[Federal Register Volume 70, Number 150 (Friday, August 5, 2005)]
[Notices]
[Pages 45422-45423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15492]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-546]


In the Matter of Certain Male Prophylactic Devices; Notice of 
Investigation

AGENCY: U.S. 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 July 5, 2005 under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Portfolio Technologies, Inc. of Chicago, Illinois. A letter, with 
attachments, amending and supplementing the complaint, was filed on 
July 27, 2005. The complaint, as amended and 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 male prophylactic devices by reason of 
infringement of claims 1-27, 31-33 and 36 of U.S. Patent No. 5,082,004. 
The complaint further alleges that an industry in the United States 
exists as required by subsection (a)(2) of section 337.

[[Page 45423]]

    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent limited 
exclusion order and a permanent cease and desist order.

ADDRESSES: The complaint, and the amendment 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: Rett Snotherly, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2599.

    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 (2005).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 29, 2005, 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 male 
prophylactic devices by reason of infringement of claims 1-27, 31-33, 
or 36 of U.S. Patent No. 5,082,004, 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 this notice of 
investigation shall be served:
    (a) The complainant is--

Portfolio Technologies, Inc., c/o John Rogers, 55 East Monroe Street, 
Suite 4200, Chicago, Illinois 60604.

    (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:

Church & Dwight Co., Inc., 469 North Harrison Street, Princeton, New 
Jersey 08543.
Reddy Medtech, Ltd., S-59, 20th Street, Anna Nagar West, Chennai 600 
040, Tamil Nadu, India.
Intellx, Inc., 5696 U.S 131 S., Petoskey, Michigan 49770.

    (c) Rett Snotherly, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Room 401-O, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Robert L. 
Barton, 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 a response 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.

    By order of the Commission.

    Issued: August 1, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-15492 Filed 8-4-05; 8:45 am]
BILLING CODE 7020-02-P