[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17429-17430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06445]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-865]
Certain Balloon Dissection Devices and Products Containing Same;
Commission Determination Not To Review an Initial Determination
Granting a Joint Motion To Correct the Named Respondents and Terminate
the Investigation Based on a Consent Order Stipulation; Issuance of
Consent Order
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 not to review an ID (Order No. 3) of the
administrative law judge (``ALJ'') granting a joint motion to correct
the named respondents and terminate the above-captioned investigation
based on a consent order stipulation. The Commission has issued the
subject consent order.
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
[[Page 17430]]
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: This investigation was instituted on January
31, 2013 based on a complaint filed on behalf of Covidien LP of
Mansfield, Massachusetts (``Covidien'') on December 21, 2012. 78 FR
6838 (January 31, 2013). 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, the importation, or sale in the United States after
importation of certain balloon dissection devices and products
containing same by reason of infringement of certain claims of U.S.
Patent No. 6,312,442 (``the `442 patent''). The notice of investigation
named as respondents Pajunk Medizintechnik GmbH of Geisingen, Germany;
Pajunk Medizintechnologie GmbH of Geisingen, Germany; and Pajunk
Medical Systems LP of Norcross, Georgia.
On February 8, 2013, complainant Covidien and respondents Pajunk
GmbH Medizintechnologie and Pajunk Medical Systems LP filed a motion to
(1) correct the named respondents; (2) stay the procedural schedule;
and (3) terminate the investigation on the basis of a consent order
stipulation and consent order. The motion seeks to correct the named
respondents by terminating ``Pajunk Medizintechnik GmbH'' because it
does not exist as a legal entity and correcting named respondent
``Pajunk Medizintechnologie GmbH'' to its proper name, ``Pajunk GmbH
Medizintechnogie.'' On February 11, 2013, the Commission investigative
attorney filed a response in support of the motion.
On February 12, 2013, the ALJ issued Order No. 3, granting the
motion. The parts of the order correcting the named respondents and
terminating the investigation on the basis of a consent order
stipulation constitute an ID. The ALJ stated that there is no
indication that termination based on the consent order stipulation
would have an adverse impact on the public interest. No petitions for
review were filed.
Having considered the ID and the relevant portions of the record,
the Commission has determined not to review the ID and to issue the
subject consent order.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of section
210.42(h) of the Commission's Rules of Practice and Procedure (19 CFR
210.42(h)).
By order of the Commission.
Issued: March 15, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-06445 Filed 3-20-13; 8:45 am]
BILLING CODE 7020-02-P