[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Notices]
[Pages 35509-35510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12519]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-546]
In the Matter of Certain Male Prophylactic Devices; Notice of
Commission Determination To Reverse an Initial Determination of the
Administrative Law Judge That Section 337 Has Been Violated;
Termination of Investigation With a Finding of No Violation of Section
337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to reverse the presiding administrative law
judge's finding of violation of section 337 of the Tariff Act, as
amended, and has terminated the investigation with a finding of no
violation of section 337.
FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3116. The public version
of all 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. General information concerning the
Commission 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-ON-LINE) 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 August
5, 2005, based on a complaint filed on behalf of Portfolio
Technologies, Inc., of Chicago, Illinois. 70 FR 45422. The complaint,
as amended and supplemented, 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 male prophylactic devices by
reason of infringement of claims 1-27, 31-33, and 36 of U.S. Patent No.
5,082,004. The respondents named in the investigation are Church &
Dwight Co., Inc., of Princeton, New Jersey;
[[Page 35510]]
Reddy Medtech, Ltd., of Tamil Nadu, India; and Intellx, Inc., of
Petoskey, Michigan.
On June 30, 2006, the presiding administrative law judge (``ALJ'')
issued a final initial determination (``ID'') in which he ruled that
there is no violation of section 337 of the Tariff Act of 1930, as
amended. He found that certain valid claims were infringed, but
concluded that there was no domestic industry under the economic prong
of the domestic industry requirement. All parties petitioned for review
of various parts of the final ID.
On September 29, 2006, the Commission determined to review the
issues of claim construction, infringement, invalidity due to
anticipation, and domestic industry, and requested briefing on these
issues and certain subissues. 71 FR 58875 (Oct. 5, 2006). On December
5, 2006, the Commission determined to affirm in part, reverse in part,
and remand in part the final ID. Among other things, the Commission
reversed the ALJ's finding of no domestic industry under the economic
prong. The Commission also determined to extend the target date for
completion of the investigation until June 5, 2007. The date was
subsequently moved to June 21, 2007, by an unreviewed ID.
On March 19, 2007, the ALJ issued his remand ID, in which he ruled
that there is a violation of section 337 based on the infringement of
certain valid claims and found that there is a domestic industry. In
further briefing before the Commission, all parties claimed error.
Upon consideration of the parties' submissions and the record in
this proceeding, the Commission has determined to reverse the ALJ's
finding of violation of section 337 and has terminated the
investigation with a finding of no violation. In reaching this
conclusion, the Commission has reversed the ALJ's finding that the
accused products infringe certain claims of U.S. Patent No. 5,082,004,
as well as his finding that certain claims of that patent are invalid
as anticipated by the prior art.
The authority for this notice is contained in section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section
210.45(c) of the Commission's Rules of Practice and Procedure (19 CFR
210.45(c)).
Issued: June 21, 2007.
By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E7-12519 Filed 6-27-07; 8:45 am]
BILLING CODE 7020-02-P