[Federal Register Volume 67, Number 60 (Thursday, March 28, 2002)]
[Notices]
[Page 14975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7403]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-457]


In the Matter of Certain Polyethylene Terephthalate Yarn and 
Products Containing Same; Notice of Commission Determination To Review 
in Part an Order Granting-in-Part and Denying-in-Part a Motion for 
Summary Determination of Invalidity and Non-Infringement of the Only 
Patent at Issue in the Investigation; Determination To Grant Two 
Motions To Strike Exhibits

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part an order (Order No. 61) 
issued on February 4, 2002, by the presiding administrative law judge 
(ALJ) in the above-captioned investigation granting-in-part and 
denying-in-part a motion for summary determination of invalidity and 
non-infringement of the only patent at issue in the investigation. The 
Commission has determined to review only the issue of indefiniteness 
under 35 U.S.C. 112, second paragraph. The Commission has also 
determined to grant two motions to strike certain exhibits attached to 
pleadings filed in connection with Order No. 61.

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. Copies of the public 
version of Order No. 61 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. Hearing-
impaired persons are advised that information on this matter can be 
obtained by contacting the Commission's TTD terminal on 202-205-1810. 
The public record for this investigation may be viewed on the 
Commission's electronic docket (EDIS-ON-LINE) at http://dockets.usitc.gov/ eol/public. General information concerning the 
Commission may also be obtained by accessing its Internet server, 
http://www.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission instituted this patent-based 
investigation, which concerns allegations of unfair acts in violation 
of section 337 of the Tariff Act of 1930 in the importation and sale of 
certain polyethylene terephthalate yarn and products containing same, 
on May 17, 2001. 66 FR 27586. The complainant, Honeywell International 
Inc. of Morris town, New Jersey named Hyosung Corp. of Seoul, Korea as 
the only respondent. On September 21, 2001, the Commission determined 
not to review an ID adding Hyosung America, Inc., a wholly-owned U.S. 
subsidiary of Hyosung Corp., as a respondent.
    On December 13, 2001, respondent Hyosung moved for summary 
determination of patent invalidity and non-infringement. The motion was 
opposed by Honeywell and supported by the Commission investigative 
attorney. On February 4, 2002, the ALJ issued an order, Order No. 61, 
which granted Hyosung's motion for summary determination of non-
infringement, but denied the motion as to patent invalidity. Honeywell 
filed a petition for review of the initial determination portion of the 
order on February 19, 2002. Hyosung and the Commission investigative 
attorney (IA) filed appeals of the portion of the order denying summary 
determination on the same date. Each of these parties filed responses 
to the February 19, 2002, filings on February 26, 2002.
    Although the Commission has determined to review the issue of 
definiteness under 35 U.S.C. 112, second paragraph, it does not wish to 
receive any further written submissions.
    On February 25, 2002, Hyosung moved to strike certain documents 
that were attached to Honeywell's response to the appeals of the order 
on the ground that the documents were not before the ALJ when he 
decided the motion for summary determination. On March 1, 2002, 
Honeywell opposed the motion. On February 28, 2002, Hyosung moved to 
strike a document that was attached to Honeywell's response to 
Hyosung's and the IA's petitions for review on the ground that the 
document was not of record. This motion was opposed by Honeywell on 
March 7, 2002. Both motions to strike were supported by the IA on March 
7, 2002.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 190, as amended, 19 U.S.C. 1337, and 
in sections 210.24 and 210.42(h) of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.24, 210.42(h).

    By order of the Commission.

    Issued: March 21, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-7403 Filed 3-27-02; 8:45 am]
BILLING CODE 7020-02-P