[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Notices]
[Pages 28386-28387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7444]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-569]


In the Matter of Certain Endoscopic Probes for Use in Argon 
Plasma Coagulation Systems; 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 April 10, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
ERBE Elektromedizin GmbH of Germany and ERBE USA, Inc. of Marietta, 
Georgia. A supplement to the complaint was filed on May 2, 2006. 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 endoscopic 
probes for use in argon plasma coagulation systems by reason of 
infringement of claims 1, 3, 4, 11, 13, 35, 37, 38, 39, and 41 of U.S. 
Patent No.

[[Page 28387]]

5,720,745 and of infringement of U.S. Supplemental Trademark 
Registration No. 2,637,630. The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established, as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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: Karin J. Norton, Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2606.

    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 May 10, 2006, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 endoscopic probes for use in argon plasma coagulation systems 
by reason of infringement of claims 1, 3, 4, 11, 13, 35, 37, 38, 39, or 
41 of U.S. Patent No. 5,720,745, and whether an industry in the United 
States exists or is in the process of being established, as required by 
subsection (a)(2) of section 337; and
    (b) Whether there is a violation of subsection (a)(1)(C) 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 endoscopic probes for use in argon plasma coagulation systems 
by reason of infringement of U.S. Supplemental Trademark Registration 
No. 2,637,630, and whether an industry in the United States exists or 
is in the process of being established 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--
    ERBE Elektromedizin GmbH, Waldh[ouml]rnlestrabe 17, 72072 
T[uuml]bingen, Germany
    ERBE USA, Inc., 2225 Northwest Parkway, Marietta, Georgia 30067.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
    Canady Technology, LLC, 144 Research Drive, Hampton, VA 23666.
    Canady Technology Germany GmbH, Kanalstra[beta]e 66-74, 12357 
Berlin, Germany.
    KLS Martin GmbH & Co. KG, Am Gansacker 1 B, 79224 Umkirch, Germany.
    (c) The Commission investigative attorney, party to this 
investigation, is Karin J. Norton, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436.
    (3) For the investigation so instituted, the Honorable Sidney 
Harris 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 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 responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation 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 
respondents, to find the facts to be as alleged in the complaint and 
this notice and to enter an initial determination and a final 
determination containing such findings, and may result in the issuance 
of a limited exclusion order or cease and desist order or both directed 
against the respondent.

    By order of the Commission.

    Issued: May 11, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-7444 Filed 5-15-06; 8:45 am]
BILLING CODE 7020-02-P