[Federal Register Volume 75, Number 187 (Tuesday, September 28, 2010)]
[Notices]
[Pages 59745-59746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24242]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-738]
In the Matter of: Certain Components for Installation of Marine
Autopilots With GPS or IMU; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 26, 2010, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
American GNC of Simi Valley, California. An amended complaint was filed
on September 16, 2010. The amended complaint alleges violations of
section 337 based upon the importation into the United States, the sale
for importation, and the sale within the United States after
importation of certain installation of marine autopilots with GPS or
IMU by reason of infringement of certain claims of U.S. Patent No.
6,596,976 (``the `976 patent''). The amended complaint further alleges
that an industry in the United States exists as required by subsection
(a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The amended complaint, except for any confidential
information contained therein, is 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., Room
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
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.
FOR FURTHER INFORMATION CONTACT: Anne Goalwin, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2574.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2010).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on September 21, 2010, ordered
that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain components
for installation of marine autopilots with GPS or IMU that infringe one
or more of claims 2, 5, 10-13, 28, 30, 54, and 55 of the `976 patent,
and whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact on this
issue;
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
American GNC, 888 Easy Street, Simi Valley, CA 93065.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Furuno Electronics Co., Ltd., 9-52 Ashibara-cho, Nishinomiya City,
Hyogo 662-8530, Japan.
Furuno U.S.A. Inc., 4400 NW Pacific Rim Boulevard, Camas, WA 98607,
Navico Holdings AS.
Strandvelen 18, Lysaker, Norway.
Navico UK, Ltd., Premier Way, Abbey Park, Romsey Hampshire, United
Kingdom 50519DM.
[[Page 59746]]
Navico, Inc., 410 Amherst Street, Suite 110, Nashua, NH 03063.
Flir Systems, Inc., 27700A SW Parkway Avenue, Wilsonville, OR 97070.
Raymarine UK Ltd., Marine House, 5 Harbourgate, Southampton Road.
Portsmouth Hampshire, PO6 4QB, United Kingdom.
Raymarine Inc., 21 Manchester Street, Merrimack, NH 03054.
(c) The Commission investigative attorney, party to this
investigation, is Anne Goalwin, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Honorable Paul J.
Luckern, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate the presiding Administrative Law Judge.
Responses to the amended complaint and the notice of investigation
must be submitted by the named respondents in accordance with section
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR
210.13. Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses
will be considered by the Commission if received not later than 20 days
after the date of service by the Commission of the amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended complaint and the notice of investigation will
not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended complaint and this notice, and to authorize the
administrative law judge and the Commission, without further notice to
the respondent, to find the facts to be as alleged in the amended
complaint and this notice and to enter an initial determination and a
final determination containing such findings, and may result in the
issuance of an exclusion order or a cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: September 22, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-24242 Filed 9-27-10; 8:45 am]
BILLING CODE 7020-02-P