[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6133]
[[Page Unknown]]
[Federal Register: March 16, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-347]
Commission Determination Not To Review An Initial Determination
Finding No Violation of Section 337 of the Tariff Act of 1930
In the Matter of Certain Anti-theft Deactivatable Resonant Tags
and Components Thereof.
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 not to review the final initial determination
(ID) issued by the presiding administrative law judge (ALJ) in the
above-captioned investigation. The ID found no violation of section 337
of the Tariff Act of 1930.
FOR FURTHER INFORMATION CONTACT: Andrea C. Casson, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3105.
SUPPLEMENTARY INFORMATION: On March 10, 1993, the Commission instituted
an investigation of a complaint filed by Checkpoint Systems Inc.
(Checkpoint) under section 337 of the Tariff Act of 1930. The
complaint, as amended, alleged that six respondents imported, sold for
importation, or sold in the United States after importation certain
anti-theft deactivatable resonant tags and components thereof that
infringed claims 1, 2, 4, 6, 9, 10, 20, 21, 23, and 25 of U.S. Letters
Patent 4,498,076 (the '076 patent) and claims 1, 2, 4, 6, 9, 10, 19,
20, 22, 24, 25, 26, and 27 of U.S. Letters Patent 4,567,473 (the '473
patent). On March 10, 1993, the Commission instituted an investigation
of Checkpoint's complaint.
The Commission's notice of investigation named six respondents,
each of whom was alleged to have committed one or more unfair acts in
the importation or sale of components or finished tags that infringe
the asserted patent claims. Those respondents are: (1) Actron AG
(Actron); (2) Tokai Denshi Co., Ltd. (Tokai); (3) ADT, Limited (ADT);
(4) All Tag Security AG (All Tag); (5) Toyo Aluminum Co., Ltd. (Toyo);
and (6) Custom Security Industries, Inc. (CSI). Respondent CSI was
found to be in default and to have waived its right to appear, to be
served with documents, and to contest the allegations at issue in the
investigation. See 58 FR 52523 (Oct. 17, 1993).
On December 1, 1993, the Commission issued notice that it would
follow a modified procedure for considering the final ID in this
investigation. 58 FR 63391. The notice set out a schedule for the
parties to file petitions for review of the ID, responses to the
petitions for review, and replies to the responses. The notice also
indicated that the Commission might later issue a notice requesting
written submissions from the parties, other federal agencies, and
interested members of the public on the issues of remedy, the public
interest, and bonding, and/or requiring the parties to file
supplemental briefs on violation issues selected by the Commission.
The ALJ conducted an evidentiary hearing in August and September,
1994, and issued his final ID on December 9, 1993. He found that: (1)
There is a domestic industry involving each of the asserted claims of
the '076 and '473 patents; (2) none of the asserted claims of these
patents are infringed by respondents' tags; (3) the asserted claims are
invalid under 35 U.S.C. 102(g); and (4) the asserted claims are not
invalid under 35 U.S.C. 102, 103, or 112. Based upon his findings of
invalidity and non-infringement, the ALJ concluded that there was no
violation of section 337.
Complainant Checkpoint filed a petition for review of the ALJ's
findings on both infringement and validity; respondents and the
Commission investigative attorney (IA) filed responses to the petition
for review, and all parties filed reply submissions.
On January 21, 1994, the Commission issued a notice requesting the
parties, interested government agencies, and other interested persons
to file submissions addressing the issues of remedy, the public
interest, and bonding. 59 FR 3867 (January 27, 1994). The Commission
noted that it had not yet completed its review of the record in the
investigation and had made no determinations with respect to the ID or
complainant's petition for review, but that it was requesting
submissions on the issues of remedy, the public interest, and bonding
for use in the event that it ultimately determined that a violation of
section 337 had been established. All parties filed submissions on
these issues, but no agency or public submissions were received.
Having considered the record in this investigation, including the
ID and all submissions filed on review, the Commission determined not
to review any portion of the ID. The Commission also determined that
issuance of a remedy as to defaulting respondent CSI is precluded by
public interest factors.
This action constitutes the Commission's final disposition of this
investigation.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.53 of the
Commission's Interim Rules of Practice and Procedure, 19 CFR 210.53.
Copies of the non-confidential version of the ID 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 202-205-3000. Hearing-impaired persons are advised that
information on the matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
Issued: March 10, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-6133 Filed 3-15-94; 8:45 am]
BILLING CODE 7020-02-P
