[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Notices]
[Pages 66973-66974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19489]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-562]


In the Matter of Certain Incremental Dental Positioning 
Adjustment Appliances and Methods of Producing Same; Notice of 
Commission Decision Not To Review the Administrative Law Judge's 
Initial Determination Granting a Joint Motion To Terminate the 
Investigation Based on a Consent Order

AGENCY: 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 initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') granting a 
joint motion to terminate the investigation based on a consent order.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, DC 20436, telephone (202) 205-3065. 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 Align Technology, Inc. of 
Santa

[[Page 66974]]

Clara, California. 71 FR 7995 (Feb. 15, 2006). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 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 incremental dental positioning adjustment appliances by reason 
of infringement of certain claims of U.S. Patent Nos. 6,685,469; 
6,450,807 (``the `807 patent''); 6,394,801; 6,398,548; 6,722,880; 
6,629,840; 6,699,037; 6,318,994; 6,729,876; 6,602,070; 6,471,511; and 
6,227,850. The complaint also alleged violation of section 337 by 
reason of misappropriation of trade secrets. The complaint and notice 
of investigation named OrthoClear, Inc., of San Francisco, California; 
OrthoClear Holdings, Inc., of Tortola, British Virgin Islands; and 
OrthoClear Pakistan Pvt, Ltd., of Lahore, Pakistan as respondents.
    On July 10, 2006, the ALJ issued an ID terminating the 
investigation with respect to the `807 patent. On July 20, 2006, the 
Commission determined not to review this ID.
    On October 13, 2006, complainant Align Technology, Inc. and 
respondents OrthoClear, Inc.; OrthoClear Holdings, Inc.; and OrthoClear 
Pakistan Pvt., Ltd. filed a joint motion to terminate the investigation 
based on a consent order. On October 25, 2006, the Commission 
investigative attorney filed a response in support of the motion. On 
October 27, 2006, the ALJ issued the subject ID (Order No. 32), 
granting the joint motion. No petitions for review have been filed. The 
Commission has determined not to review the subject ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and Commission Rules 210.21, 
210.42(h), 19 CFR 210.21, 210.42(h).

    Issued: November 13, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-19489 Filed 11-16-06; 8:45 am]
BILLING CODE 7020-02-P