[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Notices]
[Pages 3176-3177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1294]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-496]


Certain Home Vacuum Packaging Products; Notice of Commission 
Determination Denying a Motion for Temporary Relief

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 to adopt in part the initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') on 
December 16, 2003, thereby denying complainant's motion for temporary 
relief in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3152. Copies of the 
Commission order, the public version of the Commission opinion in 
support thereof, the public version of the 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. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. 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.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on August 18, 2003, based upon a complaint filed by Tilia, Inc. and 
Tilia International (collectively, ``Tilia''). 68 FR 49521-522. At the 
same time, the Commission provisionally accepted a motion for temporary 
relief filed by Tilia. In its complaint, Tilia alleges that the accused 
imported products infringe claims 3, 4, 6, 24-25, and 34 of U.S. Patent 
No. 4,941,310 (``the `310 patent''). The temporary relief motion was 
limited to claim 34 of the '310 patent. The notice of investigation 
named Applica, Inc.; Applica Consumer Products, Inc.; ZeroPack Co., 
Ltd.; The Holmes Group, Inc.; and The Rival Company as respondents.
    On August 18, 2003, the temporary relief proceedings were 
designated ``more complicated'' by the ALJ, thereby extending the 
statutory deadline for issuance by the Commission of a decision on the 
motion for temporary relief from 90 to 150 days from the date of 
institution, i.e., until January 15, 2004. On September 9, 2003, the 
ALJ held a hearing regarding the interpretation of claim 34 of the '310 
patent solely for the purposes of temporary relief. On September 17, 
2003, the ALJ issued Order No. 5 setting forth his construction of 
claim 34 for the purposes of temporary relief.
    The evidentiary hearing on temporary relief was conducted on 
September 30, October 1, and October 7, 2003. On December 16, 2003, the 
ALJ issued an ID denying complainant's motion for temporary relief. On 
December 29, 2003, all parties filed written comments concerning the 
ID. Responses to the comments were filed on December 31, 2003. 
Complainant Tilia also requested oral argument before the Commission on 
the temporary relief ID.
    Having examined the relevant record in this investigation, 
including Order No. 5, the ID, the written comments on Order No. 5 and 
the ID, and the replies thereto, the Commission determined to adopt the 
ID, except that it determined to set aside the ALJ's finding that the 
Taunton patent ``inherently'' discloses the trough means of claim 34 of 
the `310 patent, to set aside the ALJ's finding that there is a 
reasonable likelihood of

[[Page 3177]]

success on the merits that claim 34 of the `310 patent is invalid as 
obvious, and to vacate the ALJ's finding that the public interest does 
not favor the issuance of temporary relief to complainant Tilia. The 
Commission also determined to deny complainant Tilia's request for oral 
argument on the temporary relief ID.
    This action is taken under the authority of section 337(e) of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337(e)), and section 210.66 
of the Commission's Rules of Practice and Procedure, 19 CFR 210.66.

    By order of the Commission.

    Issued: January 15, 2004.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-1294 Filed 1-21-04; 8:45 am]
BILLING CODE 7020-02-P