[Federal Register Volume 69, Number 89 (Friday, May 7, 2004)]
[Notices]
[Pages 25609-25610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10410]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-507]


Certain Medical Devices Used to Compact Inner Bone Tissue and 
Products Containing Same; Notice of Investigation

AGENCY: International Trade Commission.

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 April 5, 2004, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Kyphon Inc. of Sunnyvale, California. A supplement to the complaint was 
filed on April 20, 2004. 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 medical devices used to compact inner bone 
tissue and products containing same by reason of infringement of claims 
1, 3, 7-9, 11, and 14 of U.S. Patent No. 4,969,888, claims 1, 3, 8-10, 
12, and 15 of U.S. Patent No. 5,108,404, claims 2, 17, 20, and 23-28 of 
U.S. Patent No. 6,235,043, and claims 3, 5, 6, 8, and 9 of U.S. Patent 
No. 6,248,110. 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 limited 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint and supplement, 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) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Anne Goalwin, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2574.

    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 April 30, 2004, 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 medical 
devices used to compact inner bone tissue or products containing same 
by reason of infringement of claims 1, 3, 7-9, 11, or 14 of U.S. Patent 
No. 4,969,888, claims 1, 3, 8-10, 12, or 15 of U.S. Patent No. 
5,108,404, claims 2, 17, 20, or 23-28 of U.S. Patent No. 6,235,043, or 
claims 3, 5, 6, 8, or 9 of U.S. Patent No. 6,248,110, 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

[[Page 25610]]

this notice of investigation shall be served:
    (a) The complainant is--

Kyphon Inc., 1221 Crossman Avenue, Sunnyvale, CA 94089.

    (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:

Disc-O-Tech Medical Technologies, Ltd., 3 Hasadnaot St., Herzliya 
46728, Israel;
Disc Orthopaedic Technologies Inc.,7 Centre Dr., Suite 1,Monroe 
Township, NJ 08831.

    (c) Anne Goalwin, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-P, 
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 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 this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the 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 
such respondent.

    Issued: May 2, 2004.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-10410 Filed 5-6-04; 8:45 am]
BILLING CODE 7020-02-P