[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Notices]
[Pages 10016-10017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5001]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-419]


Certain Excimer Laser Systems for Vision Correction Surgery and 
Components Thereof and Methods for Performing Such Surgery; 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 with the 
U.S. International Trade Commission on January 22, 1999, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
VISX, Incorporated, 3400 Central Expressway, Santa Clara, California 
95051. A supplement to the complaint was filed on February 9, 1999. The 
complaint, as supplemented, alleges 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 excimer 
laser systems for vision correction surgery and components thereof by 
reason of infringement of claims 26 and 27 of U.S. Letters Patent 
4,718,418, claim 30 of U.S. Letters Patent 4,732,148, and claims 1, 7, 
10, and 12 of U.S. Letters Patent 5,711,762. The complaint further 
alleges that there exists an industry in the United States as required 
by subsection (a)(2) of section 337.

[[Page 10017]]

    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 and supplement, except for any confidential 
information contained therein, are 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, Room 
112, Washington, DC 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. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may be 
obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Thomas L. Jarvis, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2568.

    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 CFR 210.10 (1998).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on February 22, 1999, 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 excimer 
laser systems for vision correction surgery or components thereof by 
reason of infringement of claims 26 or 27 of U.S. Letters Patent 
4,718,418, claim 30 of U.S. Letters Patent 4,732,148, or claims 1, 7, 
10, or 12 of U.S. Letters Patent 5,711,762, 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: VISX, Incorporated, 3400 Central 
Expressway, Santa Clara, California 95051.
    (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:

Nidek Co., Ltd., 34-14 Maehama, Hiroishi-cho, Gamagori, Aichi 443-0038, 
Japan.
Nidek Incorporated, 47651 Westinghouse Drive, Fremont, California 
94539.
Nidek Technologies Inc., 675 South Arroyo Parkway, Suite 330, Pasadena, 
California 91105.

    (c) Thomas L. Jarvis, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW, Room 401-J, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Debra 
Morriss 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 section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a) of the Commission's Rules, 
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.

    By order of the Commission.

    Issued: February 23, 1999.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-5001 Filed 2-26-99; 8:45 am]
BILLING CODE 7020-02-P