[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Page 19354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08223]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-908]


Certain Soft-Edged Trampolines and Components Thereof Notice of 
Final Determination of No Violation; Termination of the Investigation

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 that no violation of section 337 has been 
proven in the above-captioned investigation. The Commission's 
determination is final, and this investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3438. 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 (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 January 30, 2014, based on a complaint filed by Springfree 
Trampoline, Inc. of Markham, Canada, Springfree Trampoline USA Inc. of 
Markham, Canada, and Spring Free Limited Partnership of Markham, Canada 
(collectively, ``Springfree''). 79 FR 4956 (Jan. 30, 2014). The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, in the importation, sale for importation, 
or sale within the United States after importation of certain soft-
edged trampolines and components thereof by reason of infringement of 
claims 1 and 13 of U.S. Patent No. 6,319,174 (``the '174 patent''). Id. 
The notice of investigation names Vuly Trampolines Pty. Ltd. of 
Brisbane, Australia (``Vuly'') as the sole respondent. Id. at 4957. The 
Office of Unfair Import Investigations did not participate in the 
investigation. Id.
    On December 5, 2014, the administrative law judge (``ALJ'') issued 
a final ID finding no violation of section 337. On December 18, 2014, 
the ALJ issued a recommended determination (``RD'') on remedy and 
bonding. On December 22, 2014, Springfree and Vuly filed petitions for 
review challenging various findings in the final ID. On January 2, 
2015, the parties filed responses. The Commission did not receive any 
post-RD public interest comments from the public or the parties.
    On February 5, 2015, the Commission determined to review the final 
ID in part and requested additional briefing from the parties on 
certain issues. The Commission also solicited briefing from the parties 
and the public on the issues of remedy, bonding, and the public 
interest. On February 19, 2015, the parties filed briefs addressing the 
Commission's questions and the issues of remedy, bonding, and the 
public interest. On March 2, 2015, the parties filed reply briefs.
    Having examined the record of this investigation, including the 
ALJ's final ID and submissions from the parties, the Commission has 
determined to affirm the ALJ's determination of no violation. As 
explained more fully in the forthcoming Commission opinion, the 
Commission has determined to construe ``flexible mat'' in the first 
instance, modify the ALJ's construction of ``first retaining means,'' 
and affirm, but on modified grounds, the ALJ's construction of 
``flexible elongated rod.'' The Commission has determined to affirm, 
but on modified grounds, the ALJ's findings that Vuly's products 
infringe claim 13, that Springfree's products practice claim 13, that 
claim 1 is not invalid as anticipated by the prior art, that claim 13 
is invalid as anticipated by the prior art, and that claims 1 and 13 
are not invalid due to lack of enablement. The Commission has 
determined to reverse the ALJ's findings that Vuly's products infringe 
claim 1, that Springfree's products do not practice claim 1, and that 
Springfree did not satisfy the technical prong of the domestic industry 
requirement as to claims 1 and 13. The Commission has determined to 
affirm the ALJ's finding that Springfree did not satisfy the economic 
prong of the domestic industry requirement. The Commission has 
determined not to reach the issue of whether claim 13 is obvious.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: April 6, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-08223 Filed 4-9-15; 8:45 am]
 BILLING CODE 7020-02-P