[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13434-13435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5680]
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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 a Commission Determination Not To Review
an Initial Determination Terminating the Investigation in Its Entirety
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. 20) of the presiding administrative law judge
(``ALJ'') in the above-captioned investigation terminating the
investigation in its entirety.
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://www.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: The Commission instituted this investigation
on August 4, 2010, based on the complaint, as supplemented, of
[[Page 13435]]
Interactive Life Forms, LLC of Austin, Texas (``ILF''). 75 FR 47027
(Aug. 4, 2010). The complaint alleged 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 Nos. 5,782,818 and 5,807,360. The
complaint originally named 26 respondents, including Polydigitech Inc.
of Schaumburg, Illinois (``Polydigitech''), and Satistic, LLC of Las
Vegas, Nevada (``Satistic''). The complaint was later amended, as was
the notice of investigation, to add two respondents and correct the
identification of two original respondents. 75 FR 64742 (Oct. 20,
2010). Since institution, Satistic has been found in default and all
remaining respondents, save Polydigitech, have been terminated from the
investigation based upon consent order stipulations and consent orders
or based upon settlement.
On December 29, 2010, ILF filed a motion to terminate the
investigation in its entirety, in which it represented that it is not
seeking entry of a limited exclusion order, a cease and desist order,
or any other relief despite Satistic having been found in default. ILF
further represented that it had decided to withdraw its complaint
against Polydigitech, the last remaining respondent in the
investigation, because its allegations against Polydigitech were based
upon that firm's distribution of products manufactured by original
respondent TENGA Co., Ltd. of Tokyo, Japan, which has since entered
into a consent order and been terminated from the investigation. ILF
also stated that neither Polydigitech nor the Commission investigative
attorney opposed the motion.
On January 28, 2011, the ALJ issued the subject ID. Given ILF's
decision not to seek any relief against the defaulted party, and
finding no extraordinary circumstances that would preclude the
Commission from terminating the investigation in its entirety based on
the withdrawal of the complaint as to Polydigitech, the only remaining
respondent in the investigation, the ALJ granted ILF's unopposed
motion. No petitions for review of the 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: February 17, 2011.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2011-5680 Filed 3-10-11; 8:45 am]
BILLING CODE 7020-02-P