[Federal Register Volume 65, Number 49 (Monday, March 13, 2000)]
[Notices]
[Page 13308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6080]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-419]


In the Matter of Certain Excimer Laser Systems for Vision 
Correction Surgery and Components Thereof and Methods for Performing 
Such Surgery; Notice of Final Determination

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 found no violation of section 337 of the Tariff Act of 
1930, 19 U.S.C. 1337, in the above-referenced investigation.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3152. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (http://www.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: This investigation was instituted on March 
1, 1999, based on a complaint by VISX, Inc. (``VISX''), 64 FR 10016-17. 
The respondents named in the investigation are Nidek Co., Ltd., Nidek 
Inc., and Nidek Technologies, Inc (herein collectively ``Nidek''). 
Complainant alleges importation and sale of certain excimer laser 
systems for vision correction surgery that infringe claims of U.S. 
Letters Patents Nos. 4,718,418 (``the '418 patent'') and 5,711,762 
(``the '762 patent''). An evidentiary hearing was held from August 18, 
1999, to August 27, 1999.
    On December 6, 1999, the presiding administrative law judge 
(``ALJ'') issued her final initial determination (``ID'') finding that 
complainant VISX failed to establish the required domestic industry, 
that there was no infringement of any claim at issue, and that the `762 
patent was invalid and unenforceable.
    VISX, Nidek, and the Commission investigative attorneys filed 
petitions for review of the ID on December 17, 1999, and on December 
27, 1999, all parties responded to each other's petitions for review of 
the ID. On February 2, 2000, the Commission determined not to review 
the ID's findings with respect to the ``418 patent and determined to 
review all the ID's findings with respect to the `762 patent.
    Having examined the record in this investigation, including the 
briefs and the responses thereto, the Commission determined that there 
is no violation of section 337. More specifically, the Commission found 
no infringement of any claim at issue of the `762 patent and no 
domestic industry with respect to the `762 patent. The Commission 
determined to take no position on the issues of the validity and 
enforceability of the `762 patent.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and sections 210.45-210.51 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.45-210.51.
    Copies of the public versions of the Commission order and the 
Commission opinion in support thereof 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 S.W., Washington, D.C. 20436, telephone 202-205-2000.

    Issued: March 6, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-6080 Filed 3-10-00; 8:45 am]
BILLING CODE 7020-02-P