In the Matter of: Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof; Notice of Investigation, 21820-21821 [E9-10928]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Pages 21820-21821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10928]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-676]


In the Matter of: Certain Lighting Control Devices Including 
Dimmer Switches and Parts 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 April 7, 2009, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. 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 lighting control devices 
including dimmer switches and parts thereof that infringe certain 
claims of U.S. Patent Nos. 5,637,930 and 5,248,919 and U.S. Trademark 
Registration No. 3,061,804. The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

ADDRESSES: The complaint, 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: Benjamin Levi, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2781.

    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 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 4, 2009, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 lighting control devices including dimmer switches or parts 
thereof that infringe one or more of claims 36, 38-41, 47, 53, 54, 56, 
58, 60, 65, 67-70, 76, 82, 83, 85, 87, 89, 94, 96-99, 105, 111, 112, 
114, 116, 118, 178, 180, 189, and 197 of U.S. Patent No. 5,637,930 or 
claims 1, 2, 5-8, 11-13, 15-20, 23, 25-32, 35, 36, and 38 of U.S. 
Patent No. 5,248,919, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337; and
    (b) Whether there is a violation of subsection (a)(1)(C) 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 lighting control devices including dimmer switches or parts 
thereof by reason of infringement of U.S. Trademark Registration No. 
3,061,804, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337; and
    (2) 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 complainant is--Lutron Electronics Co., Inc., 7200 Suter 
Road, Coopersburg, PA 18036.
    (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: Universal Smart Electric Corp., 17795 Sky Park Circle, 
Suite H, Irvine, CA 92614.
    (c) The Commission investigative attorney, party to this 
investigation, is Benjamin Levi, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and

[[Page 21821]]

    (3) For the investigation so instituted, Paul J. Luckern, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate 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: May 5, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-10928 Filed 5-8-09; 8:45 am]
BILLING CODE 7020-02-P