[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Page 64742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26334]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-732]
In the Matter of Certain Devices Having Elastomeric Gel and
Components Thereof; Notice of Commission Determination Not To Review an
Initial Determination Granting Complainant's Motion To Amend the
Complaint and Notice of 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
(``ID'') (Order No. 5) of the presiding administrative law judge
(``ALJ'') granting a motion to amend the complaint and notice of
investigation.
FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3116. 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 August 4, 2010, the Commission instituted
this investigation based on the complaint, as supplemented, of
Interactive Life Forms, LLC of Austin, Texas (``ILF''). 75 FR 47027
(Aug. 4, 2010). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain devices
having elastomeric gel and components thereof by reason of infringement
of certain claims of U.S. Patent No. 5,782,818 and U.S. Patent No.
5,807,360. The complaint alleges the existence of an industry in the
United States as required by section 337(a)(2), names twenty six
business entities as respondents (a number of which have been
terminated from the investigation based on consent order stipulations
and consent orders), and requests relief in the form of an exclusion
order and cease and desist orders.
On August 25, 2010, ILF moved for leave to amend the complaint and
notice of investigation based upon information learned after the
complaint's filing. Specifically, ILF sought to add two respondents,
Easybuy Inc. d/b/a Blush Novelties (135-42 39th Ave., 3rd Floor,
Flushing, New York) and Spencer Gifts, LLC (6826 Black Horse Pike, Egg
Harbor Township, New Jersey), and to correct the identification of two
respondents, TEG, L.L.C., whose correct address is 11 Perimeter Center
East, 1215, Atlanta, Georgia, and One Up Innovations, Inc.,
2745 Bankers Industrial Drive, Atlanta, Georgia, which had been
misidentified as Liberator, Inc. The Commission investigative attorney
filed a response in support of the motion.
On September 20, 2010, the ALJ issued the subject ID. He found that
ILF demonstrated good cause for each requested amendment and therefore
granted the motion. No petitions for review of the subject ID were
filed.
The Commission has determined not to review the subject ID.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules
210.21, 210.42, 19 CFR 210.21, 210.42.
By order of the Commission.
Issued: October 14, 2010.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-26334 Filed 10-19-10; 8:45 am]
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