[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Notices]
[Pages 36225-36226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12880]


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UNITED STATES INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-457]


Certain Polyethylene Terephthalate Yarn and Products Containing 
Same; Notice of Commission Determination to Reverse the Decision of the 
Presiding Administrative Law Judge on the Issue of Indefiniteness; 
Termination of the Investigation With a Finding of No Violation

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 reverse the decision of the presiding 
administrative law judge (ALJ) contained in ALJ Order No. 61, which 
issued on February 4, 2002, that the patent claims at issue of were not 
shown to be invalid as indefinite under 35 U.S.C. 112, second 
paragraph, by clear and convincing evidence. The Commission has 
previously determined not to review an initial determination (ID), 
contained in Order No. 61, that found that the patent claims at issue 
were not infringed. 67 FR 14975 (March 26, 2002). The investigation has 
been terminated with a finding of no violation of section 337 of the 
Tariff Act of 1930.

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: On May 17, 2001, 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 that allegedly infringed certain claims of 
U.S. Letters Patent 5,630,976 (``the ``976 patent''). 66 FR 27586. The 
complainant in this investigation is Honeywell International Inc. of 
Morristown, New Jersey. The respondents are Hyosung Corp. of Seoul, 
Korea and Hyosung America, Inc., a wholly-owned U.S. subsidiary of 
Hyosung Corp. (collectively, Hyosung).
    On December 13, 2001, respondent Hyosung moved for summary 
determination of patent invalidity and

[[Page 36226]]

non-infringement. The motion was opposed by Honeywell and supported by 
the Commission investigative attorney (IA). On February 4, 2002, the 
ALJ issued Order No. 61, a portion of which was an ID granting 
Hyosung's motion for summary determination of no infringement, and a 
portion of which was an order denying Hyosung's motion as to patent 
invalidity. The ALJ found that respondents had failed to prove by clear 
and convincing evidence that the claims at issue of the ``976 patent 
were invalid due to indefiniteness, lack of enablement, or failure to 
provide an adequate written description. Respondents filed a petition 
for review of the ID on February 19, 2002. Complainant and the IA filed 
appeals of the order denying summary determination on the same date.
    On March 21, 2002, the Commission determined to review only the 
ALJ's decision on the issue of indefiniteness under 35 U.S.C. 112, 
second paragraph. The issues not under review became the Commission's 
final determination under Commission rule 210.42(h)(2).
    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 210.45 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.24, 210.45.

    By order of the Commission.

    Issued: May 17, 2002.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-12880 Filed 5-22-02; 8:45 am]
BILLING CODE 7020-02-P