[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Notices]
[Pages 9358-9359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3583]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-493 (Remand)]


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

AGENCY: 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 remanded 
investigation with a finding of no violation of section 337.

FOR FURTHER INFORMATION CONTACT: Christal Sheppard, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2301. 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

[[Page 9359]]

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 2, 2003, based on a complaint filed by Energizer Holdings, Inc. 
and Eveready Battery Company, Inc. (collectively, ``EBC''), 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 October 1, 2004, the Commission issued notice in the original 
investigation that it had determined to terminate the investigation 
with a finding of no violation of section 337 on the basis that the 
asserted claims of the '709 patent were invalid for indefiniteness. EBC 
appealed the Commission's final determination to the U.S. Court of 
Appeals for the Federal Circuit (``Federal Circuit''). On January 25, 
2006, the Federal Circuit issued its decision in the appeal, reversing 
the Commission's final determination and remanding the investigation to 
the Commission. Energizer Holdings, Inc. v. International Trade 
Commission, 435 F.3d 1366 (Fed. Cir. 2006). The Federal Circuit issued 
its mandate on March 20, 2006. On April 14, 2006, the Commission issued 
an order directing all parties to the investigation to provide comments 
on how this investigation should proceed, including comments on whether 
and to what extent the investigation should be remanded to the ALJ.
    Having considered the record in this investigation, including the 
comments received pursuant to the Commission's order of April 14, 2006, 
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 failure to meet 
the written description requirement and that, if valid, they are not 
infringed by respondents' products. Vice Chairman Aranoff and 
Commissioner Lane dissented from the Commission's final determination.
    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).

    Issued: February 23, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-3583 Filed 2-28-07; 8:45 am]
BILLING CODE 7020-02-P