[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Pages 64073-64074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30398]



=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-366]


Certain Microsphere Adhesives, Process for Making Same, and 
Products Containing Same, Including Self-Stick Repositionable Notes; 
Notice of Termination of Investigation and Issuance of Limited 
Exclusion Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order in the above-captioned 
investigation and terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3104.

SUPPLEMENTARY INFORMATION: This investigation was instituted by the 
Commission on June 8, 1994, based on a complaint filed by Minnesota 
Mining and Manufacturing Co. (3M). On March 23, 1995, the then 
presiding administrative law judge (ALJ)(Chief Judge Janet Saxon) 
issued her final ID in the investigation. The ALJ determined that a 
violation of section 337 of the Tariff Act of 1930, as amended, had 
occurred by reason of infringement of certain claims of U.S. Letters 
Patent 4,166,152 (the '152 patent) in the importation or sale of 
certain products containing microsphere adhesives by Kudos Finder Tape 
Industrial Ltd. and Kudos Finder Trading Co. (collectively, 

[[Page 64074]]
Kudos). The finding of violation as to Kudos was based on adverse 
inferences drawn from Kudos' failure to cooperate in discovery. The ID 
found no violation as to respondents Taiwan Hopax Chemicals 
Manufacturing, Co., Ltd.; Yuen Foong Paper Co., Ltd.; Beautone 
Specialties Co., Ltd.; and Beautone Specialties Co. (collectively, 
Beautone).
    On April 17, 1995, 3M, Beautone, and the Commission investigative 
attorney (IA) filed petitions for review of the ID. On April 27, 1995, 
they filed responses to each other's petitions. On May 23, 1995, the 
Commission determined to review the issues of (1) claim interpretation, 
(2) patent infringement by Beautone and Kudos, (3) patent validity 
under 35 U.S.C. Secs. 102(f), 102(g), and 112, second paragraph, and 
(4) domestic industry. The Commission determined not to review the 
remainder of the ID. The Commission also determined to remand the ID to 
the ALJ for additional findings and for clarification of certain 
findings made in the ID concerning the issues under review.
    Subsequent to remand of the ID, the investigation was reassigned to 
Judge Paul Luckern, who, on August 8, 1995, issued his ID on remand. 3M 
and Beautone filed petitions for review on August 18, 1995. 3M, 
Beautone, and the IA filed responses to the petitions. On September 22, 
1995, the Commission determined not to review the remand ID, thereby 
resolving the issues of claim interpretation and validity under 35 
U.S.C. Sec. 112, and the validity of claims 1, 2, 4, and 5. The 
Commission determined not to review the ALJ's remand ID and requested 
written submissions on the issues of remedy, the public interest, and 
bonding. 60 Fed. Reg. 50215 (1995)(Sept. 28, 1995). On review the 
Commission determined that claims 7, 8, and 10 were not invalid under 
35 U.S.C. Secs. 102(f), 102(g); that Beautone did not infringe any of 
the '152 patent claims in issue; that Kudos infringed claims 1, 4, and 
7, based on adverse inferences; and that there is a domestic industry.
    Submissions on remedy, the public interest, and bonding were 
received from complainant 3M, respondent Beautone, and the IA. 
Complainant, respondents, and the IA also filed reply submissions on 
those issues.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission made its 
determinations on the issues of remedy, the public interest, and 
bonding. The Commission determined that the appropriate form of relief 
is a limited exclusion order prohibiting the unlicensed importation of 
infringing microsphere adhesives, and products containing same, 
including repositionable notes and products containing repositionable 
notes, manufactured and/or imported by or on behalf of Kudos. The order 
applies to any of the affiliated companies, parents, subsidiaries, 
licensees, contractors, or other related business entities, or their 
successors or assigns of Kudos Finder Tape Industrial Ltd. and Kudos 
Finder Trading Co.
    The Commission also determined that the public interest factors 
enumerated in 19 U.S.C. Sec. 1337(d) do not preclude the issuance of 
the limited exclusion order, and that the bond during the Presidential 
review period shall be in the amount of 100 percent of the entered 
value of the articles in question.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. Sec. 1337), and section 
210.58 of the Commission's Interim Rules of Practice and Procedure (19 
C.F.R. Sec. 210.58)(1994).
    Copies of the Commission order, the Commission opinion in support 
thereof, 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. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810.

    By order of the Commission.

    Issued: December 8, 1995.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-30398 Filed 12-12-95; 8:45 am]
BILLING CODE 7020-02-P