[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Notices]
[Pages 8774-8775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4729]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-393]
Certain Ion Trap Mass Spectrometers 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 on January
24, 1997, under section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Finnigan Corporation, 355 River Oaks Parkway,
San Jose, California 95134. A supplement to the complaint was filed on
February 13, 1997. The Complaint, as supplemented, alleges a violation
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 ion trap mass spectrometers and components thereof, by reason
of infringement of claims 1-20 of U.S. Letters Patent 4,540,884, and
claims 1 and 12-19 of U.S. Reissue Patent 34,000.
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, 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.
FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2572.
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
C.F.R. 210.10.
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
[[Page 8775]]
International Trade Commission, on February 20, 1997, 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 ion trap
mass spectrometers and components thereof by reason of infringement of
one or more of claims 1-20 of U.S. Letters Patent 4,540,884, or one or
more of claims 1, 12-19 of U.S. Reissue Patent 34,000; 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--Finnigan Corporation, 355 River Oaks
Parkway, San Jose, California 95134.
(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:
Bruker-Franzen Analytik GmbH, Fahrenheitstrasse 4, D-28359, Bremen 33,
Germany
Bruker Instruments, Inc., Manning Park, Fortune Drive, Billerica,
Massachusetts 01821
Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, California
94304.
(c) Juan Cockburn, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, S.W., Room 401-Q,
Washington, D.C. 20436, shall be the Commission investigative attorney,
party to this investigation; and
(3) For the investigation so instituted, the Honorable Sidney
Harris 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 C.F.R. 210.13.
Pursuant to Secs. 201.16(d) and 210.13(a) of the Commission's Rules, 19
C.F.R. 201.16(d) and 210.13(a), 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.
Issued: February 20, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-4729 Filed 2-25-97; 8:45 am]
BILLING CODE 7020-02-P
