[Federal Register Volume 72, Number 81 (Friday, April 27, 2007)]
[Notices]
[Pages 21050-21051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8053]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-600]


 Certain Rechargeable Lithium-Ion Batteries, Components Thereof, 
and Products Containing Same; 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 7, 2007, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 3M 
Company and 3M Innovative Properties Company of St. Paul, Minnesota. A 
letter supplementing the complaint was filed on March 27, 2007. On 
April 11, 2007, the complainants filed an amended complaint. A letter 
supplementing the amended complaint was filed on April 17, 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 rechargeable lithium-ion 
batteries, components thereof, and products containing same by reason 
of infringement of U.S. Patent Nos. 6,964,828 and 7,078,128. The 
amended complaint further alleges that an industry in the United States 
exists as required by subsection (a)(2) of section 337.
    The complainants request 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 and supplement, except for any 
confidential information contained therein, are 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.

FOR FURTHER INFORMATION CONTACT: Rett Snotherly, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2599.
    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 the amended complaint, 
the

[[Page 21051]]

U.S. International Trade Commission, on April 20, 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 rechargeable 
lithium-ion batteries, components thereof, or products containing same 
by reason of infringement of one or more of claims 1, 2, 13, and 15-19 
of U.S. Patent No. 6,964,828 and claims 10, 15, 16, and 22 of U.S. 
Patent No. 7,078,128, 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 complainants are--

3M Company, 3M Center, St. Paul, Minnesota 55144.
3M Innovative Properties Company, 3M Center, St. Paul, Minnesota 55144.

    (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:

Sony Corporation, 7-35 Kitashinagawa, 6-Chome Shinagawa-KU, Tokyo 141 
Japan.
Sony Electronics, Inc., 16450 W. Bernardo Dr., San Diego, CA 92127.
Lenovo Group Limited (Hong Kong), 23rd Floor, Lincoln House, Taikoo 
Place, 979 King's Road, Quarry Bay, Hong Kong.
Lenovo (United States) Inc., 5241 Paramount Pkwy, Morrisville, NC 
27560.
CDW Corporation, 200 N. Milwaukee Ave., Vernon Hills, IL 60061.
Batteries Com, LLC, 6040 W. 79th Street, Indianapolis, IN 46278-1727.
Hitachi Koki USA, Ltd., 3950 Steve Reynolds Blvd., Norcross, GA 30093.
Matsushita Industrial Electric Co., Ltd. 1006, Kadoma, Kadoma, OSK 571-
0050 Japan.
Panasonic Corporation of North America, 1 Panasonic Way, Panazip 1F-6, 
Secaucus, NJ 07094.
Total Micro Technologies, Inc., 17791 Mitchell N, Irvine, CA 92614.
Sanyo Electric Co., Ltd, 5-5 Keihan-Hondori, 2-chome, Moriguchi, Osaka 
570-8677, Japan.
    (c) The Commission investigative attorney, party to this 
investigation, is Rett Snotherly, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Charles E. 
Bullock 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 amended 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 the respondent.

    By order of the Commission.

    Issued: April 20, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-8053 Filed 4-26-07; 8:45 am]
BILLING CODE 7020-02-P