[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62259-62260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25077]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-772]
Certain Polyimide Films, Products Containing Same, and Related
Methods Commission Determination To Affirm the Final Initial
Determination With Respect to the Issues on Review and To Terminate the
Investigation
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 affirm, as modified, the final initial
determination (``final ID'' or ``ID'') of the presiding administrative
law judge (``ALJ'') in the above-captioned investigation under section
337 of the Tariff Act of 1930, as amended, and has terminated the
investigation.
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). 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 4, 2011, based on a complaint filed on behalf of Kaneka
Corporation of Osaka, Japan (``Kaneka''). 76 FR 25373 (May 4, 2011).
The complaint alleges 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 polyimide films,
products containing same, and related methods by reason of infringement
of one or more of claims 1-3 and 9-10 of U.S. Patent No. 6,264,866
(``the `866 patent''); claims 1-6 of U.S. Patent No. 6,746,639 (``the
`639 patent''); claims 1-5 of U.S. Patent No. 7,018,704 (``the `704
patent''); and claims 1-20 of U.S. Patent No. 7,691,961 (``the `961
patent''). The Commission's notice of investigation named as
respondents SKC Kolon PI, Inc. of Gyeonggi-do, South Korea and SKC
Corporation of Covington, Georgia (collectively, ``SKC'').
On February 23, 2012, the Commission issued notice of its
determination not to review an ID (Order No. 26) that Kaneka has
satisfied the importation requirement with respect to all versions of
the following SKC products: IN30 (75 um), IN70 (19um), IN 70 (25um),
IN70 (50um), IF30 (7.5um), IF70 (12.5um), LV100, LV200, and LV300.
On February 27, 2012, the Commission issued notice of its
determination not to review an ID (Order No. 25) terminating the
investigation with respect to claims 4-5 of the `704 patent and claims
4, 11, 16, 17, and 20 of the `961 patent.
An evidentiary hearing was held from March 12, 2012, to March 16,
2012.
On May 10, 2012, the ALJ issued a final ID finding no violation of
section 337 in the above-identified investigation. Specifically, the
ALJ found that there was no violation with respect to the `866 patent,
the `639 patent, the `704 patent, or the `961 patent by SKC. The ALJ
also issued a recommended determination on remedy and bonding.
On May 22, 2012, Kaneka filed a petition for review of the final ID
and on May 23, 2012, SKC filed a contingent petition for review. On May
30, 2012, SKC filed a response to Kaneka's petition, and on May 31,
2012, Kaneka filed a response to SKC's contingent petition.
On August 1, 2012, the Commission issued notice of its
determination to partially review the final ID. 77 FR 47092 (August 7,
2012). With respect to the `866 patent, the Commission determined to
review the finding that Kaneka does not satisfy the technical prong of
the domestic industry requirement. Id. With respect to the `961 patent,
the Commission determined to review the ALJ's finding that certain of
the accused products infringe and certain of the accused products do
not
[[Page 62260]]
infringe claim 9. Id. With respect to the `704 patent, the Commission
determined not to review the ALJ's conclusion that the asserted claims
of the `704 patent are invalid for indefiniteness. Id. The Commission
further determined to review and vacate as moot the ID's remaining
findings with respect to the `704 patent. The Commission determined not
to review the remainder of the ID. Id.
On August 15, 2012, Kaneka and SKC each filed submissions on
review. On August 22, 2012, each filed reply submissions.
On review, having examined the final ID, the submissions of the
parties, and the relevant portions of the record in this investigation,
the Commission has determined to affirm the ID with respect to the
issues on review. With respect to the `866 patent, the Commission has
determined to affirm the ALJ's determination that Kaneka has failed to
satisfy the technical prong of the domestic industry requirement on
modified grounds. With respect to the `961 patent, the Commission has
determined to affirm the ALJ's finding that the IN70 (50[mu]m) product
infringes claim 9 and the other accused products do not. The
investigation is terminated.
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 Part 210 of
the Commission's Rules of Practice and Procedure (19 CFR Part 210).
By order of the Commission.
Issued: October 5, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-25077 Filed 10-11-12; 8:45 am]
BILLING CODE 7020-02-P