[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Notices]
[Pages 4760-4761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1702]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-545 (Consolidated Enforcement and Advisory 
Opinion Proceeding)]


 In the Matter of Certain Laminated Floor Panels Certain 
Laminated Floor Panels; Notice of a Commission Determination Not To 
Review an Initial Determination Terminating Consolidated Enforcement 
and Advisory Opinion Proceeding on the Basis of a Settlement Agreement 
and Cross-License Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 38) of the presiding administrative law judge 
(``ALJ'') in the above-captioned proceeding terminating the proceeding 
on the basis of a settlement agreement and cross-license agreement.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. 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: The Commission instituted the underlying 
investigation on August 3, 2005, based on a complaint filed by Unilin 
Beheer B.V. of the Netherlands, Flooring Industries Ltd. of Ireland, 
and Unilin Flooring N.C., LLC of North Carolina (collectively 
``Unilin''). 70 FR 44,694 (August 3, 2005). The complaint, as amended, 
alleged violations of section 337 in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain laminated floor panels by reason of 
infringement of one or more of claims 1, 14, 17, 19-21, 37, 52, 65, and 
66 of U.S. Patent No. 6,006,486; claims 1, 2, 10, 13, 18, 19, 22-24, 
and 27 of U.S. Patent No. 6,490,836 (``the `836 patent''); claims 1-6 
of U.S. Patent No. 6,874,292 (``the `292 patent''); and claims 1, 5, 
13, 17, 27 and 28 of U.S. Patent No. 6,928,779 (``the `779 patent'').
    On January 5, 2007, the Commission issued its final determination 
finding a violation of section 337 and infringement of claims 1, 2, 10, 
18, and 23 of the `836 patent, claims 5 and 17 of the `779 patent, and 
claims 3 and 4 of the `292 patent. The Commission determined to issue a 
general exclusion order under 19 U.S.C. 1337(d)(2), as well as cease 
and desist orders to certain respondents. On July 31, 2008, the U.S. 
Court of Appeals for the Federal Circuit issued a decision in Yingbin-
Nature (Guangdong) Wood Industry Co., Ltd. v. Int'l Trade Comm'n., 535 
F.3d 1322 (Fed. Cir. 2008) affirming the Commission's final 
determination on violation.
    Unilin filed a complaint on March 24, 2008, and a corrected 
complaint on April 30, 2008, requesting that the Commission institute a 
formal enforcement proceeding under Commission rule 210.75 to 
investigate violations of the general exclusion order. The complaint 
named as respondent Uniboard Canada, Inc. (Quebec, Canada) 
(``Uniboard''). On April 15, 2008, Uniboard filed a request for an 
advisory opinion that its products would not violate the general 
exclusion order. Uniboard requested that the advisory opinion 
proceeding be consolidated with the enforcement proceeding. On June 20, 
2008, the Commission determined to consolidate the formal enforcement 
and advisory opinion proceedings and certify the consolidated 
proceedings to Judge Luckern. 73 FR. 36355 (June 25, 2008).
    On December 8, 2008, Unilin and Uniboard jointly moved, pursuant to

[[Page 4761]]

Commission rule 210.21, to terminate the consolidated enforcement and 
advisory opinion proceeding in light of a settlement agreement and a 
cross-license agreement between Unilin and Uniboard. The Commission 
investigative attorney filed a response in support of the motion.
    The ALJ issued the subject ID on December 29, 2008, granting the 
joint motion to terminate the proceeding. No petitions for review were 
filed and the Commission has determined not to review the subject ID. 
The consolidated enforcement and advisory opinion proceeding is 
terminated.
    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: January 21, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E9-1702 Filed 1-26-09; 8:45 am]
BILLING CODE 7020-02-P