[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Notices]
[Pages 16819-16820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6394]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-599]


In the Matter of Certain Lighting Control Devices Including 
Dimmer Switches and/or Switches and Parts Thereof; 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 March 2, 2007, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lutron Electronics Co., Inc. of Coopersburg, Pennsylvania. An amended 
complaint was filed on March 19, 2007. The amended complaint 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 lighting control devices including dimmer 
switches and/or switches and parts thereof by reason of infringement of 
certain claims of U.S. Patent Nos. 5,637,930, 5,248,919, 5,982,103, 
5,905,442, and 5,736,965. The amended complaint further alleges that an 
industry in the United States exists 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 permanent cease and desist orders.

ADDRESSES: The amended 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://www.usitc.gov/secretary/edis.htm

[[Page 16820]]


FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2781.
    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 (2006).
    Scope of Investigation: Having considered amended complaint, the 
U.S. International Trade Commission, on March 30, 2007, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine 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 lighting 
control devices including dimmer switches and/or switches and parts 
thereof by reason of infringement of one or more of claims 1, 36, 65, 
83, 85, 87, 89, 90, 94, 112, 114, 116, 118, 119, 123, 149, 178, 193, 
195, 197, 199, and 200 of U.S. Patent No. 5,637,930; claims 44, 47, and 
49 of U.S. Patent No. 5,248,919; claims 1-5, 8-10, 12, and 22 of U.S. 
Patent No. 5,982,103; claims 151, 152, and 155-157 of U.S. Patent No. 
5,905,442; and claims 1, 3, and 14 of U.S. Patent No. 5,736,965; and 
whether an industry in the United States exists 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 complainant is--Lutron Electronics Co., Inc., 7200 Suter 
Road, Coopersburg, Pennsylvania 18036.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Leviton Manufacturing Co., Inc., 59-25 Little Neck Parkway, Little 
Neck, New York 11362.
Control4, 11734 South Election Road, Salt Lake City, Utah 84020.

    (c) The Commission investigative attorney, party to this 
investigation, is Benjamin Levi, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-R, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Robert L. 
Barton, Jr. is designated as the presiding administrative law judge.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondents in accordance with section 
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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended 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 respondent, 
to find the facts to be as alleged in the amended 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 a 
respondent.

    Issued: March 30, 2007.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-6394 Filed 4-4-07; 8:45 am]
BILLING CODE 7020-02-P