[Federal Register Volume 68, Number 8 (Monday, January 13, 2003)]
[Notices]
[Pages 1640-1641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-638]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-484]


In the Matter of Certain Machine Vision Systems, Parts and 
Components Thereof and Products Containing Same; Notice of 
Investigation

AGENCY: International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 12, 2002, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Cognex Corporation of Natick, Massachusetts. Letters supplementing the 
complaint were filed on December 20, 2002, December 23, 2002, and 
December 31, 2002. The complaint, as supplemented, alleges violations 
of section 337 in the importation into the United States and the sale 
within the United States after importation of certain machine vision 
systems, parts and components thereof and products containing same by 
reason of infringement of claims 1 and 10 of U.S. Patent No. 6,301,396, 
claim 1 of U.S. Patent No. 5,960,125, claim 1 of U.S. Patent No. 
5,978,521, or claim 1 of U.S. Patent No. 5,978,080. The complaint 
further alleges that an industry in the United States exists as 
required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, at the conclusion of the investigation, issue a 
permanent exclusion order and a permanent cease and desist order.

ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are 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. General information concerning the Commission may also be 
obtained by accessing its Internet server at http://www.usitc.gov.
    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.

FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2572.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's rules of practice and 
procedure, 19 CFR 210.10 (2002).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 7, 2003, 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 machine 
vision systems, parts or components thereof, or products containing 
same by reason of infringement of claims 1 or 10 of U.S. Patent No. 
6,301,396, claim 1 of U.S. Patent No. 5,960,125, claim 1 of U.S. Patent 
No. 5,978,521, or claim 1 of U.S. Patent No. 5,978,080, and whether an 
industry in the United States exists 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--Cognex 
Corporation, One Vision Drive, Natick, Massachusetts 01760.
    (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:

Nikon Corporation, Fuji Building, 2-3, Marunouchi 3-chome, Chiyoda-ku, 
Tokyo 100-831, Japan.
Nikon Precision, Inc., 1399 Shoreway Road, Belmont, CA 94002-4107.
Aval Data Corporation, 25-10, Asahi-Machi 1-chome, Machida City, Tokyo 
194-0023, Japan.

    (c) Juan Cockburn, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Suite 401, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Delbert R. 
Terrill, Jr. 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 section 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), such responses will be 
considered by the Commission if received no 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

[[Page 1641]]

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 to 
authorize the administrative law judge and the Commission, without 
further notice to that 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 that respondent.

    By order of the Commission.

    Issued: January 8, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-638 Filed 1-10-03; 8:45 am]
BILLING CODE 7020-02-P