[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Notices]
[Pages 68504-68505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28586]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-650]
Advisory Opinion Proceeding; Certain Coaxial Cable Connectors and
Components Thereof and Products Containing Same; Determination To
Institute an Advisory Opinion Proceeding
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 institute an advisory opinion proceeding
in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Amanda S. Pitcher, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2737. 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 (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
[[Page 68505]]
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 patents, including U.S.
Patent No. 6,558,194 (``the '194 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., remained active.
On October 13, 2009, the Administrative Law Judge (``ALJ'') issued
his final initial determination (``ID'') and recommended determination
on remedy and bonding. The ALJ found a violation of section 337 by the
defaulting respondents in connection with the '194 patent. On December
14, 2009, the Commission determined to review the final ID in part, but
the Commission did not review the ALJ's determination with respect to
the '194 patent. On March 31, 2010, the Commision issued a General
Exclusion Order with respect to the '194 patent. The Commission issued
a general exclusion order with respect to U.S. Patent No. 5,470,257 on
September 13, 2011 following remand from the U.S. Court of Appeals for
the Federal Circuit. John Mezzalingua Assoc. v. Int'l Trade Comm., 2011
U.S. App. Lexis 8806 (Fed. Cir. April 28, 2011).
On September 12, 2011, non-respondent, Holland Electronics, LLC
(``Holland'') of Ventura, California filed a request for an advisory
opinion under Commission Rule 210.79 (19 CFR 210.79) that would declare
that its coaxial cable connectors, utilizing an axial but not radial
compression for deformation (``axial connectors''), are outside of the
scope of the Commission's March 31, 2010 General Exclusion Order.
Holland further requested that the Commission conduct all proceedings
related to the advisory opinion in an expedited manner and indicated
that referral to the ALJ is unnecessary.
The Commission has examined Holland's request for an advisory
opinion and has determined that it complies with the requirements for
institution of an advisory opinion proceeding under Commission Rule
210.79(a). Accordingly, the Commission has determined to institute an
advisory opinion proceeding. The Commission directs complainant PPC and
the Commission investigative attorney to state their views regarding
whether they oppose Holland's request for an advisory opinion that its
axial connectors are not covered by the March 31, 2010 General
Exclusion Order, and if so, whether they believe the matter should be
referred to the ALJ.
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 section 210.79(a) of the Commission's Rules of Practice and
Procedure (19 CFR 210.79(a)).
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-28586 Filed 11-3-11; 8:45 am]
BILLING CODE 7020-02-P