[Federal Register Volume 62, Number 109 (Friday, June 6, 1997)]
[Notices]
[Pages 31154-31155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14837]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-376]


Certain Variable Speed Wind Turbines and Components Thereof; 
Notice of Reopening of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that, in response to an order issued by 
the U.S.

[[Page 31155]]

Court of Appeals for the Federal Circuit (``the Federal Circuit'') on 
April 24, 1997, the U.S. International Trade Commission has reopened 
the above-captioned investigation for further proceedings in accordance 
with the Federal Circuit's instructions.

FOR FURTHER INFORMATION CONTACT: Mark D. Kelly, Esq., Office of the 
General Counsel, U.S. International Trade Commission, telephone 202-
205-3106.

SUPPLEMENTARY INFORMATION: The Commission conducted this patent-based 
section 337 investigation in 1995 and 1996 based on a complaint filed 
by Kenetech Windpower, Inc., of Livermore, CA (``Kenetech'') to 
determine whether there was a violation of section 337 in the 
importation, sale for importation, and/or the sale within the United 
States after importation of certain variable speed wind turbines and 
components thereof, by reason of infringement of claim 131 of U.S. 
Letters Patent 5,083,039 (``the `039 patent'') and claim 51 of U.S. 
Letters Patent 5,225,712 (``the `712 patent''), both patents owned by 
complainant. Enercon GmbH of Aurich, Germany (``Enercon'') and The New 
World Power Corporation of Lime Rock, Connecticut were named as 
respondents. The Commission found a violation of section 337 (with 
regard to the `039 patent only) and, in August of 1996, issued a 
limited exclusion order excluding the subject wind turbines and 
components thereof. In order to inform itself regarding the continued 
presence of a domestic industry, the Commission required complainant 
Kenetech, which had filed for protection under Chapter 11 bankruptcy, 
to file quarterly reports detailing its domestic industry activities.
    Respondent Enercon appealed the Commission's determination to the 
U.S. Court of Appeals for the Federal Circuit. After the appeal had 
been filed, Kenetech sold the `039 patent to Zond Energy Systems, 
Incorporated (``Zond''). Zond moved to intervene in the appeal. Enercon 
opposed, arguing that Zond had not shown that it qualifies as a 
domestic industry and that it thus lacked standing to appear. On April 
24, 1997, the Federal Circuit remanded the case to the Commission to 
determine in the first instance (1) ``whether Zond should be 
substituted for Kenetech;'' and (2) ``whether Zond qualifies as a 
domestic industry.'' The Commission has determined to reinstate the 
protective order issued in this investigation and to request comments 
from the parties' counsel on the remand questions in view of the 
unredacted quarterly reports submitted to the Commission by Kenetech.

    By order of the Commission.

    Issued: June 2, 1997.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-14837 Filed 6-5-97; 8:45 am]
BILLING CODE 7020-02-P