[Federal Register Volume 71, Number 39 (Tuesday, February 28, 2006)]
[Notices]
[Pages 10065-10066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2797]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-548]


In the Matter of Certain Tissue Converting Machinery, Including 
Rewinders, Tail Sealers, Trim Removers, and Components Thereof; Notice 
of Commission Decision Not To Review an Initial Determination Granting 
Complainants' Motion To Amend 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'') 
granting complainants'' motion to amend the complaint and notice of 
investigation in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Jonathan Engler, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. 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 investigation was instituted by the 
Commission based on a complaint filed by Fabrio Perini North America 
Inc. (``Perini-NA'') of Green Bay, Wisconsin. 70 FR 46884 (August 11, 
2005). The complaint alleged violations section 337 of the Tariff Act 
of 1930, 19 U.S.C. 1337, in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain tissue converting machinery, including 
rewinders, tail sealers, trim removers, and components thereof by 
reason of infringement of claims 1, 3, 6, 7, 8, 13, 14, and 15 of U.S. 
Patent No. 5,979,818, claims 1-5 of U.S. Patent No. Re. 35,729, and 
Claim 5 of U.S. Patent No. 5,475,917. The complaint and notice of 
investigation named Chan Li Machinery, Co., Ltd. (``Chan Li'') of 
Taipei Hsien, Taiwan as the respondent.
    On November 15, 2005, Perini-NA filed a ``Motion to File a First 
Amended Complaint'' to add an additional patent to this investigation, 
i.e. United States Patent No. 6,948,677 (the ``677 patent''), which 
issued on September 27, 2005. On December 5, 2005, the ALJ denied this 
motion, finding that Perini-NA had failed to provide a sufficient basis 
to allege that machines practicing the `677 patent had been imported or 
sold since issuance of the patent, or would be imported or sold in the 
future.
    On January 4, 2006, Perini-NA filed its ``Renewed Motion to Amend 
the Complaint and Notice of Investigation'', based on additional 
discovery. On January 17, 2006, Chan Li filed its

[[Page 10066]]

opposition to the renewed motion to amend, arguing that the present 
procedural schedule would not permit it to prepare a proper defense 
with respect to the new `677 patent. On January 17, 2006, the 
Commission Investigative Staff filed a response in support of Perini-
NA's motion to amend. Chan Li filed a motion for leave to reply to the 
Staff on January 18, 2006, in which it argued for a postponement of the 
current deadlines.
    On January 20, 2006, the ALJ issued an ID (Order No. 10) granting 
Perini-NA's motion to amend the complaint and notice of investigation. 
The ALJ found good cause to add claims 7, 12, 15, and 16 of the `677 
patent to this investigation. He also found that there is no evidence 
that an inordinate extension of the procedural schedule or target date 
would be required by the addition of the `677 patent to this 
investigation. The Commission has determined not to review this ID.

    Issued: February 22, 2006.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-2797 Filed 2-27-06; 8:45 am]
BILLING CODE 7020-02-P