[Federal Register Volume 68, Number 195 (Wednesday, October 8, 2003)]
[Notices]
[Page 58140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25455]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-495]


In the Matter of Certain Breath Test Systems for the Detection of 
Gastrointestinal Disorders and Components Thereof; Notice of Commission 
Decision Not To Review an Initial Determination Terminating the 
Investigation on the Basis of a Consent Order; Issuance of Consent 
Order

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 the presiding administrative 
law judge's (``ALJ's'') initial determination (``ID'') (Order No. 4) 
terminating the above-captioned investigation on the basis of a consent 
order.

FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone: (202) 205-3090. Copies of the 
ALJ's 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. General information 
concerning the Commission may also be obtained by accessing its 
Internet server (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. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on July 30, 2003, based on a complaint filed by Meretek Diagnostics, 
Inc. of Lafayette, Colorado, and Medquest PTY, Ltd. of Perth, 
Australia. 68 FR 44812 (July 30, 2003). The complaint, as supplemented, 
alleged violations of section 337 of the Tariff Act of 1930 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 and notice of investigation named 
Oridion Systems, Ltd.; Oridion Medical 1987 Ltd.; Oridion BreathID 
Ltd.; and Oridion BreathID Inc. as respondents.
    On September 2, 2003, complainants and respondents filed a joint 
motion pursuant to Commission rule 210.21(c) to terminate the 
investigation as to all respondents on the basis of a consent order. 
The motion included a consent order stipulation and a proposed consent 
order. The Commission investigative attorney supported the motion. On 
September 12, 2003, the ALJ issued the subject ID terminating the 
investigation in its entirety on the basis of a consent order. No 
petitions for review of the ID were filed.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

    By order of the Commission.

    Issued: October 1, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-25455 Filed 10-7-03; 8:45 am]
BILLING CODE 7020-02-P