[Federal Register Volume 69, Number 247 (Monday, December 27, 2004)]
[Notices]
[Page 77269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28225]



[[Page 77269]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-511]


In the Matter of Certain Pet Food Treats; Notice of Decision Not 
To Review an Initial Determination Granting United Pet Group's Motion 
for Summary Determination of Non-Infringement

AGENCY: 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) 
issued by the presiding administrative law judge (ALJ) in the above-
captioned investigation, granting the motion of United Pet Group, Inc. 
of Cincinnati, Ohio (``UPG'') for summary determination of non-
infringement.

FOR FURTHER INFORMATION CONTACT: Andrea Casson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3105. Copies of all 
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) 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: The Commission instituted this investigation 
on June 8, 2004, based on a complaint filed by Thomas J. Baumgartner 
and Hillbilly Smokehouse, Inc., both of Rogers, Arkansas. 69 FR 32044. 
The complaint alleges violations of section 337 of the Tariff Act of 
1930, 337 U.S.C. 1337, in the importation into the United States, sale 
for importation, or sale within the United States after importation of 
certain pet food treats that infringe U.S. Design Patent No. 383,886 
(``the '886 patent''). The notice of investigation lists six companies 
as respondents, including LLB Holdings, LLC, of Aiea, Hawaii (``LLB''). 
On August 11, 2004, the ALJ issued Order No. 4, which granted a motion 
by UPG to intervene in place of LLB. The Commission determined not to 
review that ID.
    On June 23, 2004, the same day that UPG filed its motion to 
intervene, it also filed a motion for partial summary determination of 
non-infringement. Complaints and the Commission investigative attorney 
filed responses in opposition to UPG's motion for summary 
determination. On November 22, 2004, the ALJ issued an ID (order No. 
10) granting UPG's motion for summary determination. No petitions for 
review of the ID were filed.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and sections 210.19 and 210.42 of 
the Commission Rules of Practice and Procedure, 19 CFR 210.19 and 
210.42.

    Issued: December 21, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-28225 Filed 12-23-04; 8:45 am]
BILLING CODE 7020-02-P