[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Notices]
[Page 46408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22072]
[[Page 46408]]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-415]
Certain Mechanical Lumbar Supports and Products Containing Same;
Notice of Commission Determination not to Review a Final Initial
Determination Finding no Violation of Section 337
AGENCY: 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) on June 29,
1999, finding no violation of section 337 of the Tariff Act of 1930, 19
U.S.C. 1337, in the above-captioned investigation. Accordingly, the
Commission has terminated the investigation with a finding of no
violation of section 337.
FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3104. General information concerning the Commission may also be
obtained by accessing its Internet server (http://www.usitc.gov).
Hearing-impaired persons are advised that information on the matter can
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
of allegations of unfair acts in violation of section 337 in the
importation and sale of certain mechanical lumbar supports on September
29, 1998. 63 FR 51949. The complaint alleged that five respondents had
infringed two claims of U.S. Letters Patent 5,518,294 (the `294 patent)
held by complainant McCord Winn Textron, Inc. (Textron) of Manchester,
New Hampshire. The notice of investigation named the following
respondents: Schukra Manufacturing Inc. and Schukra North America,
Ltd., both of Canada, Schukra Berndorf GmbH of Austria, Schukra
Automobil-Erstausstatungs GmbH, Germany, and Schukra U.S.A. of
Plymouth, Michigan. On January 11, 1999, the Commission determined not
to review an ID adding Advantage Technologies, Inc. of Plymouth,
Michigan as a respondent. An evidentiary hearing was held March 22-26,
1999.
On June 29, 1999, the presiding ALJ issued her final ID, finding no
violation of section 337, based on her finding that respondents were
not infringing the asserted patent claims. On July 12, 1999,
complainant petitioned for review of the claim construction and
infringement issues. Also on that date, respondents filed a contingent
petition for review of the issues of patent validity and
unenforceability to be considered in the event that the Commission
reviewed the claim construction and infringement issues. The Commission
investigative attorney (IA) did not file a petition for review. On July
19, 1999, complainant, respondents, and the IA filed responses to the
petitions for review.
Having reviewed the record in this investigation, including the
parties' written submissions, the Commission determined not to review
the ID or ALJ Order No. 41.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.42 of the
Commission's rules of practice and procedure, 19 CFR Sec. 210.42.
Copies of the public 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.
Issued: August 16, 1999.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-22072 Filed 8-24-99; 8:45 am]
BILLING CODE 7020-02-P
