[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Notices]
[Pages 34231-34232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13269]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-434]


Notice of Investigation

    In the Matter of: Certain Magnetic Resonance Injection Systems 
and Components Thereof.

AGENCY: 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 April 25, 2000, and supplemented 
on May 10, 2000 and May 17, 2000, under section 337 of the Tariff Act 
of 1930, as amended, 19 U.S.C. 1337, on behalf of Medrad, Inc., One 
Medrad Drive, Indianola, Pennsylvania 15051-0780. The complaint 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 magnetic resonance injection systems, components 
thereof, and molds therefor by reason of infringement of claims 8-9, 
22, 25-28, 30-31, and 33-39 of U.S. Letters Patent Re. 36,648. The 
complaint further alleges that there exists an industry in the United 
States as required by subsection (a)(2) of section 337.
    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, 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.

FOR FURTHER INFORMATION CONTACT: Jeffrey R. Whieldon, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2580. General information concerning the Commission 
may also be obtained by accessing its internet server (http://www.usitc.gov).


    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in Sec. 210.10 of the Commission's rules of practice and 
procedure, 19 CFR 210.10 (1999).


SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. 
International Trade Commission, on May 19, 2000, 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 magnetic 
resonance injection systems and components thereof by reason of 
infringement of claims 8-9, 22, 25-28, 30-31, or 33-39 of U.S. Letters 
Patent Re. 36,648, 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: Medrad, Inc., One Medrad Drive, Indianola, 
Pennsylvania 15051-0780.
    (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:

Nemoto Kyorindo Co., Ltd., 3-26-4 Hongo Bunkyou-ku, Tokyo, Japan.
Liebel-Flarsheim Co., 2111 E. Galbraith Road, Cincinnati, OH 45215-6305
Mallinckrodt Inc., (New York corporation), 675 McDonnell Boulevard, 
Hazelwood, MO 63042.

[[Page 34232]]

Mallinckrodt Inc., (Delaware corporation), 675 McDonnell Boulevard, 
Hazelwood, MO 63042.

    (c) Jeffrey R. Whieldon, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-H, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern 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 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.

    Issued: May 22, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-13269 Filed 5-25-00; 8:45 am]
BILLING CODE 7020-02-P