[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26943-26944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12035]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-951]
Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion
Batteries for Power Tool Products Containing Same, and Power Tool
Products With Lithium-Ion Batteries Containing Same; Notice of the
Commission's Determination To Rescind a Limited Exclusion 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 to rescind
[[Page 26944]]
a limited exclusion order prohibiting importation of infringing lithium
metal oxide cathode materials based upon settlement.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-3042. 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 (https://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://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 the underlying
investigation on March 30, 2015, based on a complaint filed by BASF
Corporation of Florham Park, New Jersey (``BASF'') and UChicago Argonne
LLC of Lemont, IL (``Argonne'') (collectively, ``Complainants''). 80 FR
16696 (Mar. 30, 2015). The complaint alleged violations of section 337
of the Tariff Act of 1930, as amended (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 lithium
metal oxide cathode materials, lithium-ion batteries for power tool
products containing same, and power tool products with lithium-ion
batteries containing same by reason of infringement of one or more of
claims 1-4, 7, 13, and 14 of U.S. Patent No. 6,677,082 (``the '082
patent'') and claims 1-4, 8, 9, and 17 of U.S. Patent No. 6,680,143
(``the '143 patent''). Id. The notice of investigation named the
following respondents: Umicore N.V. of Brussels, Belgium; Umicore USA
Inc. of Raleigh, North Carolina (collectively, ``Umicore''); Makita
Corporation of Anjo, Japan; Makita Corporation of America of Buford,
Georgia; and Makita U.S.A. Inc. of La Mirada, California (collectively,
``Makita''). Id. The Office of Unfair Import Investigations was a party
to the investigation.
On November 5, 2015, the ALJ granted a joint motion by Complainants
and Makita to terminate the investigation as to Makita based upon
settlement. See Order No. 32 (Nov. 5, 2015). The Commission determined
not to review this order. See Notice of Non-Review (Nov. 23, 2015).
On February 29, 2016, the ALJ issued his final initial
determination (``ID''), finding a violation of section 337 by Umicore
in connection with claims 1-4, 7, 13, and 14 of the '082 patent and
claims 1-4, 8, 9, and 17 of the '143 patent. On May 11, 2016, the
Commission determined to review the final ID in part. 81 FR 30548-50
(May 17, 2016). The Commission also granted Umicore's request for a
Commission hearing. Id. On November 17, 2016, the Commission held a
hearing on contributory infringement, laches, and the public interest.
On review, the Commission determined to affirm the ALJ's finding of
violation of section 337 with respect to the claims identified above.
81 FR 93960-62 (Dec. 22, 2016).
Having found a violation of section 337, the Commission determined
that the appropriate form of relief was: A limited exclusion order
prohibiting the unlicensed entry of lithium metal oxide cathode
materials that infringe one or more of claims 1-4, 7, 13, and 14 of the
'082 patent, or claims 1-4, 8, 9, and 17 of the '143 patent that are
manufactured by, or on behalf of, or imported by or on behalf of
Umicore N.V. and Umicore USA Inc. or any of their affiliated companies,
parents, subsidiaries, agents, or other related business entities, or
their successors or assigns.
On May 5, 2017, BASF, Argonne, and Umicore filed a joint petition
under 19 U.S.C. 1337(k) and Commission Rule 210.76(a) (19 CFR
210.76(a)) to rescind the limited exclusion order based upon
settlement. The parties filed both confidential and public versions of
the settlement agreements. On May 9, 2017, the Commission investigative
attorney filed a response in support of the motion.
The Commission has determined to grant the petition. The limited
exclusion order issued in this investigation is hereby rescinded.
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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
210).
By order of the Commission.
Issued: June 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12035 Filed 6-9-17; 8:45 am]
BILLING CODE 7020-02-P