[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 58040-58041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23894]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-650]
Certain Coaxial Cable Connectors and Components Thereof and
Products Containing Same; Notice of Issuance of a General Exclusion
Order for U.S. Patent No. 5,470,257
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 issue a general exclusion order for U.S.
Patent
[[Page 58041]]
No. 5,470,257 (``the `257 patent'') following a remand from the United
States Court of Appeals for the Federal Circuit (``Federal Circuit'')
in John Mezzalingua Associates v. Int'l Trade Comm'n, 2011 U.S. App.
LEXIS 8806 (Fed. Cir. Apr. 28, 2011).
FOR FURTHER INFORMATION CONTACT: Michelle Klancnik, 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 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: The Commission instituted this investigation
on May 30, 2008, based on a complaint filed by John Mezzalingua
Associates, Inc. d/b/a PPC, Inc. of East Syracuse, New York (``PPC'').
73 FR 31145 (May 30, 2008). The complaint 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 coaxial cable connectors and
components thereof and products containing the same by reason of
infringement of various United States Patents, including the `257
patent. The complaint named eight respondents. After institution, two
respondents were terminated based on consent orders and four
respondents were found to be in default (``defaulting respondents'').
Two respondents, Fu-Ching Technical Industry, Co., Ltd. and Gem
Electronics, Inc. (``the active respondents''), remained active.
On October 13, 2009, the presiding administrative law judge issued
a final initial determination (``ID'') and a recommended determination
on remedy and bonding. The Commission determined to review the final ID
in part.
On March 31, 2010, the Commission found no violation of section 337
for the `257 patent. The Commission found infringement of the `257
patent by the defaulting respondents and no infringement by the active
respondents. The Commission nevertheless found no violation of section
337 because it found no domestic industry for the `257 patent. Having
found no violation, the Commission did not make a remedy determination
for the `257 patent.
Complainant PPC appealed to the Federal Circuit. In John
Mezzalingua Associates v. International Trade Commission, 2011 U.S.
App. LEXIS 8806 (Fed. Cir. Apr. 28, 2011), the Federal Circuit reversed
the Commission's finding of no violation, entered a judgment of
violation, and remanded the investigation to the Commission for
proceedings consistent with its opinion. The Federal Circuit's mandate
issued on June 30, 2011.
On July 18, 2011, the Commission issued a notice requesting
comments from the parties regarding how to proceed with the
investigation following the remand from the Federal Circuit. On July
29, 2011, PPC filed a response to the Commission's notice. On August 1,
2011, the Commission investigative attorney filed a response to the
Commission's notice.
Having reviewed the record to the investigation including all
relevant submissions, the Commission has determined that the
appropriate form of remedy is a general exclusion order. The general
exclusion order prohibits the unlicensed entry of coaxial cable
connectors and components thereof and products containing the same that
infringe claim 1 and/or 5 of the `257 patent.
The Commission further determined that the public interest factors
enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude
issuance of the general exclusion order. Finally, the Commission
determined that the amount of bond during the Presidential review
period (19 U.S.C. 1337(j)) shall be in the amount of thirteen (13)
cents per coaxial connector of the defaulting respondents--Hanjiang Fei
Yu Electronics Equipment Factory of China, Zhongguang Electronics of
China, Yangzhou Zhongguang Electronics Co. of China, and Yangzhou
Zhongguang Foreign Trade Co. Ltd. of China. A bond in the amount of
zero is required for any other coaxial cable connector or component
thereof or product containing the same covered by the general exclusion
order. The Commission's order was delivered to the President and the
United States Trade Representative on the day of its issuance.
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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
Issued: September 13, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-23894 Filed 9-16-11; 8:45 am]
BILLING CODE 7020-02-P