Certain Polyimide Films, Products Containing Same, and Related Methods; Notice of Commission Determination to Partially Review and Partially Vacate the Final Initial Determination of the Administrative Law Judge, 47092-47093 [2012-19218]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Notices]
[Pages 47092-47093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19218]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-772]


Certain Polyimide Films, Products Containing Same, and Related 
Methods; Notice of Commission Determination to Partially Review and 
Partially Vacate the Final Initial Determination of the Administrative 
Law Judge

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 partially review and partially vacate the 
final initial determination (``final ID'' or ``ID'') of the presiding 
administrative law judge (``ALJ'') in the above-captioned investigation 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''). The ALJ found no violation of section 337.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3065. 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.

[[Page 47093]]

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) 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 May 4, 2011, based on a complaint filed on behalf of Kaneka 
Corporation of Osaka, Japan (``Kaneka''). 76 FR 25373 (May 4, 2011). 
The complaint alleges violations of Section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, in the sale for importation, 
importation, or sale after importation of certain polyimide films, 
products containing same, and related methods by reason of infringement 
of one or more of claims 1-3 and 9-10 of U.S. Patent No. 6,264,866 
(``the `866 patent''); claims 1-6 of U.S. Patent No. 6,746,639 (``the 
`639 patent''); claims 1-5 of U.S. Patent No. 7,018,704 (``the `704 
patent''); and claims 1-20 of U.S. Patent No. 7,691,961 (``the `961 
patent''). The Commission's notice of investigation named as 
respondents SKC Kolon PI, Inc. of Gyeonggi-do, South Korea and SKC 
Corporation of Covington, Georgia (``collectively, ``SKC'').
    On February 23, 2012, the Commission issued notice of its 
determination not to review an ID (Order No. 26) that Kaneka has 
satisfied the importation requirement with respect to all versions of 
the following SKC products: IN30 (75 um), IN70 (19um), IN 70 (25um), 
IN70 (50um), IF30 (7.5um), IF70 (12.5um), LV100, LV200, and LV300.
    On February 27, 2012, the Commission issued notice of its 
determination not to review an ID (Order No. 25) terminating the 
investigation with respect to claims 4-5 of the `704 patent and claims 
4, 11, 16, 17, and 20 of the `961 patent.
    An evidentiary hearing was held from March 12, 2012, to March 16, 
2012.
    On May 10, 2012, the ALJ issued a final ID finding no violation of 
section 337 in the above-identified investigation. Specifically, the 
ALJ found that there was no violation with respect to the `866 patent, 
the `639 patent, the `704 patent, or the `961 patent by SKC. The ALJ 
also issued a recommended determination on remedy and bonding.
    On May 22, 2012, Kaneka filed a petition for review of the final ID 
and on May 23, 2012, SKC filed a contingent petition for review. On May 
30, 2012, SKC filed a response to Kaneka's petition, and on May 31, 
2012, Kaneka filed a response to SKC's contingent petition.
    Having examined the final ID, the petitions for review, the 
responses thereto, and the relevant portions of the record in this 
investigation, the Commission has determined to partially review the 
final ID as follows. With respect to the `866 patent, the Commission 
has determined to review the finding that Kaneka does not satisfy the 
technical prong of the domestic industry requirement. With respect to 
the `704 patent, the Commission has determined to review and vacate as 
moot the ALJ's alternative findings that the accused products do not 
infringe, that claim 1 is not invalid for anticipation or obviousness, 
and that Kaneka does not satisfy the technical prong or the economic 
prong of the domestic industry requirement. The Commission has 
determined not to review the ALJ's conclusion that the asserted claims 
of the `704 patent are invalid for indefiniteness. With respect to the 
`961 patent, the Commission has determined to review the ALJ's finding 
that certain of the accused products infringe and certain of the 
accused products do not infringe claim 9. The Commission has determined 
not to review the remainder of the ID.
    The parties are requested to brief their positions on only the 
following questions, with reference to the applicable law and the 
evidentiary record:
    With respect to the `866 patent, would a complainant satisfy the 
technical prong of the domestic industry requirement if the products 
offered to satisfy the requirement met the elements of the asserted 
claims only intermittently or occasionally? See ID at 302.
    (1) With respect to claim 9 of the `961 patent, would a person of 
ordinary skill in the art require all replicates to be within the 
claimed range? Is there any evidence of record to indicate how a person 
of ordinary skill in the art would use confidence intervals or other 
statistical methods of working with variance to compare replicates with 
a claimed range?
    The Commission does not request briefing on remedy, the public 
interest, and bonding at this time.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues under review. The submissions 
should be concise and thoroughly referenced to the record in this 
investigation, including references to exhibits and testimony. The 
written submissions must be filed no later than the close of business 
on August 15, 2012. Reply submissions must be filed no later than the 
close of business on August 22, 2012. No further submissions will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must do so in accordance with 
Commission rule 210.4(f), 19 CFR 210.4(f), which requires electronic 
filing. The original document and eight true copies thereof must also 
be filed on or before the deadlines stated above with the Office of the 
Secretary. Any person desiring to submit a document (or portion 
thereof) to the Commission in confidence must request confidential 
treatment unless the information has already been granted such 
treatment during the proceedings. All such requests should be directed 
to the Secretary of the Commission and must include a full statement of 
the reasons why the Commission should grant such treatment. See 19 CFR 
201.6. Documents for which confidential treatment is granted by the 
Commission will be treated accordingly. All nonconfidential written 
submissions will be available for public inspection at the Office of 
the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and under Part 210 of 
the Commission's Rules of Practice and Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: August 2, 2012.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2012-19218 Filed 8-6-12; 8:45 am]
BILLING CODE 7020-02-P