[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34407-34408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14063]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-756]
Certain Reduced Ignition Proclivity Cigarette Paper Wrappers and
Products Containing Same Termination of Investigation With Final
Determination of No Violation
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 terminate the above-captioned
investigation with a final determination of no violation of section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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.
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).
[[Page 34408]]
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 January 27, 2011, based on a complaint filed by Schweitzer-Mauduit
International, Inc. (``Schweitzer'') of Alpharetta, Georgia. 76 FR 4935
(January 27, 2011). The complaint alleged 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 reduced
ignition proclivity cigarette paper wrappers and products containing
same by reason of infringement of certain claims of U.S. Patent Nos.
5,878,753 (``the '753 patent'') and 6,725,867 (``the '867 patent'').
The Commission's notice of investigation named Astra Tobacco
Corporation of Chapel Hill, North Carolina; delfortgroup AG of Traun,
Austria; LIPtec GmbH of Neidenfels, Germany; and Julius Glatz GmbH of
Neidenfels, Germany as respondents.
On April 15, 2011, the Commission issued notice of its
determination not to review an ID (Order No. 5) granting Schweitzer's
motion to amend the complaint and notice of investigation to add seven
more respondents: Dr. Franz Feurstein GmbH of Traun, Austria;
Papierfabrik Wattens GmbH & Co. KG of Wattens, Austria; Dosal Tobacco
Corp. of Miami, Florida; Farmer's Tobacco Co. of Cynthia, Kentucky;
KneX Worldwide, LLC of Charlotte, North Carolina; S&M Brands, Inc. of
Keysville, Virginia; Tantus Tobacco LLC of Russell Springs, Kentucky.
On December 1, 2011, the Commission determined not to review an ID
(Order No. 30) of the administrative law judge terminating Respondents
delfortgroup AG, Dr. Franz Feurstein GmbH, Papierfabrik Wattens GmbH &
Co. KG, Astra Tobacco Corp., Dosal Tobacco Corp., Farmer's Tobacco Co.,
S&M Brands, Inc., and Tantus Tobacco LLC (collectively, the ``Delfort
Respondents'') from the investigation. Respondents Julius Glatz GmbH,
LIPtec GmbH, and KneX Worldwide LLC (collectively, ``Glatz'') remain in
the investigation.
An evidentiary hearing was held from October 31, 2011, to November
8, 2011. On February 1, 2012, the presiding administrative law judge
issued a final initial determination finding no violation of section
337 in the above-identified investigation. Specifically, the ALJ found
that there was no violation with respect to either the '753 patent or
the '867 patent by Glatz. The ALJ also issued a recommended
determination on remedy, the public interest, and bonding.
Schweitzer filed a petition for review of the final ID. Glatz filed
a contingent petition for review. Each of the parties filed a response
to the petition and contingent petition for review.
On April 2, 2012, the Commission issued notice of its determination
to review the final ID in part, and to solicit briefing on certain
issues including on remedy, the public interest, and bonding. With
respect to the '753 patent, the Commission determined to review the
construction of the term ``gradually'' in the asserted claims and the
issues of direct and indirect infringement, obviousness, definiteness,
utility, and the technical prong of the domestic industry requirement
in the ID. With respect to the '867 patent, the Commission determined
to review the construction of the term ``film forming composition'' in
the asserted claims and the issues of direct and indirect infringement,
priority date, statutory bar under 35 U.S.C. 102(b), anticipation,
obviousness, written description, enablement, and the technical prong
of the domestic industry requirement in the ID.
Having reviewed the final ID, the submissions on review, and the
record, the Commission has determined to terminate the investigation
with a final determination of no violation of section 337.
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 sections
210.42-.46, .51(a) of the Commission's Rules of Practice and Procedure
(19 CFR 210.42-.46, .51(a)).
By order of the Commission.
Issued: June 5, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-14063 Filed 6-8-12; 8:45 am]
BILLING CODE 7020-02-P