In the Matter of Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire; Notice of Commission Determination To Review-In-Part a Final Initial Determination and To Affirm the Finding of No Violation of Section 337; Termination of the Investigation, 60480 [2010-24566]
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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in
sections 210.42(h) and 210.43 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.42(h), 210.43.
By order of the Commission.
Issued: September 24, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–24565 Filed 9–29–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–686]
In the Matter of Certain Bulk Welding
Wire Containers and Components
Thereof and Welding Wire; Notice of
Commission Determination To ReviewIn-Part a Final Initial Determination and
To Affirm the Finding of No Violation
of Section 337; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review a
portion of the final initial determination
(‘‘ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’) on July
29, 2010 finding no violation of section
337 in the above-captioned
investigation, but to affirm his finding of
no violation.
FOR FURTHER INFORMATION CONTACT: Jia
Chen, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street, SW., Washington, DC
20436, telephone (202) 708–4737.
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.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on September 8, 2009, based on a
mstockstill on DSKH9S0YB1PROD with NOTICES6
SUMMARY:
VerDate Mar<15>2010
17:48 Sep 29, 2010
Jkt 220001
complaint filed by the Lincoln Electric
Company of Cleveland, Ohio and
Lincoln Global, Inc. of City of Industry,
California (collectively, ‘‘Lincoln’’). 74
FR 46223 (Sept. 8, 2009). The complaint
alleged violations 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 bulk welding wire containers,
components thereof, and welding wire
by reason of infringement of certain
claims of United States Patent Nos.
6,260,781; 6,648,141; 6,708,864 (‘‘the
‘864 patent’’); 6,913,145; 7,309,038;
7,398,881; and 7,410,111. ld. The
amended complaint named the
following respondents: Atlantic China
Welding Consumables, Inc. of Sichuan,
China (‘‘Atlantic’’); The ESAB Group,
Inc. of Florence, South Carolina
(‘‘ESAB’’); Hyundai Welding Co., Ltd. of
Seoul, Korea (‘‘Hyundai’’); Kiswel Co.,
Ltd. of Seoul, Korea (‘‘Kiswel’’); and
Sidergas SpA of Ambrogio (Verona),
Italy (‘‘Sidergas’’). 74 FR 61706 (Nov. 25,
2009). Respondents Hyundai, Kiswel,
and Atlantic were subsequently
terminated from the investigation,
leaving ESAB and Sidergas as the only
respondents remaining. In addition, all
but the ‘864 patent were terminated
from this investigation.
On July 29, 2010, the ALJ issued a
final ID finding no violation of Section
337 by respondents ESAB or Sidergas.
The ALJ concluded that none of the
accused ESAB and Sidergas products
infringe asserted claims 3, 4, 6, 12, or 13
of the ‘864 patent. The ALJ further
concluded that claim 3 of the ‘864
patent is invalid under 35 U.S.C. 102(b)
and that claims 4, 6, 12, and 13 of the
‘864 patent are valid and enforceable.
The ALJ did find that complainant
satisfied both the technical and the
economic prong of the domestic
industry requirement with respect to the
‘864 patent. On August 11, 2010,
Lincoln filed a petition for review. On
the same day, respondents ESAB and
Sidergas filed a consolidated petition for
review. The IA did not file a petition for
review.
Having examined the record of this
investigation, including the ALJ’s final
ID and the submissions of the parties,
the Commission has determined to
affirm the ALJ’s determination that there
is no violation of Section 337.
Specifically, the Commission has
determined to affirm the ALJ’s
determination that there is no literal
infringement of the asserted claims. The
Commission has also determined to
affirm the ALJ’s determination that there
is no infringement of the asserted claims
under the doctrine of equivalents based
on (1) the ALJ’s finding that substantial
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
differences exist between the accused
products and the asserted claims, and
(2) the ALJ’s application of Johnson &
Johnston Assoc. Inc. v. R.E. Services
Co., 285 F.3d 1036 (Fed. Cir. 2002) (en
banc). The Commission has determined
to review the following four issues and
to take no position on them: (1) The
claim construction of the terms
‘‘substantially lying in a single plane’’
recited in independent claim 3 and
‘‘substantially in one plane’’ recited in
independent claims 6 and 12; (2) the
priority date of the asserted claims; (3)
invalidity of claim 3 under 35 U.S.C.
102(b); and (4) validity of claims 4, 6,
12, and 13 under 35 U.S.C. 102(b). No
other issues are being reviewed.
