[Federal Register Volume 70, Number 231 (Friday, December 2, 2005)]
[Notices]
[Pages 72314-72315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6780]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-555]
In the Matter of Certain Devices for Determining Organ Positions
and Certain Subassemblies Thereof; 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 September 28, 2005 under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
SAS PRAXIM of La Tronche, France and Varian Medical Systems, Inc. of
Palo Alto, California. A supplement to the complaint was filed on
October 19, 2005. On October 25, 2005, the Commission granted
complainants' request for a postponement of the Commission's
determination whether to institute an investigation in order for
complainant to provide further supplementation. An additional
supplement was filed on November 9, 2005. 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 devices for determining
organ positions and certain subassemblies thereof by reason of
infringement of claims 1, 2, 5, and 10 of U.S. Patent No. 5,447,154.
The complaint further alleges that an industry in the United States
exists as required by subsection (a)(2) of section 337.
The complainants request 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 supplements, 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: Jay H. Reiziss, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2579.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in Sec. 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 November 23, 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,
[[Page 72315]]
or the sale within the United States after importation of certain
devices for determining organ positions and certain subassemblies
thereof by reason of infringement of claims 1, 2, 5, or 10 of U.S.
Patent No. 5,447,154, 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 complainants are--
SAS PRAXIM, 4 Avenue de l'Obiou, Le Grand Sablon, 38700 La Tronche,
France.
Varian Medical Systems, Inc., 3100 Hansen Way, Palo Alto,
California 94304.
(b) The respondent is the following company alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
Resonant Medical, Inc., 2050 Bleury Street, Suite 200, Montreal,
Quebec, Canada H3A 2J5.
(c) Jay H. Reiziss, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Room 401-D,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Charles E.
Bullock is designated as the presiding administrative law judge.
A response to the complaint and the notice of investigation must be
submitted by the named respondent in accordance with Sec. 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 response 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 the 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: November 28, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E5-6780 Filed 12-1-05; 8:45 am]
BILLING CODE 7020-02-P