[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Notices]
[Pages 14474-14475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7744]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-406]
Certain Lens-Fitted Film Packages; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on February 13, 1998, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Fuji Photo Film Co., Ltd. of Tokyo, Japan. A supplement to the
complaint was filed on March 2, 1998. A notice of withdrawal as to one
proposed respondent was filed on March 6, 1998. The complaint, as
supplemented, alleges violations of section 337 in the importation into
the United States, the sale for importation, and the sale within the
United States after importation of certain lens-fitted film packages by
reason of infringement of the following claims of the following
patents:
(1) claims 1, 5, 6, 9, and 11 of U.S. Letters Patent 4,833,495;
(2) claims 14 and 15 of U.S. Letters Patent 4,855,774;
(3) claims 1, 7, 8, and 15 of U.S. Letters Patent 4,884,087;
(4) claims 1, 19, and 22 of U.S. Letters Patent 4,954,857;
(5) claims 1 and 9 of U.S. Letters Patent 4,972,649;
(6) claims 14 and 16 of U.S. Letters Patent 5,063,400;
(7) claims 1 and 11 of U.S. Letters Patent 5,235,364;
(8) claim 1 of U.S. Letters Patent 5,361,111;
(9) claims 1, 15, 23, and 25 of U.S. Letters Patent 5,381,200;
(10) claims 1 and 7 of U.S. Letters Patent 5,408,288;
(11) claims 1 and 28 of U.S. Letters Patent 5,436,685;
(12) claims 1 and 13 of U.S. Letters Patent Re 34,168;
(13) the claim of U.S. Letters Patent Des. 345,750;
(14) the claim of U.S. Letters Patent Des. 356,101; and
(15) the claim of U.S. Letters Patent Des. 372,722.
The complaint further alleges that there exists an industry in the
United States as required by subsection (a)(2) of section 337 for each
of the above patents.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent general exclusion
order and permanent cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is 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, S.W., Room 112,
Washington, D.C. 20436, telephone 202-205-2000. Hearing-impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
202-205-2000. General information concerning the Commission may also be
obtained by accessing its internet server (http://www.usitc.gov).
FOR FURTHER INFORMATION CONTACT: Christine E. Lehman, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2582.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR Sec. 210.10 (1997).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on March 18, 1998, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain lens-fitted
film packages by reason of infringement of the following claims of the
following patents, and whether there exists an industry in the United
States as required by subsection (a)(2) of section 337:
(1) claims 1, 5, 6, 9, or 11 of U.S. Letters Patent 4,833,495;
(2) claims 14 or 15 of U.S. Letters Patent 4,855,774;
(3) claims 1, 7, 8, or 15 of U.S. Letters Patent 4,884,087;
(4) claims 1, 19, or 22 of U.S. Letters Patent 4,954,857;
(5) claims 1 or 9 of U.S. Letters Patent 4,972,649;
(6) claims 14 or 16 of U.S. Letters Patent 5,063,400;
(7) claims 1 or 11 of U.S. Letters Patent 5,235,364;
(8) claim 1 of U.S. Letters Patent 5,361,111;
(9) claims 1, 15, 23, or 25 of U.S. Letters Patent 5,381,200;
(10) claims 1 or 7 of U.S. Letters Patent 5,408,288;
(11) claims 1 or 28 of U.S. Letters Patent 5,436,685;
(12) claims 1 or 13 of U.S. Letters Patent Re 34,168;
(13) the claim of U.S. Letters Patent Des. 345,750;
(14) the claim of U.S. Letters Patent Des. 356,101; or
(15) the claim of U.S. Letters Patent Des. 372,722.
[[Page 14475]]
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Fuji Photo Film Co., Ltd., 26-30 Nishiazabu
2-chome, Minato-ku, Tokyo 106 Japan.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Achiever Industries Limited, 12/F, Union Hing Yip Factory, Building, 20
Hing Yip Street, Kwun tong, Kowloon, Hong Kong
Ad-Tek Specialties Inc., 2641 Townsgate Road, #300, Westlake Village,
CA 91361
AmerImage, Inc. d/b/a Rainbow Products, 4680 SW 64th Avenue, Davie, FL
33314-4427
Argus Industries, 2121 Oxford Road, Des Plaines, IL 60018
Boecks Camera LLC, 912 N. La Cienega Boulevard, Los Angeles, CA 90069
Boshi Technology Ltd., Room 921 Star House, 3 Salisbury Road, Tsim Ha
Tsui, Kowloon, Hong Kong
BPS Marketing, 18642-142nd Avenue, Woodinville, WA 98017
China Film Equipment Corp., 20 Xin De Street, Beijing, China, Zip C:
100088
Dynatec International, Inc., 3820 West Great Lakes Drive, Salt Lake
City, UT 84120
E.T. Trading, Ltd. d/b/a Klikit, 825 McDonald Avenue, Brooklyn, NY
11218
Fast Shot, 7250 Harwill Drive, Suite O, Houston, TX 77036
Forcecam, Inc., 280 South Beverly Drive, Suite 201, Beverly Hills, CA
90212
Hachi International Inc., 444 Park Avenue South, 7th Floor, New York,
NY 10016
Innovative Trading Co., 380 South Mentor Avenue, Suite 11, Pasadena, CA
91106
Jazz Photo Corp., 600 Blair Road, Carteret, NJ 07008
Labelle Time, Inc., 65 N.W. 166th Street, North Miami, FL 33169
Linfa Photographic Ind. Co. Ltd., Room 1018-1020, 10/Fl, ower B, New
Mandarin Plaza, 14 Science Museum Road, T.S.T., East Kowloon, Hong Kong
Opticam Inc., 810 Navy Street, Santa Monica, CA 90405-5639
Opticolor Camera, 3213 West Wheeler Street, Seattle, WA 98199
Penmax, Inc., 302 West Evergreen Avenue, Monrovia, CA 91016-4503
PhilmEx Photographic Film, 912 N. La Cienega Boulevard, Los Angeles, CA
90069
P.S.I. Industries, Inc., 1160-B South Rogers Circle, Boca Raton, FL
33487
Rino Trading Co., Ltd., B101, 448-1 Sungnae-1 Dong, Kong, Pong-Ku,
Seoul, Korea
Sakar International, Inc., 195 Carter Dr., Edison, NJ 08817-2068
T.D.A. Trading Corp., 31-16 Hunters Point Avenue, Long Island City, NY
11101
Vantage Sales, Inc., 600 E. Higgins Road, Elk Grove Village, IL 60007-
1519
Vivitar Corp., 1280 Rancho Conejo Blvd., Newbury Park, CA 91320-1403
(c) Christine E. Lehman, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street,
S.W., Room 401-I, Washington, D.C. 20436, who shall be the Commission
investigative attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Paul J.
Luckern is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with Sec. 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be
considered by the Commission if received no later than 20 days after
the date of service by the Commission of the complaint and notice of
investigation. Extensions of time for submitting responses to the
complaint will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
Issued: March 18, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-7744 Filed 3-24-98; 8:45 am]
BILLING CODE 7020-02-P