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), and in
sections 210.42–46 and 210.50 of the
Commission’s Rules of Practice and
Procedure (19 C.F.R. 210.42–46 and
210.50).
By order of the Commission.
Issued: September 24, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–24566 Filed 9–29–10; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0040]
Concrete and Masonry Construction;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
AGENCY:
OSHA solicits public
comments concerning its proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Standard on Concrete
and Masonry Construction (29 CFR part
1926, subpart Q).
DATES: Comments must be submitted
(postmarked, sent, or received) by
November 29, 2010.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
SUMMARY:
E:\FR\FM\30SEN1.SGM
30SEN1
Agencies
[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Notices]
[Page 60480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24566]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-686]
In the Matter of Certain Bulk Welding Wire Containers and
Components Thereof and Welding Wire; Notice of Commission Determination
To Review-In-Part a Final Initial Determination and To Affirm the
Finding of No Violation of Section 337; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review a portion of the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') on July 29, 2010 finding no violation of section 337 in the
above-captioned investigation, but to affirm his finding of no
violation.
FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 708-4737. 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.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on September 8, 2009, based on a complaint filed by the Lincoln
Electric Company of Cleveland, Ohio and Lincoln Global, Inc. of City of
Industry, California (collectively, ``Lincoln''). 74 FR 46223 (Sept. 8,
2009). The complaint alleged violations 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 bulk welding
wire containers, components thereof, and welding wire by reason of
infringement of certain claims of United States Patent Nos. 6,260,781;
6,648,141; 6,708,864 (``the `864 patent''); 6,913,145; 7,309,038;
7,398,881; and 7,410,111. ld. The amended complaint named the following
respondents: Atlantic China Welding Consumables, Inc. of Sichuan, China
(``Atlantic''); The ESAB Group, Inc. of Florence, South Carolina
(``ESAB''); Hyundai Welding Co., Ltd. of Seoul, Korea (``Hyundai'');
Kiswel Co., Ltd. of Seoul, Korea (``Kiswel''); and Sidergas SpA of
Ambrogio (Verona), Italy (``Sidergas''). 74 FR 61706 (Nov. 25, 2009).
Respondents Hyundai, Kiswel, and Atlantic were subsequently terminated
from the investigation, leaving ESAB and Sidergas as the only
respondents remaining. In addition, all but the `864 patent were
terminated from this investigation.
On July 29, 2010, the ALJ issued a final ID finding no violation of
Section 337 by respondents ESAB or Sidergas. The ALJ concluded that
none of the accused ESAB and Sidergas products infringe asserted claims
3, 4, 6, 12, or 13 of the `864 patent. The ALJ further concluded that
claim 3 of the `864 patent is invalid under 35 U.S.C. 102(b) and that
claims 4, 6, 12, and 13 of the `864 patent are valid and enforceable.
The ALJ did find that complainant satisfied both the technical and the
economic prong of the domestic industry requirement with respect to the
`864 patent. On August 11, 2010, Lincoln filed a petition for review.
On the same day, respondents ESAB and Sidergas filed a consolidated
petition for review. The IA did not file a petition for review.
Having examined the record of this investigation, including the
ALJ's final ID and the submissions of the parties, the Commission has
determined to affirm the ALJ's determination that there is no violation
of Section 337. Specifically, the Commission has determined to affirm
the ALJ's determination that there is no literal infringement of the
asserted claims. The Commission has also determined to affirm the ALJ's
determination that there is no infringement of the asserted claims
under the doctrine of equivalents based on (1) the ALJ's finding that
substantial differences exist between the accused products and the
asserted claims, and (2) the ALJ's application of Johnson & Johnston
Assoc. Inc. v. R.E. Services Co., 285 F.3d 1036 (Fed. Cir. 2002) (en
banc). The Commission has determined to review the following four
issues and to take no position on them: (1) The claim construction of
the terms ``substantially lying in a single plane'' recited in
independent claim 3 and ``substantially in one plane'' recited in
independent claims 6 and 12; (2) the priority date of the asserted
claims; (3) invalidity of claim 3 under 35 U.S.C. 102(b); and (4)
validity of claims 4, 6, 12, and 13 under 35 U.S.C. 102(b). No other
issues are being reviewed.
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), and
in sections 210.42-46 and 210.50 of the Commission's Rules of Practice
and Procedure (19 C.F.R. 210.42-46 and 210.50).
By order of the Commission.
Issued: September 24, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-24566 Filed 9-29-10; 8:45 am]
BILLING CODE 7020-02-P