[Federal Register Volume 62, Number 38 (Wednesday, February 26, 1997)]
[Notices]
[Pages 8774-8775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4729]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-393]


Certain Ion Trap Mass Spectrometers and Components Thereof; 
Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed on January 
24, 1997, under section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, on behalf of Finnigan Corporation, 355 River Oaks Parkway, 
San Jose, California 95134. A supplement to the complaint was filed on 
February 13, 1997. The Complaint, as supplemented, alleges a violation 
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 ion trap mass spectrometers and components thereof, by reason 
of infringement of claims 1-20 of U.S. Letters Patent 4,540,884, and 
claims 1 and 12-19 of U.S. Reissue Patent 34,000.
    The complainant requests that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, D.C. 20436, telephone 202-205-2000. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810.

FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2572.

AUTHORITY: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
C.F.R. 210.10.

SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.

[[Page 8775]]

International Trade Commission, on February 20, 1997, ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain ion trap 
mass spectrometers and components thereof by reason of infringement of 
one or more of claims 1-20 of U.S. Letters Patent 4,540,884, or one or 
more of claims 1, 12-19 of U.S. Reissue Patent 34,000; and whether 
there exists an industry in the United States as required by subsection 
(a)(2) of section 337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is--Finnigan Corporation, 355 River Oaks 
Parkway, San Jose, California 95134.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Bruker-Franzen Analytik GmbH, Fahrenheitstrasse 4, D-28359, Bremen 33, 
Germany
Bruker Instruments, Inc., Manning Park, Fortune Drive, Billerica, 
Massachusetts 01821
Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, California 
94304.

    (c) Juan Cockburn, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, S.W., Room 401-Q, 
Washington, D.C. 20436, shall be the Commission investigative attorney, 
party to this investigation; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with Sec. 210.13 of 
the Commission's Rules of Practice and Procedure, 19 C.F.R. 210.13. 
Pursuant to Secs. 201.16(d) and 210.13(a) of the Commission's Rules, 19 
C.F.R. 201.16(d) and 210.13(a), such responses will be considered by 
the Commission if received not later than 20 days after the date of 
service by the Commission of the complaint and the notice of 
investigation. Extensions of time for submitting responses to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: February 20, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-4729 Filed 2-25-97; 8:45 am]
BILLING CODE 7020-02-P