[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Page 64742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26334]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-732]


In the Matter of Certain Devices Having Elastomeric Gel and 
Components Thereof; Notice of Commission Determination Not To Review an 
Initial Determination Granting Complainant's Motion To Amend the 
Complaint and Notice of 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 not to review an initial determination 
(``ID'') (Order No. 5) of the presiding administrative law judge 
(``ALJ'') granting a motion to amend the complaint and notice of 
investigation.

FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3116. 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 persons are advised that information 
on this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: On August 4, 2010, the Commission instituted 
this investigation based on the complaint, as supplemented, of 
Interactive Life Forms, LLC of Austin, Texas (``ILF''). 75 FR 47027 
(Aug. 4, 2010). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain devices 
having elastomeric gel and components thereof by reason of infringement 
of certain claims of U.S. Patent No. 5,782,818 and U.S. Patent No. 
5,807,360. The complaint alleges the existence of an industry in the 
United States as required by section 337(a)(2), names twenty six 
business entities as respondents (a number of which have been 
terminated from the investigation based on consent order stipulations 
and consent orders), and requests relief in the form of an exclusion 
order and cease and desist orders.
    On August 25, 2010, ILF moved for leave to amend the complaint and 
notice of investigation based upon information learned after the 
complaint's filing. Specifically, ILF sought to add two respondents, 
Easybuy Inc. d/b/a Blush Novelties (135-42 39th Ave., 3rd Floor, 
Flushing, New York) and Spencer Gifts, LLC (6826 Black Horse Pike, Egg 
Harbor Township, New Jersey), and to correct the identification of two 
respondents, TEG, L.L.C., whose correct address is 11 Perimeter Center 
East, <greek-i>1215, Atlanta, Georgia, and One Up Innovations, Inc., 
2745 Bankers Industrial Drive, Atlanta, Georgia, which had been 
misidentified as Liberator, Inc. The Commission investigative attorney 
filed a response in support of the motion.
    On September 20, 2010, the ALJ issued the subject ID. He found that 
ILF demonstrated good cause for each requested amendment and therefore 
granted the motion. No petitions for review of the subject ID were 
filed.
    The Commission has determined not to review the subject ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules 
210.21, 210.42, 19 CFR 210.21, 210.42.

    By order of the Commission.

    Issued: October 14, 2010.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. 2010-26334 Filed 10-19-10; 8:45 am]
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