[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Notices]
[Pages 53944-53945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20082]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-507]


In the Matter of Certain Medical Devices Used To Compact Inner 
Bone Tissue and Products Containing Same; Notice of Commission Decision 
Not To Review an Initial Determination Terminating the Investigation; 
Issuance of Consent Order

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 an initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') 
terminating the above-captioned investigation on the basis of a consent 
order.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3115. Copies of 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 this matter

[[Page 53945]]

can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810. General information concerning the Commission may also be 
obtained by accessing its Internet server (http://www.usitc.gov). The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 2, 2004, based on a complaint filed by complainant Kyphon Inc. 
of Sunnyvale, California. The respondents are Disc-O-Tech Medical 
Technologies, Ltd. of Herzliya, Israel, and Disc Orthopaedic 
Technologies, Inc. of Monroe Township, NJ. The complaint alleged 
violations of section 337 in the importation and sale of certain 
medical devices used to compact inner bone tissue and products 
containing same by reason of infringement of certain claims 1, 3, 7-9, 
11, and 14 of U.S. Patent No. 4,969,888, claims 1, 3, 8-10, 12, and 15 
of U.S. Patent 5,108,404, and claims 2, 17, 20, and 23-28 of U.S. 
Patent No. 6,248,110.
    On August 5, 2004, the ALJ issued an ID (Order No. 13) granting in 
part respondents' motion to terminate the investigation and based on 
entry of a consent order proposed by respondents. No petitions for 
review of the ID were filed.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    Issued: August 30, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-20082 Filed 9-2-04; 8:45 am]
BILLING CODE 7020-02-P