[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9791]
[[Page Unknown]]
[Federal Register: April 22, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-359]
Certain Dielectric Miniature Microwave Filters and Multiplexers
Containing Same; Commission Determination To Modify in Part and To
Affirm in Part an Initial Determination Granting Temporary Relief and
To Issue a Limited Temporary Exclusion Order, Subject to the Posting of
Bond by Complainant
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to modify in part and affirm in part the
presiding administrative law judge's (ALJ's) initial determination (ID)
in the above-captioned investigation, and to issue a limited temporary
exclusion order.
FOR FURTHER INFORMATION CONTACT: Matthew T. Bailey, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3108.
SUPPLEMENTARY INFORMATION: On October 4, 1993, Space Systems/Loral,
Inc. (SSL) filed a complaint and a motion for temporary relief with the
Commission alleging violations of section 337 in the importation, the
sale for importation, and the sale within the United States after
importation of certain dielectric miniature microwave filters and
multiplexers containing same. SSL's complaint alleged infringement of
claims 1, 3, 7-11, and 14 of U.S. Letters Patent 4,489,293 (the '293
patent). The motion for temporary relief was limited to claims 1 and 14
of the '293 patent.
The Commission instituted an investigation into the allegations of
SSL's complaint, and provisionally accepted SSL's motion for temporary
relief, and published a notice to that effect in the Federal Register.
58 FR 60877-78 (November 18, 1993). The notice named Com Dev Ltd. (Com
Dev) of Ontario, Canada as the only respondent.
The presiding administrative law judge (ALJ) held an evidentiary
hearing on SSL's motion for temporary relief from January 12 to January
22, 1994. Com Dev actively participated in the hearing. The Commission
received submissions on the issues of remedy, the public interest, and
bonding, from all parties.
On March 17, 1994, the ALJ issued an initial determination (ID)
granting SSL's motion for temporary relief. All parties filed written
comments and responses to each other's comments.
The Commission, having considered the ID, the comments and
responses of the parties, and the record in this investigation,
determined to modify the ID in one minor respect, and to affirm the ID
in all other respects.
The Commission, having determined that there is reason to believe
that there is a violation of section 337 in the importation, sale for
importation, or sale in the United States after importation of the
accused miniature microwave filters, and having determined that
temporary relief is warranted, considered the issues of the appropriate
form of such relief, whether the public interest precludes issuance of
such relief, complainant's bond, and respondent's bond during the
period such relief is in effect. The Commission determined that a
limited temporary exclusion order is the appropriate form of temporary
relief. The Commission further determined that the statutory public
interest factors do not preclude the issuance of such relief, that
respondents' bond during the period of the temporary limited exclusion
order shall be in the amount of $10,802 per imported miniature
microwave filter, and that complainant's bond shall be in the amount of
$100,000.
Commission interim rule 210.58(b)(3) sets forth the requirements
for posting of complainant's bond. Commission interim rule 210.58(b)(7)
requires that all bonds posted by complainant must be approved by the
Commission Secretary before the temporary relief which the bond will
secure will be issued. Consequently, issuance of the temporary relief
described in the preceding paragraph is subject to the posting and
approval of a complainant's bond in the amount of $100,000. Complainant
is to file its bond with the Commission Secretary within seven (7)
business days of publication of this notice in the Federal Register.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337), as amended, and
in Secs. 210.24 and 210.58 of the Commission's Interim Rules of
Practice and Procedure, 19 CFR 210.24 and 210.58.
Copies of the Commission's Order, the opinion in support thereof,
the ALJ's 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 202-205-2000. 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: April 18, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-9791 Filed 4-21-94; 8:45 am]
BILLING CODE 7020-02-P
