[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Notices]
[Pages 11692-11693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4570]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-460]


Certain Sortation Systems, Parts Thereof, and Products Containing 
Same; Notice of Commission Determination To Rescind a Limited Exclusion 
Order

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to rescind the limited exclusion order in the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Rodney Maze, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential 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: This patent-based section 337 investigation 
was instituted by the Commission based on a complaint filed by Rapistan 
Systems Advertising Corp. and Siemens Dematic Corp., both of Grand 
Rapids, Michigan. 66 FR 38741 (July 25, 2001). The complaint named 
Vanderlande Industries Nederland BV of the Netherlands, and Vanderlande 
Industries of Atlanta, Georgia (collectively ``Vanderlande'') as 
respondents.
    Complainants alleged that Vanderlande had violated section 337 by 
importing into the United States, selling for importation, and selling 
within the United States after importation certain sortation systems, 
or components thereof, covered by independent claims 1, 13, 23, 30, and 
42 and dependent claims 2-4, 8, 9, 17, 18, 20, 22, 24, 27, 29, 33, 35-
37, 39, 43, 45-47, and 49 of U.S. Patent No. 5,127, 510 (``the '510 
patent''), owned by Rapistan Systems and exclusively licensed to 
Siemens Dematic. On April 5, 2002, complainants filed an unopposed 
motion asking for the termination of the investigation with respect to 
claims 2, 3, 8, 9, 18, 24, 36, 37, 29, 46, 47, and 49. On May 16, 2002, 
the presiding administrative law judge (ALJ) granted the motion in an 
ID (Order No. 32) and the Commission determined not to review the ID. 
The claims of the '510 patent at issue were therefore claims 1, 4, 13, 
17, 20, 22, 23, 27, 29, 30, 33, 35, 42, 43, and 45. The complaint 
further alleged that an industry in the United States exists, as 
required by subsection (a)(2) of section 337.
    On October 22, 2002, the ALJ issued his final initial determination 
(ID) on violation and his recommended determination on remedy. The ALJ 
found a violation of section 337 by reason of infringement of claims 1 
and 4 of the '510 patent. He also found that the '510 patent is not 
invalid or unenforceable. With respect to remedy, the ALJ recommended 
issuance of a limited exclusion order barring importation of the 
respondents' accused Mark 2 Posisorter sortation system and its parts 
and components. On November 4, 2002, Vanderlande and the Commission 
investigative attorney (IA) petitioned for review of portions of the 
ALJ's final ID. Rapistan submitted a contingent petition for review 
asking that the Commission review certain issues if it decided to 
review the ID. All parties filed responses to the petitions on November 
12, 2002.
    On December 10, 2002, the Commission determined to review the ID 
and requested submissions regarding the issues under review as well as

[[Page 11693]]

remedy, the public interest and bonding. On January 27, 2003, the 
Commission issued a notice indicating that it had determined that there 
is a violation of section 337 of the Tariff Act of 1930, as amended, 
and had issued a limited exclusion order prohibiting the importation of 
the infringing sortation systems, parts and components thereof, 
manufactured abroad by Vanderlande. The Federal Circuit affirmed the 
Commission's determination on May 3, 2004. See Vanderlande Indus. v. 
Int'l Trade Comm'n, 366 F.3d 1311 (Fed. Cir. 2004).
    On February 2, 2005, Vanderlande and complainants filed a joint 
petition to rescind the remedial order under Commission Rule 
210.76(a)(1) on the basis of a settlement agreement between the 
parties. The parties asserted that their settlement agreement 
constituted ``changed conditions of fact or law'' sufficient to justify 
rescission of the order under Commission Rule 210.76(a)(1), 19 CFR 
210.76(a)(1). The IA filed a response in support of the motion on 
February 14, 2005.
    Having reviewed the parties' submissions, the Commission has 
determined that the settlement agreement satisfies the requirement of 
Commission Rule 210.76(a)(1), 19 CFR 210.76(a)(1), that there be 
changed conditions of fact or law. The Commission therefore has issued 
an order rescinding the limited exclusion order previously issued in 
this investigation.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and Sec.  210.76(a)(1) of the 
Commission's Rules of Practice and Procedure (19 CFR 210.76(a)(1)).

    Issued: March 3, 2005.

    By order of the Commission.

Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-4570 Filed 3-8-05; 8:45 am]
BILLING CODE 7020-02-P