[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Page 24233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09596]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-830]


Certain Dimmable Compact Fluorescent Lamps and Products 
Containing Same: Notice of Institution of Consolidated Formal 
Enforcement and Modification Proceedings

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 instituted consolidated formal enforcement and 
modification proceedings relating to the July 25, 2012 consent order 
issued in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-4737. 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 February 27, 2012, based on a complaint filed by Andrzej Bobel and 
Neptun Light, Inc., both of Lake Forest, Illinois. 77 FR11587 (Feb. 27, 
2012). The complaint alleged violations of section 337 of the Tariff 
Act of 1930 (19 U.S.C. 1337) by reason of infringement of various 
claims of United States Patent Nos. 5,434,480 (``the '480 patent'') and 
8,035,318. The complaint named several respondents, including MaxLite, 
Inc. (``MaxLite'') of Fairfield, New Jersey. The complaint alleged, 
among other things, that the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain dimmable compact fluorescent lamps (``CFLs'') 
and products containing the same by MaxLite violate section 337 by 
reason of infringement of claim 9 of the '480 patent. On July 25, 2012, 
the Commission terminated the investigation with respect to MaxLite and 
entered a consent order preventing MaxLite from importing dimmable CFLs 
that infringe claim 9 of '480 patent.
    On February 6, 2013, MaxLite petitioned the Commission under 
Commission Rule 210.76 for modification of the consent order on the 
basis of a recent decision by the U.S. District Court for the Northern 
District of Illinois that dimmable CFLs purchased by MaxLite from a 
certain third party are subject to a covenant not to sue and thus do 
not infringe claim 9 of the '480 patent. On February 18, 2013, 
complainants filed a complaint requesting that the Commission institute 
a formal enforcement proceeding under Commission Rule 210.75(b) to 
investigate a violation of the consent order. Complainants request that 
the Commission institute a formal enforcement proceeding pursuant to 19 
CFR 210.75, to confirm the violations of the July 25, 2012, consent 
order. On March 1, 2013, complainants filed an amended complaint.
    Having examined the enforcement complaint, as amended, and the 
petition for modification, the Commission has determined to institute 
consolidated formal enforcement and modification proceedings to 
determine whether MaxLite is in violation of the July 25, 2012, consent 
order issued in the investigation, what, if any, enforcement measures 
are appropriate, and whether to modify the consent order. The following 
entities are named as parties to the consolidated proceedings: (1) 
Complainants Andrzej Bobel and Neptun Light, Inc.; (2) respondent 
MaxLite; and (3) the Office of Unfair Import Investigations.
    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 sections 210.75-76 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.75-76).

    Issued: April 12, 2013.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2013-09596 Filed 4-23-13; 8:45 am]
BILLING CODE 7020-02-P