[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Notices]
[Pages 1241-1242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-190]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-545]


In the Matter of Certain Laminated Floor Panels; Notice of Final 
Determination; Issuance of General Exclusion Order and Cease and Desist 
Orders; Termination 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 found a violation of section 337 of the Tariff Act of 
1930 (19 U.S.C. 337) based on the infringement of nine asserted claims 
of three asserted patents and has issued a general exclusion order and 
cease and desist orders in the above-captioned investigation. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. 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. 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: The Commission instituted this investigation 
on July 29, 2005, based on a complaint filed by Unilin Beheer B.V., 
Flooring Industries Ltd., and Unilin Flooring N.C. LLC (collectively 
``Unilin''). 70 FR 44694 (August 3, 2005). The complaint (as amended) 
alleged violations of section 337 of the Tariff Act of 1930 (``section 
337'') in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain laminated floor panels by reason of infringement of one or more 
of claims 1, 14, 17, 19, 20, 21, 37, 52, 65, and 66 of U.S. Patent No. 
6,006,486 (``the `486 patent''), claims 1, 2, 10, 13, 18, 19, 22, 23, 
24, and 27 of U.S. Patent No. 6,490,836 (``the `836 patent''), claims 
1-6 of U.S. Patent No. 6,874,292 (``the `292 patent''), and claims 1, 
5, 13, 17, 27, and 28 of U.S. Patent No. 6,928,779 (``the `779 
patent''). The investigation was subsequently terminated with respect 
to the `486 patent. The Commission named as respondents 32 companies 
located in Canada, China, South Korea, Malaysia, and the United States. 
Id. Two respondents have been terminated from the investigation as a 
result of settlement agreements.
    On July 3, 2006, the ALJ issued his final initial determination 
(``ID''), including his recommended determination on remedy and 
bonding. The complainants, the Commission investigative attorney 
(``IA''), and several respondents petitioned for review of various 
portions of the final ID.
    On September 25, 2006, after considering the final ID, the written 
submissions and other relevant portions of the record, the Commission 
determined to review those portions of the ALJ's final ID concerning: 
(1) Construction of the ``elastically bendable portion'' limitation of 
claim 1 of the `836 patent and claim 4 of the `292 patent, (2) 
infringement of claims 1 and 2 of the '836 patent and claims 3 and 4 of 
the `292 patent; (3) infringement by the defaulting respondents; (4) 
invalidity of the asserted claims of the `779 patent; and (5) the 
validity of the asserted claims of the `836 and `292 patents to the 
extent implicated by the Commission's review described in item (1). The 
Commission received written submissions on the issues under review and 
on remedy, the public interest, and bonding.
    Having examined the record in this investigation, including the 
submissions on review and responses thereto, the Commission has 
determined that there is a violation of section 337 with respect to 
claims 1, 2, 10, 18, and 23 of the `836 patent, claims 3 and 4 of the 
`292 patent, and claims 5 and 17 of the `779 patent.
    The Commission has also made determinations on the issues of 
remedy, the public interest, and bonding. The Commission has determined 
that the appropriate form of relief is a general exclusion order 
prohibiting the unlicensed entry of laminated floor panels covered by 
claims 1, 2, 10, 18, and 23 of the `836 patent, claims 3 and 4 of the 
`292 patent, and claims 5 and 17 of the `779 patent. The Commission has 
also determined to issue cease and desist orders limited to claim 1 of 
the `836 patent and directed to defaulting domestic respondents Dalton 
Carpet Liquidators, Inc., Pacific Flooring

[[Page 1242]]

Manufacture, Inc., P.J. Flooring Distributor, R.A.H. Carpet Supplies, 
Inc., Salvage Building Material, Inc., Stalheim (USA), Inc., Universal 
Floor Covering, Inc., and Vegas Laminate Hardwood Floors LLC.
    The Commission has determined that the public interest factors 
enumerated in 19 U.S.C. 1337(d), (f), and (g) do not preclude issuance 
of the aforementioned remedial orders, and that the bond during the 
Presidential period of review shall be set at 100 percent of the 
entered value for any covered laminated floor panels.
    The authority for the Commission's determinations is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.45-210.51 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.45-210.51).

    By order of the Commission.

    Issued: January 5, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-190 Filed 1-9-07; 8:45 am]
BILLING CODE 7020-02-P