[Federal Register Volume 66, Number 33 (Friday, February 16, 2001)]
[Notices]
[Page 10744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3892]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-434]


In the matter of Certain Magnetic Resonance Injection Systems and 
Components Thereof; Notice of a Decision Not To Review an Initial 
Determination Granting a Motion for Summary Determination of 
Invalidity; Termination of the Investigation With a Finding of No 
Violation; Denial as Moot of Complainant's Motion To Suspend 
Investigation and Related Motions Filed by Respondents

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 determined not to review an initial determination (ID) 
(Order No. 16) issued by the presiding administrative law judge (ALJ) 
in the above-captioned investigation finding the only patent at issue 
in the investigation to be invalid. The determination not to review the 
summary determination ID results in termination of the investigation 
with a finding of no violation of section 337. Complainant's motion to 
suspend the investigation and related motions by respondents are denied 
as moot.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3104. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (http://www.usitc.gov).

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on May 26, 2000, based on a complaint filed by Medrad, Inc. of 
Indianola, Pennsylvania. The complaint alleged a violation of section 
337 of the Tariff Act of 1930, 337 U.S.C. 1337, based on infringement 
of U.S. Letters Patent Re. 36,648, (the `648 patent) owned by 
complainant. The respondents named in the investigation are Nemoto 
Kyorindo Co., Ltd. of Tokyo, Japan; Liebel-Flarshiem Co. of Cincinnati, 
Ohio; and Mallinckrodt Inc. (New York Corp) and Mallinckrodt Inc. 
(Delaware Corp), both of Hazelwood, Missouri. 65 FR 34231.
    On September 26, 2000, the ALJ issued an ID finding the `648 patent 
invalid due to certain omissions that occurred during patent reissue 
proceedings at the U.S. Patent and Trademark Office. The ALJ suspended 
the investigation during the pendency of the ID before the Commission. 
Petitions for review of the ID were filed on October 6, 2000, by 
complainant and by the Commission investigative attorney. Responses 
were filed on October 19, 2000. On October 16, 2000, the Commission 
determined to extend the date for determining whether to review the ID 
until December 6, 2000. 65 FR 63096 (October 20, 2000). On November 17, 
2000, complainant Medrad filed a motion to suspend the investigation 
pending the outcome of a petition for reissue of the `648 patent that 
it had filed on November 16, 2000, with the U.S. Patent and Trademark 
Office. Respondents opposed the motion and the IA supported it. 
Respondents filed a motion to file a reply to the IA's response on 
December 4, 2000.
    On November 27, 2000, the Commission extended the date for 
determining whether to review the summary determination ID until 30 
days after it decides the motion to suspend the investigation. 65 FR 
75303 (December 1, 2000). On January 16, 2001, respondent Nemoto filed 
a motion to compel the Commission to remand complainant's motion for 
suspension of the investigation to the presiding ALJ for determination. 
On January 18, 2000, the remaining respondents joined Nemoto's motion.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and section 210. 42(h)(3) of the 
Commission of Practice and Procedure, 19 CFR 210.42(h)(3).
    Copies of the nonconfidential version of the ID and all other 
nonconfidential documents filed in connection with this investigation 
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 SW., Washington, DC 20436, 
telephone 202-205-2000. Copies of these documents may also be 
downloaded from the Commission's Internet server at http://www.usitc.gov. Hearing impaired persons are advised that information on 
this matter can be obtained by contacting the Commission TDD terminal 
on 202-205-1810.

    By order of the Commission.
    Issued: February 12, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-3892 Filed 2-15-01; 8:45 am]
BILLING CODE 7020-02-P