[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Pages 60422-60423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22693]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-517]


In the Matter of Certain Shirts with Pucker-Free Seams and 
Methods of Producing Same; Notice of Decision Not to Review an Initial 
Determination Amending the Complaint and Notice of Investigation

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 an initial determination (ID) 
issued by the presiding administrative law judge (ALJ) in the above-
captioned investigation amending the complaint and notice of 
investigation to correctly identify the asserted claims of the patents 
at issue and to add allegations concerning an additional related 
patent.

FOR FURTHER INFORMATION CONTACT: Andrea Casson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3104. Copies of all 
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 the matter can 
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on August 3, 2004, based on a complaint filed by TAL Apparel Limited, 
TALTECH Limited, and The Apparel Group Limited (collectively ``TAL.'') 
69 FR 47857 (August 6, 2004.) The complaint alleges violations of 
section 337 in the importation into the United States, sale for 
importation, and/or sale within the United States after importation of 
certain shirts with pucker-free seams that infringe claims 1, 4, 20 and 
22 of U.S. Patent No. 5,568,779 (the `779 patent); claims 1, 11, 19 and 
26 of U.S. Patent No. 5,590,615 (the `615 patent); claims 1, 3, 13 and 
16

[[Page 60423]]

of U.S. Patent No. 5,713,292 (the `292 patent); and claims 16, 19, 35 
and 38 of U.S. Patent No. 6,0079,343 (the `343 patent). The complaint 
names as respondents Esquel Apparel, Inc. and Esquel Enterprises 
Limited (collectively ``Esquel.'')
    On September 1, 2004, TAL filed a motion to amend the complaint and 
notice of institution to correct the list of asserted claims as 
follows: (1) For the `779 patent, claims 1, 4, 20 and 23 are being 
asserted, while claim 22 is not being asserted; (2) for the `615 
patent, claims 1, 11, 19 and 27 are being asserted, while claim 26 is 
not being asserted; (3) for the `292 patent, claims 1, 3, 13 and 15 are 
being asserted, while claim 16 is not being asserted; and (4) for the 
`343 patent, claims 16, 19, 35 and 37 are being asserted, while claim 
38 is not being asserted. TAL also moved to amend the complaint to 
assert claims 39, 41, 49 and 51 of an additional related patent, U.S. 
Patent No. 5,775,394 (the `394 patent.)
    The Commission investigative attorney supported the motion to amend 
the complaint in all respects. Esquel did not oppose the amendment of 
the complaint to clarify the asserted claims of the originally named 
patents, but it did oppose the amendment to add the allegations 
concerning the `394 patent, unless the target date for completion of 
the investigation were extended.
    On September 15, 2004, the presiding administrative law judge 
issued an ID (Order No. 4) granting TAL's motion to amend the 
complaint. He found that an extension of the target date is not 
warranted at this time. No petitions for review of the ID were filed.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Sec.  210.42(h) of the 
Commission Rules of Practice and Procedure, 19 CFR 210.42(h).

    By order of the Commission.

    Issued: October 4, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-22693 Filed 10-7-04; 8:45 am]
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