[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Notices]
[Pages 44812-44813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19304]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-495]


Certain Breath Test Systems for the Detection of Gastrointestinal 
Disorders and Components Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

[[Page 44813]]


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 June 24, 2003, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Meretek Diagnostics, Inc. of Lafayette, Colorado, and Medquest PTY, 
Ltd. of Perth, Australia. Supplements to the complaint were filed on 
July 11, 2003, and July 18, 2003. The complaint, as supplemented, 
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 breath test systems for the detection of 
gastrointestinal disorders and components thereof by reason of 
infringement of claims 1, 2, 3, and 5 of U.S. Patent No. 4,830,010. 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, after the investigation, issue a permanent exclusion 
order and permanent cease and desist orders.

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 ADD 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) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2576.
    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 (2003).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 22, 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 breath test 
systems for the detection of gastrointestinal disorders or components 
thereof by reason of infringement of claims 1, 2, 3, or 5 of U.S. 
Patent No. 4,830,010 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 complainants are--

Meretek Diagnostics, Inc., 2655 Crescent Dr., Ste. C, Lafayette, CO 
80026.
Medquest PTY, Ltd., 59 Ellesmere St., Mount Hawthorn, Perth, Western 
Australia.

    (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:

Oridion Systems, Ltd., 7 HaMarpe St., Har Hotzvim Science Based 
Industrial Park, POB 45025, 91450 Jerusalem, Israel.
Oridion Medical 1987 Ltd., 7 HaMarpe St., Har Hotzvim Science Based 
Industrial Park, POB 45025, 91450 Jerusalem, Israel.
Oridion BreathID Ltd., 7 HaMarpe St., Har Hotzvim Science Based 
Industrial Park, POB 45025, 91450 Jerusalem, Israel.
Oridion BreathID Inc., 21 Highland Circle, Needham, MA 02494.

    (c) David O. Lloyd, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401, 
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 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 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.

    Issued: July 24, 2003.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-19304 Filed 7-29-03; 8:45 am]
BILLING CODE 7020-02-P