[Federal Register Volume 71, Number 76 (Thursday, April 20, 2006)]
[Notices]
[Pages 20417-20418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5950]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-502]


In the Matter of Certain Automobile Tail Light Lenses and 
Products Incorporating Same; Notice of a Commission Determination Not 
To Review an Initial Determination Terminating the Investigation on the 
Basis of a Settlement Agreement

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'') of the presiding administrative law judge (``ALJ'') granting 
the joint motion of complainants and respondents to terminate the 
above-captioned investigation on the basis of a settlement agreement.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street, SW., Washington, DC 20436, telephone 202-205-3115. Copies of 
the public version of the ID and 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: The Commission instituted the above-
referenced investigation under section 337 of the Tariff Act of 1930, 
19 U.S.C. 1337, as amended, on January 7, 2004, based on a complaint 
filed by Jens E. Sorensen of Rancho Santa Fe, California and Jens E. 
Sorensen, as Trustee of the Sorensen Research and Development Trust. 69 
FR 937. The complaint alleged infringement of U.S. Patent No. 4,935,184 
(``the '184 patent''), in the importation, sale for importation, and 
sale within the United States after importation of automobile tail 
light covers made in accordance with claims

[[Page 20418]]

1, 6, 8, and 10 of the '184 patent. The Commission named Daimler-
Chrysler AG of Stuttgart, Baden-Wuerttemberg, Germany and Mercedes-Benz 
USA, LLC of Montvale, New Jersey as respondents.
    On July 9, 2004, the presiding ALJ issued an ID granting 
respondents' motion for summary determination that their accused 
processes for making automobile tail light covers did not infringe any 
of the asserted claims of the '184 patent. Having found that the 
accused products did not infringe, he terminated the investigation. The 
Commission determined not to review the ID, and it thus became the 
Commission's final determination.
    The complainants appealed the Commission's determination to the 
U.S. Court of Appeals for the Federal Circuit. The Court disagreed with 
the Commission's claim construction, reversed the Commission's finding 
of no infringement, and remanded the investigation to the Commission so 
that the investigation could continue. See Sorensen et al. v. 
International Trade Commission, 427 F.3d 1375 (Fed. Cir. 2005). On 
January 19, 2006, the Commission issued an order remanding the subject 
investigation to the ALJ for proceedings in accordance with the Federal 
Circuit's opinion.
    On March 2, 2006, the complainants and respondents filed a joint 
motion for termination of the investigation based upon a settlement 
agreement. On March 9, 2006, the Commission investigative attorney 
filed a response in support of the motion. No party opposed the motion.
    On March 29, 2006, the ALJ issued the subject ID which terminates 
the investigation on the basis of a settlement agreement. The ALJ 
indicates in the ID that the settlement agreement complies with 
Commission rule 210.21(b) and that settlement will not prejudice the 
public interest.
    No party petitioned for review of the ID pursuant to 19 CFR 
210.43(a), and the Commission found no basis for ordering a review on 
its own initiative pursuant to 19 CFR 210.44. The ID thus has become 
the determination of the Commission pursuant to 19 CFR 210.42(h)(3).
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rule 
210.42, 19 CFR 210.42.

    By order of the Commission.

    Issued: April 17, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-5950 Filed 4-19-06; 8:45 am]
BILLING CODE 7020-02-P