[Federal Register Volume 69, Number 194 (Thursday, October 7, 2004)]
[Notices]
[Pages 60186-60187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22601]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-493]


In the Matter of Certain Zero-Mercury-Added Alkaline Batteries, 
Parts Thereof, and Products Containing Same; Notice of Commission 
Decision to Terminate Investigation with a Finding of No Violation

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 to terminate the above-captioned 
investigation with a finding of no violation of section 337.

FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3090. 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. 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-ON-LINE) at http://edis.usitc.gov. Hearing-impaired persons are 
advised that information on

[[Page 60187]]

this matter can be obtained by contacting the Commission's TDD terminal 
on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 2, 2003, based on a complaint filed by Energizer Holdings, Inc. 
and Eveready Battery Company, Inc., both of St. Louis, Missouri. 68 FR 
32771 (June 2, 2003). The complaint, as supplemented, alleged 
violations of section 337 of the Tariff Act of 1930 in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain zero-mercury-added 
alkaline batteries, parts thereof, and products containing same by 
reason of infringement of claims 1-12 of U.S. Patent No. 5,464,709 
(``the `709 patent''). The complaint and notice of investigation named 
26 respondents and were later amended to include an additional firm as 
a respondent. The investigation has been terminated as to claims 8-12 
of the `709 patent. Several respondents have been terminated from the 
investigation for various reasons.
    On June 2, 2004, the ALJ issued his final ID finding a violation of 
section 337. He also recommended the issuance of remedial orders. A 
number of the remaining respondents petitioned for review of the ID. 
Complainants and the Commission investigative attorney filed 
oppositions to those petitions. On July 9, 2004, the Commission issued 
a notice that it had determined to review the ALJ's final ID in its 
entirety. In that notice, the Commission requested written submissions 
on the issues on review (noting issues and questions it particularly 
sought briefing on), as well as on remedy, the public interest, and 
bonding. Complainants, respondents, and the Commission investigative 
attorney filed written submissions.
    Having considered the record in this investigation, including the 
written submissions on the issues on review and on remedy, the public 
interest, and bonding, the Commission has determined to terminate this 
investigation with a finding of no violation of section 337. 
Specifically, the Commission has determined that the asserted claims 
are invalid for indefiniteness. The Commission has determined to take 
no position on the other issues raised in this investigation. Finally, 
the Commission has determined to deny as moot the May 21, 2004, motion 
of respondent Ningbo Baowang Battery Co. Ltd. to terminate the 
investigation as to it, as well as its motion to reopen the evidentiary 
record.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and sections 
210.41-.51 of the Commission's Rules of Practice and Procedure (19 CFR 
210.41-.51).

    By order of the Commission.

    Issued: October 1, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-22601 Filed 10-6-04; 8:45 am]
BILLING CODE 7020-02-P