[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49890-49891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23499]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-636]


 In the Matter of Certain Laser Imageable Lithographic Printing 
Plates: Notice of Commission Determination To Review in Part an Initial 
Determination Finding Respondents in Violation of Section 337 and on 
Review To Affirm the Administrative Law Judge's Determination That 
There Is a Violation of Section 337; Schedule for Briefing on the 
Issues on Review and on Remedy, Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: The United States International Trade Commission hereby 
provides notice that it has determined to review in part the final 
initial determination (``ID'') issued by the presiding administrative 
law judge (``ALJ'') finding a violation of section 337 of the Tariff 
Act of 1930 (19 U.S.C. 1337) by the remaining respondents in the above-
captioned investigation. Specifically, the Commission has determined to 
modify the ALJ's claim construction analysis, but to affirm the ALJ's 
determination of violation of section 337. Notice is further given that 
the Commission is requesting briefing on remedy, the public interest, 
and bonding with respect to the respondents found in violation.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. 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

[[Page 49891]]

persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: This investigation was instituted on March 
7, 2008, based on a complaint filed by Presstek, Inc. (``Presstek'') of 
Hudson, New Hampshire. The complaint alleged violations of section 337 
of the Tariff Act of 1930, as amended, in the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain laser imageable lithographic 
printing plates that infringe certain claims of U.S. Patent Nos. 
5,339,737 (``the `737 patent'') and 5,487,338 (``the `338 patent'') and 
U.S. Trademark Reg. No. 1,711,005 (``the `005 trademark''). All 
assertions relating to the `005 trademark were subsequently terminated 
from the investigation. Certain respondents have been terminated from 
the investigation, and the remaining respondents are VIM Technologies, 
Ltd., Hanita Coatings RCA, Ltd., AteCe Canada, Guaranteed Service & 
Supplies, Inc., Recognition Systems, Inc., and Spicers Paper, Inc. 
(hereinafter referred to collectively as ``Respondents'').
    On July 24, 2009, the ALJ issued the subject ID finding that a 
violation of section 337 has occurred in the importation into the 
United States, the sale for importation, or the sale within the United 
States after importation of certain laser imageable lithographic 
printing plates by reason of infringement of one or more of claims 1, 
10, and 27 of the `737 patent and by reason of infringement of one or 
more of claims 20, 21, and 23 of the `338 patent.
    Respondents filed a combined petition for review of the ID, which 
Presstek and the Commission investigative attorney opposed. Having 
reviewed the record of this investigation, including Respondents' 
petition for review and the responses thereto, the Commission has 
determined to review certain aspects of the ID relating to claim 
construction. On review, the Commission has determined to modify the ID 
by supplementing the ALJ's claim construction analysis for reasons that 
will be provided in the Commission's opinion on remedy, the public 
interest, and bonding, and has determined to affirm the ALJ's 
determination of violation of section 337.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease-and-desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see In the Matter of Certain Devices for Connecting 
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 
(December 1994) (Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease-and-desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainants and the IA are also requested to submit 
proposed remedial orders for the Commission's consideration. 
Complainants are also requested to state the dates that the patents 
expire and the HTSUS numbers under which the accused products are 
imported. The written submissions and proposed remedial orders must be 
filed no later than close of business on October 6, 2009. Reply 
submissions, if any, must be filed no later than the close of business 
on October 13, 2009. No further submissions on these issues will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
and 12 true copies thereof on or before the deadlines stated above with 
the Office of the Secretary. Any person desiring to submit a document 
to the Commission in confidence must request confidential treatment 
unless the information has already been granted such treatment during 
the proceedings. All such requests should be directed to the Secretary 
of the Commission and must include a full statement of the reasons why 
the Commission should grant such treatment. See 19 CFR 201.6. Documents 
for which confidential treatment by the Commission is sought will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    By order of the Commission.

    Issued September 24, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-23499 Filed 9-28-09; 8:45 am]
BILLING CODE 7020-02-P