[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65880-65881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26316]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-652]
In the Matter of Certain Rubber Antidegradants, Antidegradant
Intermediates and Products Containing the Same; Notice of Commission
Determination Not To Review an Initial Determination of the
Administrative Law Judge Granting Sinorgchem's Summary Determination
Motion and Kumho's Summary Determination Motion; Termination of the
Investigation
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 an initial determination of the
presiding administrative law judge granting respondents' summary
determination motions in the above-captioned investigation under
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. This
action terminates the investigation.
FOR FURTHER INFORMATION CONTACT: James Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential 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. General information concerning the
Commission may also be obtained by accessing its Internet server at
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. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On July 10, 2008, the Commission instituted
this investigation based upon a complaint filed on behalf of Flexsys
America L.P. (St. Louis, Missouri) (``Flexsys''). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``section 337''), in the importation
into the United States, the sale for importation, and the sale within
the United States after importation of
[[Page 65881]]
certain rubber antidegradants, antidegradant intermediates, and
products containing the same that infringe claims 61-74 of U.S. Patent
No. 5,453,541 (``the `541 patent'') and claims 23-28 of U.S. Patent No.
5,608,111 (``the `111 patent''). 73 FR 39719 (July 10, 2008). The
complaint named as respondents Sinorgchem Co., Shandong (Shandong,
China) (``Sinorgchem''), Korea Kumho Petrochemical Co., Ltd. (Seoul,
South Korea), Kumho Tire USA, Inc. (Rancho Cucamonga, California), and
Kumho Tire Co., Inc. (Seoul, South Korea). (The last three respondents
are referred to collectively as ``Kumho.'') The Commission in its
notice of institution noted that the ALJ might wish to consider whether
the claims asserted in this investigation were precluded by prior
litigation. 73 FR 39719.
On July 29, 2008, Sinorgchem moved for summary determination and
dismissal of this investigation as to Sinorgchem, stating that
Flexsys's claims in the complaint for this investigation represent
improper claim splitting as to the `111 patent and claim preclusion as
to the `541 patent. On July 31, 2008, Kumho moved for summary
determination that Flexsys is also precluded from re-litigating its
`111 and `541 patents against Kumho. The Commission investigative
attorney filed responses on August 4 and 5, 2008, respectively in
support of Sinorgchem and Kumho. Flexsys filed a response in opposition
on August 4, 2008. The ALJ heard argument at a preliminary conference
on August 5, 2008.
On August 8, 2008, the ALJ issued Order No. 6, asking the parties
to respond to certain questions. On August 15, 2008, Sinorgchem and
Kumho each filed submissions. On August 22, 2008, Flexsys filed a
response. On August 28, 2008, Sinorgchem filed a supplemental response.
On August 29, 2008, the Commission investigative attorney filed a
submission. On September 3, 2008, Flexsys filed a surreply.
On September 15, 2008, the ALJ issued the subject ID (Order No. 9),
granting the motions for summary determination and terminating the
investigation in its entirety.
On September 29, 2008, Flexsys filed a petition for review of the
subject ID. On October 6, 2008, Sinorgchem, Kumho, and the Commission
investigative attorney filed responses opposing the petition.
Having examined the relevant portions of the record in this
investigation, including the ID, the petition for review, and the
responses thereto, the Commission has determined not to review the
subject ID. The investigation is terminated in its entirety.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections
210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR
210.42-.46).
By order of the Commission.
Issued: October 30, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-26316 Filed 11-4-08; 8:45 am]
BILLING CODE 7020-02-P