Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of the Investigation, 32996-32997 [2014-13340]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Pages 32996-32997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13340]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-872]


Certain Compact Fluorescent Reflector Lamps, Products Containing 
Same and Components Thereof; Notice of the Commission's Final 
Determination Finding 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 found no violation of

[[Page 32997]]

section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.  
1337, in this investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, 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 (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 March 5, 2013, based on a complaint filed by Neptun Light, Inc., and 
Mr. Andrzej Bobel (together, ``Neptun'') to consider alleged violations 
of section 337 by reason of infringement of claims 1, 2, 10, and 11 of 
U.S. Patent No. 7,053,540 (``the '540 patent''). 78 Fed. Reg. 14357-58. 
The Commission's notice of investigation named as respondents Maxlite, 
Inc. (``Maxlight''); Satco Products, Inc. (``Satco''); Litetronics 
International, Inc. (``Litetronics'') (together, ``Respondents''); and 
Technical Consumer Products, Inc. (``TCP''). Id. at 14358. The Office 
of Unfair Import Investigations did not participate in this 
investigation. Id.
    On June 10, 2013, Neptun and TCP moved to terminate the 
investigation with respect to TCP on the basis of a settlement 
agreement. The motion was granted on June 11, 2013. Order No. 20, not 
reviewed (July 8, 2013).
    On February 3, 2014, the ALJ issued his final initial determination 
(``ID''), finding a violation of section 337. Specifically, the ALJ 
found that Maxlite and Satco violated section 337 with respect to 
claims 1, 2 and 11 of the '540 patent, and that Litetronics violated 
section 337 with respect to claims 1, 2 and 10 of the '540 patent. The 
ALJ recommended that a limited exclusion order issue against the 
infringing products of Maxlite, Satco, and Litetronics. He did not 
recommend the issuance of any cease and desist orders.
    On February 18, 2014, Respondents petitioned for review of several 
of the ALJ's findings. Also on February 18, 2014, Neptun contingently 
petitioned for review of the ALJ's finding that Neptun had not made a 
sufficient showing on the economic prong of the domestic industry 
requirement through 19 U.S.C. 1337(a)(3)(C). On February 26, 2014, 
Neptun and Respondents opposed each other's petitions.
    On April 8, 2014, the Commission determined to review the ALJ's 
findings on the economic prong of the domestic industry requirement, 
the claim construction of ``mating opening,'' and infringement. The 
Commission also sought briefing from the parties on seven issues, and 
received opening submissions on April 22, 2014, and responsive 
submissions on April 29, 2014.
    Having examined the record of this investigation, including the 
ALJ's final ID and the submissions from the parties, the Commission has 
determined that Neptun has not proven a violation of section 337. 
Specifically, the Commission has determined to reject the ALJ's 
construction of ``mating opening,'' and to reverse the ALJ's findings 
of infringement. The Commission takes no position on whether Neptun 
satisfied the economic prong of the domestic industry requirement. See 
Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423 (Fed. Cir. 1984). All 
other findings in the ID that are consistent with the Commission's 
determinations are affirmed. A Commission Opinion will issue shortly.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. Sec.  
1337), and in Part 210 of the Commission's Rules of Practice and 
Procedure (19 CFR Part 210).

    By order of the Commission.

    Dated: June 3, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-13340 Filed 6-6-14; 8:45 am]
BILLING CODE 7020-02-P