[Federal Register Volume 69, Number 34 (Friday, February 20, 2004)]
[Notices]
[Pages 7980-7981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3737]


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

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-497]


U.S. International Trade Commission; Notice of Commission 
Determinations

    In the Matter of: Certain Universal Transmitters for Garage Door 
Openers; (1) Not to Review One Initial Determination Terminating the 
Investigation as to the Patent Claims and (2) To Review and Affirm a 
Second Initial Determination Terminating the Investigation; Termination 
of the Investigation

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's initial determination (Order No. 13) terminating the 
investigation as to the patent claims therein. The Commission has also 
determined to

[[Page 7981]]

review and affirm the presiding administrative law judge's initial 
determination (Order No. 14) to terminate the investigation. The 
investigation is therefore terminated in its entirety.

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 
Commission's order, the public version of the administrative law 
judge's (ALJ's) initial determinations, 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 August 26, 2003, based on a complaint filed by The Chamberlain 
Group, Inc. (``Chamberlain'') of Elmhurst, Illinois. 68 FR 51301 
(August 26, 2003). The complaint, as supplemented, alleged violations 
of section 337 of the Tariff Act of 1930 in the importation into the 
United States, sale for importation, and sale within the United States 
after importation of certain universal transmitters for garage door 
openers by reason of infringement of claims 1-8 of U.S. Patent No. RE 
35,364 and claims 5-62 of U.S. Patent No. RE 37,986, and violation of 
section 1201(a)(2) of the Digital Millenium Copyright Act (``DMCA''), 
17 U.S.C. 1201(a)(2). The respondents named in the complaint and the 
Commission's notice of investigation are Skylink Technologies, Inc.; 
Capital Prospect, Ltd.; and Philip Tsui (collectively, 
``respondents'').
    At the same time that the Commission instituted the investigation, 
it provisionally accepted Chamberlain's motion for temporary relief 
which accompanied the complaint and was based on the allegation that 
there was reason to believe that respondents were in violation of 
section 337. Chamberlain's motion for temporary relief was based solely 
on respondents' alleged violation of section 1201(a)(2) of the DMCA.
    On November 4, 2004, the ALJ issued his initial determination on 
temporary relief, finding that (1) the Commission has subject matter 
jurisdiction over Chamberlain's DMCA claim, and (2) Chamberlain's 
allegation that respondents violate the DMCA had not been supported as 
a matter of law. He therefore concluded that there was no basis to 
issue temporary relief.
    On November 24, 2003, the Commission issued a notice and order 
affirming the ALJ's initial determination on temporary relief. 
Specifically, the Commission affirmed the ALJ's conclusion that the 
Commission possesses subject matter jurisdiction under section 337 over 
Chamberlain's allegation of violation of section 1201(a)(2) of the 
DMCA. The Commission also affirmed the ALJ's conclusion that 
Chamberlain's allegation that respondents violate section 1201(a)(2) of 
the DMCA is not supported, i.e., that there is no reason to believe a 
violation of section 337 exists with respect to Chamberlain's DMCA 
claim because it is unlikely that Chamberlain will succeed on the 
merits of that claim. In its November 24, 2003, order, the Commission 
noted that complainant and respondent Skylink are engaged in parallel 
litigation in the United States District Court for the Northern 
District of Illinois, The Chamberlain Group, Inc. v. Skylink 
Technologies, Inc., Civ. No. 02 C 6376. The Commission further noted 
that it had been advised by respondents and the Commission 
investigative attorney that the District Court had, on summary 
judgment, ruled adversely to Chamberlain on the identical DMCA claim it 
raises here, that respondents had stated that they expected that ruling 
to be entered as a final judgment shortly, and that when it is 
Chamberlain's DMCA claim here will be barred by res judicata. The 
Commission advised that, should the proceedings in the District Court 
give rise to res judicata, the parties should raise that issue with the 
Commission promptly. The District Court has entered its ruling as a 
judgment, which is currently the subject of an appeal to the U.S. Court 
of Appeals for the Federal Circuit.
    On December 16, 2003, Chamberlain moved to terminate the 
investigation in part based on the withdrawal of those portions of its 
complaint alleging infringement of U.S. Patent No. Re. 35,364 and U.S. 
Patent No. Re. 37,986. On January 14, 2004, the ALJ issued an initial 
determination (Order No. 13) granting Chamberlain's motion. No party 
petitioned for review of Order No. 13.
    On December 19, 2003, respondents moved to terminate this 
investigation pursuant to Commission rule 210.21 as to Chamberlain's 
claim of violation of the DMCA, or alternatively to grant summary 
determination in respondents' favor on Chamberlain's DMCA claim by 
reason of res judicata and collateral estoppel based on the District 
Court's judgment. Also on December 19, 2003, respondents moved to 
terminate the entire investigation pursuant to Commission rule 210.21 
on the basis of Chamberlain's stipulation and agreement that the 
investigation would be terminated if respondents prevailed on their 
then-pending motion for summary determination regarding Chamberlain's 
DMCA claim.
    On January 14, 2004, the ALJ issued an initial determination, Order 
No. 14, granting respondents' motions to terminate the investigation in 
its entirety based on res judicata and finding moot respondents' motion 
based on the Chamberlain stipulation and agreement. Chamberlain 
petitioned for review of Order No. 14. Respondents and the Commission 
investigative attorney filed oppositions to that petition.
    Having examined the relevant portions of the record in this 
investigation, including Orders Nos. 13 and 14, Chamberlain's petition 
for review of Order No. 14, and the oppositions of the respondents and 
the Commission investigative attorney to that petition, the Commission 
determined (1) to not review Order No. 13 and (2) to review Order No. 
14, and further determined that Chamberlain's DMCA claim is barred 
under the doctrine of claim preclusion as a result of the District 
Court judgment. The Commission's determinations disposed of all the 
unfair practices alleged in this investigation, resulting in the 
termination of the investigation.
    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 sections 210.43-210.45 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.43-210.45).

    By order of the Commission.

    Issued: February 17, 2004.
Marilyn R. Abbott,
Secretary.
[FR Doc. 04-3737 Filed 2-19-04; 8:45 am]
BILLING CODE 7020-02-P