[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Notices]
[Page 6625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3019]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-419]


Certain Excimer Laser Systems for Vision Correction Surgery and 
Components Thereof and Methods for Performing Such Surgery; Notice of 
Commission Decision To Review Portions of an Initial Determination

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 review-in-part the final initial 
determination (``ID'') issued on December 6, 1999, by the presiding 
administrative law judge (``ALJ'') in the above-captioned investigation 
finding that there was no violation of section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3152. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (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: This investigation was instituted on March 
1, 1999, based on a complaint by VISX, Inc. (``VISX''), 64 Fed. Reg. 
10016-17. The respondents named in the investigation are Nidek Co., 
Ltd., Nidek Inc., and Nidek Technologies, Inc. Complainant alleges 
importation and sale of certain excimer laser systems for vision 
correction surgery that infringe claims of U.S. Letters Patent Nos. 
4,718,418 (``the '418 patent'') and 5,711,762 (``the '762 patent''). An 
evidentiary hearing was held from August 18, 1999 to August 27, 1999.
    On December 6, 1999, the presiding administrative law judge 
(``ALJ'') issued her final ID finding that complainant VISX failed to 
establish the required domestic industry, that there was no 
infringement of any claim at issue, and that the '762 patent was 
invalid and unenforceable.
    Having examined the record in this investigation, the final ID, the 
petitions for review, and the responses thereto, the Commission has 
determined not to review the ID's findings with respect to the '418 
patent. The Commission has determined to review the ID's findings with 
respect to the '762 patent. Review questions and a briefing schedule 
will be issued following the issuance of this notice.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and sections 210.45-210.51 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.45-210.51.
    Copies of the public versions of the subject IDs, 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 S.W., Washington, D.C. 
20436, telephone 202-205-2000.

    Issued: February 2, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-3019 Filed 2-9-00; 8:45 am]
BILLING CODE 7020-00-P