[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Notices]
[Page 28167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13147]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-366]
Notice of Commission Determinations to Review Certain Portions of
the Presiding Administrative Law Judge's Final Initial Determination
and To Remand the Initial Determination to the ALJ for Clarification
and Additional Findings; Denial of Request for Oral Argument
In the Matter of: Certain microsphere adhesives, process for
making same, and products containing same, including self-stick
repositionable notes.
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Commission has determined to
review certain portions of the final initial determination (ID) issued
by the presiding administrative law judge (ALJ) on March 23, 1995, in
the above-captioned investigation. The Commission has also determined
to remand the ID to the ALJ for additional findings and for
clarification of certain findings made in the ID concerning the issues
under review. The Commission also determined to deny complainant's
request for oral argument.
FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street, SW,
Washington, DC 20436, telephone 202-205-3104.
SUPPLEMENTARY INFORMATION: This investigation was instituted by the
Commission on June 8, 1994, based on a complaint filed by Minnesota
Mining and Manufacturing Co. (3M). On March 23, 1995, the ALJ issued
her final ID in this investigation. The ALJ determined that a violation
of section 337 of the Tariff Act of 1930, as amended, has occurred by
reason of infringement of certain claims of U.S. Letters Patent
4,166,152 (the '152 patent) in the importation or sale of certain
products containing microsphere adhesives by Kudos Finder Tape
Industrial Ltd. and Kudos Finder Trading Co. (collectively, Kudos). The
finding of violation as to Kudos was based on adverse inferences drawn
from Kudos' failure to cooperate in discovery. The ID found no
violation as to respondents Taiwan Hopax Chemicals Manufacturing, Co.,
Ltd.; Yuen Foong Paper Co., Ltd.; Beautone Specialties Co., Ltd.; and
Beautone Specialties Co. (collectively, Beautone).
On April 17, 1995, 3M, Beautone, and the Commission investigative
attorney filed petitions for review of the ID. On April 27, 1995, the
parties filed responses to each other's petitions. Under Commission
interim rule 210.53(h), the ID would have become the determination of
the Commission on May 8, 1995, unless review were ordered or the review
deadline were extended. However, the Commission had previously extended
the review deadline until May 23, 1995. 60 FR 17806 (April 7, 1995).
The statutory deadline for completing this investigation is December 8,
1995.
Having examined the record in this investigation, including the ID,
the Commission determined to review the issues of (1) claim
interpretation, (2) patent infringement by Beautone and Kudos, (3)
patent validity under 35 U.S.C. 102(f), 102(g), and 112, and (4)
domestic industry. The Commission has determined not to review the
remainder of the ID. The Commission also determined to remand the ID to
the presiding ALJ to make additional findings and to clarify certain
other findings made in the ID, and has directed the ALJ to issue her ID
on remand on or before August 8, 1995. The ID on remand will be
processed in accordance with Commission interim rules 210.53 and
210.54.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and Secs. 210.53,
210.56, and 210.58 of the Commission's Interim Rules of Practice and
Procedure (19 C.F.R. 210.53, 210.56, and 210.58).
Copies of the nonconfidential 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 202-205-2000. Hearing-impaired persons are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
Issued: May 23, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-13147 Filed 5-26-95; 8:45 am]
BILLING CODE 7020-02-P
