 6,576,930 (‘‘the ’930 patent’’), 6,376,902, 6,469,321, 6,573,580 (‘‘the Lead Frame Patents’’), and 6,716,673 (‘‘the ‘673 patent’’). rmajette on PROD1PC64 with NOTICES SUPPLEMENTARY INFORMATION: The Commission found that respondent Dominant Semiconductors Sdn. Bhd. violated section 337 with respect to the Lead Frame Patents and the ‘673 patent, but not with regard to the Particle Size Patents and the ‘930 patent. The Commission issued a limited exclusion order directed to light emitting diodes that infringe the Lead Frame Patents and the ‘673 patent. On appeal by Osram, the Federal Circuit reversed the Commission’s determination of no violation with regard to the Particle Size Patents and remanded the investigation to the Commission for further proceedings, i.e., remedy, the public interest, and bonding. Prior to the remand, the parties had briefed the issues of remedy, the public interest, and bonding. Having examined the record of this investigation, including the submissions of the parties, the Commission has determined on remand (1) to issue a limited exclusion order with respect to the Particle Size Patents; (2) that the public interest factors set out in 19 U.S.C. 1337(d) do not preclude issuance of such an order; and (3) that the amount of the bond to be posted pursuant to 19 U.S.C. 1337(j) during the Presidential review period be set at 100 percent of the entered value of the subject articles. The Commission’s order was delivered to the President on the day of its issuance. The Commission’s prior remedial order issued in this investigation remains in effect. 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). By order of the Commission. VerDate Aug<31>2005 15:36 Apr 01, 2008 Jkt 214001 Issued: March 28, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–6805 Filed 4–1–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–08–006] Government in the Sunshine Act Meeting Notice United States International Trade Commission. TIME AND DATE: April 10, 2008 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. Nos. 701–TA–415 and 731– TA–933 and 934 (Review) (Polyethylene Terephthalate (PET) Film, Sheet, and Strip from India and Taiwan)—briefing and vote. (The Commission is currently scheduled to transmit its determinations and Commissioners’ opinions to the Secretary of Commerce on or before April 23, 2008.) 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. AGENCY HOLDING THE MEETING: By order of the Commission. Issued: March 28, 2008. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E8–6792 Filed 4–1–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on March 26, 2008, a proposed consent decree in United States, et al., v. General Metals of Tacoma, Inc., No. 3:08–cv–5183–RJB, was lodged with the United States District Court for the Western District of Washington. In this action the United States, State of Washington, Puyallup Tribe of Indians and Muckleshoot Indian Tribe sought natural resource damages for releases of hazardous substances into PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Commencement Bay, Washington. Under the consent decree, defendant will fund a habitat restoration project in Pierce County, Washington, pay up to $50,000 for project oversight costs, and reimburse $479,559.38 in damage assessment costs. For thirty (30) days after the date of this publication, the Department of Justice will receive comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. In either case, the comments should refer to United States v. General Metals of Tacoma, Inc., No. 3:08–cv–5183–RJB, D.J. Ref. No. 90–11– 2–1049/11. During the comment period, the Consent Decree may be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $9.75 for the decree only or $28.50 for the decree with attachments (25 cents per page reproduction cost) payable to the United States Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. E8–6729 Filed 4–1–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application This is notice that on January 23, 2008, Stepan Company, Natural Products Department, 100 W. Hunter Avenue, Maywood, New Jersey 07607, made application by renewal to the Drug Enforcement Administration (DEA) for registration as an importer of Coca Leaves (9040), a basic class of E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Notices]
[Pages 17999-18000]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6805]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-512]


In the Matter of Certain Light-Emitting Diodes and Products 
Containing Same; Notice of Issuance on Remand of a Limited Exclusion 
Order With Respect to Certain Patents

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has, on remand from the United States Court of Appeals for 
the Federal Circuit, determined to issue a limited exclusion order with 
respect to five patents in the above-referenced investigation.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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.

[[Page 18000]]


SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 10, 2004, based on a complaint filed by Osram GmbH and Osram 
Opto Semiconductors GmbH of Germany (collectively, ``Osram''). The 
complaint 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 light-emitting diodes and products containing 
the same due to infringement of various claims of United States Patent 
Nos. 6,066,861, 6,277,301, 6,613,247, 6,245,259, 6,592,780 (``the 
Particle Size Patents''), 6,576,930 (``the '930 patent''), 6,376,902, 
6,469,321, 6,573,580 (``the Lead Frame Patents''), and 6,716,673 (``the 
`673 patent'').
    The Commission found that respondent Dominant Semiconductors Sdn. 
Bhd. violated section 337 with respect to the Lead Frame Patents and 
the `673 patent, but not with regard to the Particle Size Patents and 
the `930 patent. The Commission issued a limited exclusion order 
directed to light emitting diodes that infringe the Lead Frame Patents 
and the `673 patent. On appeal by Osram, the Federal Circuit reversed 
the Commission's determination of no violation with regard to the 
Particle Size Patents and remanded the investigation to the Commission 
for further proceedings, i.e., remedy, the public interest, and 
bonding. Prior to the remand, the parties had briefed the issues of 
remedy, the public interest, and bonding.
    Having examined the record of this investigation, including the 
submissions of the parties, the Commission has determined on remand (1) 
to issue a limited exclusion order with respect to the Particle Size 
Patents; (2) that the public interest factors set out in 19 U.S.C. 
1337(d) do not preclude issuance of such an order; and (3) that the 
amount of the bond to be posted pursuant to 19 U.S.C. 1337(j) during 
the Presidential review period be set at 100 percent of the entered 
value of the subject articles. The Commission's order was delivered to 
the President on the day of its issuance. The Commission's prior 
remedial order issued in this investigation remains in effect.
    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).

    By order of the Commission.

    Issued: March 28, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-6805 Filed 4-1-08; 8:45 am]
BILLING CODE 7020-02-P