[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Notices]
[Pages 17670-17671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7412]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-615]
In the Matter of Certain Ground Fault Circuit Interrupters and
Products Containing Same; Notice of Commission Determination To Rescind
in Part and Modify Remedial Orders Against Certain Respondents
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 rescind in part and modify remedial orders
issued in the above-captioned investigation with respect to respondents
General Protecht Group, Inc. (``GPG'') of Zhejiang, China; Wenzhou
Trimone Company (``Trimone'') of Zhejiang, China; Shanghai ELE
Manufacturing Corporation (``ELE'') of Shanghai, China; as well as
Cheetah USA Corp. of Sandy, Utah; Nicor Inc. of Albuquerque, New
Mexico; Orbit Industries, Inc. of Los Angeles, California; and Colacino
Electric Supply, Inc. of Newark, New York (collectively ``&'').
[[Page 17671]]
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2301. 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
http://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at http://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: This investigation was instituted on
September 18, 2007, based on a complaint filed by Pass & Seymour, Inc.
(``P&S'') of Syracuse, New York. The complaint, as supplemented,
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 ground fault circuit interrupters and products containing the
same by reason of infringement of certain claims of U.S. Patent Nos.
5,594,398 (``the `398 patent''); RE38,293; 7,154,718 (``the `718
patent''); 7,164,564 (``the `564 patent''); 7,212,386; and 7,256,973.
The complaint named various respondents, including GPG, Trimone, ELE,
and ELE's distributors. The complaint and notice of investigation were
subsequently amended as to the patents and claims asserted, and several
initially named respondents were terminated from the investigation.
U.S. Patent No. 7,283,340 (``the `340 patent'') was later added to the
investigation.
On March 9, 2009, the Commission terminated this investigation with
a finding of violation of Section 337 by reason of infringement of one
or more of claims 1, 7, and 8 of the `398 patent, claims 14, 18, and 30
of the `340 patent, claim 52 of the `718 patent, and claims 1 and 15 of
the `564 patent. The Commission issued remedial orders, including a
limited exclusion order (``LEO'') directed, inter alia, toward GPG with
respect to the `340 and `398 patents, toward Trimone with respect to
the `340 patent, and toward ELE and ELE's distributors with respect to
the `340, `398, and `564 patents. The Commission also issued cease and
desist orders against ELE's distributors. Respondents GPG, Trimone, and
ELE subsequently appealed the Commission's final determination of
violation of Section 337 to the United States Court of Appeals for the
Federal Circuit.
On August 27, 2010, the Court issued an opinion reversing the
Commission's findings of infringement as to GPG and Trimone and thus,
the Commission's determination of violation as to those respondents.
See General Protecht Group, Inc. v. ITC, 619 F.3d 1303 (Fed. Cir.
2010), reh'g denied, (Fed. Cir. Dec. 14, 2010), mandate issued (Fed.
Cir. Dec. 21, 2010). The Court also reversed the Commission's findings
of infringement under the `340 patent as to ELE, thus reversing in part
the Commission's determination of violation as to ELE.
On January 6, 2011, respondents GPG and Trimone (but not ELE)
petitioned the Commission pursuant to Commission Rule 210.76(a)(1) (19
CFR 210.76(a)(1)) to rescind in part the LEO as to them. No responses
to the petition were filed.
Having reviewed the parties' submission and considering the mandate
of the Federal Circuit, the Commission has determined that the petition
satisfies the requirement of Commission Rule 210.76 (a)(1) (19 CFR
210.76(a)(1)) that there be changed conditions of fact or law and that
the remedial orders should be rescinded in part and modified. The
Commission therefore has issued an order rescinding in part the LEO
previously issued in this investigation with respect to respondents GPG
and Trimone, modifying the LEO with respect to ELE and ELE's
distributors, and modifying the cease and desist orders directed to
ELE's distributors.
The authority for the Commission's determination is contained in
Section 337(k) of the Tariff Act of 1930, as amended (19 U.S.C.
1337(k)), and in section 210.76(b) of the Commission's Rules of
Practice and Procedure (19 CFR 210.76(b)).
By order of the Commission.
Issued: March 24, 2011.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-7412 Filed 3-29-11; 8:45 am]
BILLING CODE 7020-02-P