[Federal Register Volume 63, Number 142 (Friday, July 24, 1998)]
[Notices]
[Pages 39890-39891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19869]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-396]
Certain Removable Electronic Cards and Electronic Card Reader
Devices and Products Containing Same; Notice of Final Determination
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 find no
[[Page 39891]]
violation of section 337 of the Tariff Act of 1930 in the above-
captioned investigation.
FOR FURTHER INFORMATION CONTACT: Michael Diehl, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3095.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 2, 1997, on the basis of a complaint filed by Innovatron S.A.
(``Innovatron''). 62 FR 15728. The complaint, as subsequently amended,
named two respondents--Thomson Multimedia, S.A. and Thomson Consumer
Electronics, Inc.
In its complaint, Innovatron alleged that respondents violated
section 337 by importing into the United States, and selling after
importation, television receivers and receiver access cards that
infringe claim 8 of Innovatron's U.S. Letters Patent 4,404,464 (the
``'464 patent''). The presiding administrative law judge (``ALJ'') held
an evidentiary hearing from September 29 to October 7, 1997.
On March 24, 1998, the ALJ issued his final ID finding a violation
of section 337. He found that claim 8 of the `464 patent was not
invalid due to anticipation or obviousness, that there have been
importations and sales after importation of the accused devices, and
that the accused devices can be used to practice the method patented in
claim 8 of the `464 patent. He also found that respondents actively
induced infringement of claim 8 of the `464 patent and that they
contributorily infringed that claim as well. Finally, the ALJ found
that there is a domestic industry with respect to the `464 patent.
On April 6, 1998, the Commission investigative attorney and the
Thomson respondents filed petitions for review of the ALJ's final ID.
Complainant Innovatron filed a response in opposition to the petitions.
The Commission determined to review the bulk of the ID and directed the
parties to file written responses addressing certain questions posed in
the Commission's notice of review, and the issues of remedy, the public
interest, and bonding. In accordance with the Commission's directions,
the parties filed initial briefs on June 11, 1998, and reply briefs on
June 18, 1998.
Having examined the record in this investigation, including the ID,
the review briefs, and the responses thereto, the Commission determined
that there is no violation of section 337. More specifically, the
Commission modified the ALJ's construction of claim 8 of the `464
patent, and found the claim as properly construed to be valid but not
infringed by users of the accused imported products. The Commission
found further that the domestic industry requirement is not met in this
investigation.
This action is taken under the authority of section 337 of the
Tariff Act of 1930 (19 U.S.C. Sec. 1337) and sections 210.42-.45 of the
Commission's Rules of Practice and Procedure (19 CFR 210.42-.45).
Copies of the public version of the ID, the Commission's order and
opinion, and all other nonconfidential 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. Hearing-impaired persons
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on 202-205-1810. General
information concerning the Commission may also be obtained by accessing
its Internet server (http://www.usitc.gov).
Issued: July 20, 1998.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 98-19869 Filed 7-23-98; 8:45 am]
BILLING CODE 7020-02-P