[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Notices]
[Pages 35675-35676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14507]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-449]
In the Matter of Certain Abrasive Products Made Using a Process
for Powder Preforms, and Products Containing Same; Notice of Commission
Decision to Vacate Limited Exclusion Order and Cease and Desist 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 vacated the limited exclusion order and cease and desist
order issued at the conclusion of the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., Office
of the General Counsel, U.S. International Trade Commission, telephone
202-205-3041. General information concerning the Commission may also be
obtained by accessing its Internet server (http://www.usitc.gov).
Hearing-impaired persons are advised that information on the matter can
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.
Copies of the public 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.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on February 5, 2001, based upon a complaint filed on January 5, 2001,
by 3M Company of St. Paul, Minnesota and Ultimate Abrasive Systems, LLC
(``UAS'') of Atlanta, Georgia. 66 FR 9720 (Feb. 9, 2001). The complaint
named Kinik Company (``Kinik'') of Taipei, Taiwan and Kinik Corporation
of Anaheim, California as respondents. Kinik Corporation was
subsequently terminated from the investigation.
Complainants alleged that respondents had violated section 337 of
the Tariff Act of 1930 by importing into the United States, selling for
importation, and selling within the United States after importation
certain abrasive products that are made using a process for making
powder preforms that is covered by claims 1, 4, 5, and 8 of U.S. Patent
No. 5,620,489 (``the `489 patent''), owned by UAS and exclusively
licensed to 3M. The complaint further alleged that an industry in the
United States exists as required by subsection (a)(2) of section 337.
On February 8, 2002, the ALJ issued his final initial determination
(``ID''), in which he determined that Kinik's accused DiaGrid abrasive
products infringed claims 1, 4, 5, and 8 of the `489 patent and that
the `489 patent is valid and enforceable. Based upon these findings, he
found a violation of section 337.
On February 21, 2002, Kinik petitioned for review of the ALJ's
final ID. Kinik also appealed Order No. 40, issued by the ALJ on
October 12, 2001. That order precluded Kinik from asserting 35 U.S.C.
271(g) as a non-infringement defense. On February 28, 2002, 3M and the
Commission investigative attorney filed oppositions
[[Page 35676]]
to Kinik's petition for review and its appeal of Order No. 40.
On March 29, 2002, the Commission determined not to review the
ALJ's final ID, which therefore became the determination of the
Commission. The Commission also issued an opinion affirming the ALJ's
Order No. 40.
On August 16, 2002, Kinik appealed the Commission's determination
to the U.S. Court of Appeals for the Federal Circuit. 3M intervened in
the appeal and the parties filed briefs with the Court. The Federal
Circuit issued an opinion on March 25, 2004. The Court construed claim
1 more narrowly than had the Commission and reversed the Commission's
finding of infringement. 3M filed a petition for a panel rehearing and
hearing en banc with the Court on April 20, 2004. However, the Federal
Circuit denied the petitions and issued the mandate on May 20, 2004. As
the Federal Circuit has reversed the Commission's finding of
infringement with respect to Kinik's process, the Commission determined
that there was no longer a basis for the limited exclusion order or the
cease and desist order issued in this investigation, and therefore
vacated the orders.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337.
By order of the Commission.
Issued: June 21, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-14507 Filed 6-24-04; 8:45 am]
BILLING CODE 7020-02-P