[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Notices]
[Pages 6789-6790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1795]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-530]


In the Matter of Certain Electric Robots and Component Parts 
Thereof; Notice of Commission Determination Not To Review a Final 
Initial Determination Finding No Violation of Section 337; Termination 
of the 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 the final initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') on 
December 19, 2005, finding no violation of section 337 of the Tariff 
Act of 1930, 19 U.S.C. 1337, in the above-captioned investigation. 
Accordingly, the Commission has terminated the investigation with a 
finding of no violation of section 337.

FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3152. 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. Hearing-impaired persons are advised 
that information on this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810. 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.

SUPPLEMENTARY INFORMATION: This investigation was instituted by the 
Commission based on a complaint filed by FANUC Robotics America, Inc. 
(``FANUC'') of Rochester Hills, Michigan. 70 FR 2881 (January 18, 
2005). The complainant alleged violations of section 337 of the Tariff 
Act of 1930, 19 U.S.C. 1337 (``section 337'') in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain electric robots and 
component parts thereof by reason of infringement of claims 1-24 of 
U.S. Patent No. 6,477,913 (``the `913 patent''). The complaint and 
notice of investigation named Behr Systems, Inc. of Auburn Hills, 
Michigan, D[uuml]rr AG of Stuttgart, Germany (collectively 
``D[uuml]rr''), Motoman, Inc. of West Carrollton, Ohio, and Yaskawa 
Electric Corporation of Kitakyushu, Fukuoka, Japan (``Yaskawa'') as 
respondents.
    On April 26, 2005, the ALJ issued an ID, Order No. 6, which 
terminated the investigation as to claims 3, 5, and 16 of the `913 
patent against respondents D[uuml]rr and Behr and terminated the 
investigation as to claim 6 of the `913 patent against all respondents. 
On May 15, 2005, the Commission determined not to review Order No. 6.
    On May 2, 2005, the ALJ issued an ID, Order No. 7, which granted 
complainant's motion to amend the complaint to add D[uuml]rr Systems, 
Inc., D[uuml]rr Systems GmbH, and D[uuml]rr Special Material Handling 
GmbH as respondents and clarified complainant's claims of contributory 
and induced infringement. On May 20, 2005, the Commission determined 
not to review Order No. 7.
    On May 31, 2005, the ALJ issued an ID, Order No. 9, which 
terminated the

[[Page 6790]]

investigation as to claims 1-5, 7-9, and 15-17 of the `913 patent 
against respondents Motoman and Yaskawa, claims 1-2, 4, 7-9, 15, and 17 
against respondents Behr and D[uuml]rr, and claims 1-9 and 15-17 
against newly added respondents D[uuml]rr Systems, Inc., D[uuml]rr 
Systems GmbH, and D[uuml]rr Special Material Handling GmbH. On June 16, 
2005, the Commission determined not to review Order No. 9.
    On August 23, 2005, the ALJ issued an ID, Order No. 15, which 
granted complainant's motion for summary determination regarding the 
economic prong of the domestic industry requirement of section 337. On 
September 12, the Commission determined not to review Order No. 15.
    An evidentiary hearing was held from September 16-23, 2005.
    The claims remaining at issue are claims 10-14 and 18-24 of the 
`913 patent, which claims are asserted against all respondents.
    On December 19, 2005, the ALJ issued his final ID and recommended 
determinations on remedy and bonding. The ALJ found no violation of 
section 337 based on his findings that respondents' accused products do 
not infringe any of the asserted claims of the `913 patent; that the 
asserted claims of the `913 patent are not invalid; that the `913 
patent is enforceable; and that a domestic industry exists.
    On December 28, 2005, the Commission investigative attorney 
(``IA''), filed a request for a two-day extension of time to file his 
response to the petitions for review, and that request was granted by 
the Chairman.
    On December 30, 2005, complainant FANUC filed a petition for review 
of the final ID, and a separate conditional petition for review of the 
ID. Additionally, on the same date, respondents Yaskawa, D[uuml]rr, and 
the IA filed petitions for review of the ID. On January 9, 2006, 
Yaskawa and D[uuml]rr filed responses to complainant FANUC's petitions 
for review, and complainant FANUC filed a response to Yaskawa, 
D[uuml]rr, and the IA's petitions for review. On January 11, 2006, the 
IA filed a response to complainant FANUC's petition for review.
    On January 17, 2006, Yaskawa filed a motion to strike untimely and 
previously stricken arguments in the response brief of complainant 
FANUC regarding motor purge tests conducted by Yaskawa. The IA concurs 
with this motion. On January 27, 2006, FANUC filed a response to 
Yaskawa's motion to strike. Having considered the motion to strike and 
the response thereto, the Commission has determined to grant Yaskawa's 
motion.
    Having reviewed the record in this investigation, including the 
parties' written submissions, the Commission has determined not to 
review the ALJ's final ID, thereby allowing it to become the 
Commission's final determination. The Commission has terminated the 
investigation with a finding of no violation.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.42 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.42.

    Issued: February 3, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary of the Commission.
[FR Doc. E6-1795 Filed 2-8-06; 8:45 am]
BILLING CODE 7020-02-P