[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Notices]
[Pages 3716-3717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1638]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-418]
Certain Rodent Bait Stations and Components Thereof; 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 December 23, 1998, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Bell Laboratories, Inc., 3699 Kinsman Blvd., Madison, Wisconsin 53704.
A supplement to the complaint was filed on January 11, 1999. 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 rodent bait
stations and components thereof by reason of infringement of claims 19
and 22 of U.S. Letters Patent 5,040,327, and claims 4, 5, 6, 7, and 8
of U.S. Letters Patent 5,448,852. The complaint further alleges that
there exists an industry in
[[Page 3717]]
the United States as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent exclusion order
and permanent cease and desist orders.
ADDRESSES: The complaint and supplement, except for any confidential
information contained therein, are 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 be obtained by accessing its internet server (http://
www.usitc.gov).
FOR FURTHER INFORMATION CONTACT: Steven A. Glazer, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2577.
SUPPLEMENTARY INFORMATION:
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
210.10 (1998).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on January 20, 1999, 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 rodent bait
stations or components thereof by reason of infringement of claims 19
or 22 of U.S. Letters Patent 5,040,327, or claims 4, 5, 6, 7, or 8 of
U.S. Letters Patent 5,448,852, and whether there exists an industry in
the United States as required by subsection (a)(2) of section 337.
(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--Bell Laboratories, Inc., 3699 Kinsman
Blvd., Madison, Wisconsin 53704.
(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:
Aegis Research Ltd., U.K., International Headquarters, Unit 2,
Cologne Court, Brooklands Close, Windmill Road, Sunbury-On-Thames TW16
7EB, United Kingdom.
Aegis Research Ltd., U.S., Suite 4, 101 Weston Drive, Dover,
Delaware 19904-2764.
(c) Steven A. Glazer, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401-K,
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) of the Commission's Rules,
such responses will be considered by the Commission if received not
later than 20 days after the date of service by the Commission of the
complaint and the 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.
By order of the Commission.
Issued: January 20, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-1638 Filed 1-22-99; 8:45 am]
BILLING CODE 7020-02-P
