[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Notices]
[Pages 25776-25777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8621]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-561]


In the Matter of Certain Combination Motor and Transmission 
Systems and Devices Used Therein, and Products Containing the Same; 
Notice of Commission Decision to Review in Part and on Review to Modify 
a Final Initial Determination Finding No Violation of Section 337

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 determined to review in part the presiding 
administrative law judge's (``ALJ'') initial determination

[[Page 25777]]

(``ID'') finding no violation of Section 337 of the Tariff Act of 1930 
(19 U.S.C. **1337) with regard to the above-captioned investigation. On 
review, the Commission has determined to take no position on the ALJ's 
findings concerning the economic prong of the domestic industry 
requirement. Accordingly, the Commission has terminated the 
investigation with a finding of no violation of Section 337.

FOR FURTHER INFORMATION CONTACT: Christal A. Sheppard, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2301. 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 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. 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 on 
February 7, 2006, based on a complaint filed by Solomon Technologies, 
Inc., of Tarpon Springs, Florida (``Solomon''). The complaint, as 
amended, alleged violations of Section 337 of the Tariff Act of 1930 
(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 combination motor and transmission systems and 
devices used therein, and products containing same by reason of 
infringement of claims 1-5, 7, 8, 10, and 12 of United States Patent 
No. 5,067,932 (``the '932 patent''). 71 FR 7574. Only claim 7 of the 
'932 patent was asserted against the respondents at the hearing. 
However, Solomon relied upon claim 1 of the patent-in-suit to meet the 
technical prong of the domestic industry requirement. The amended 
complaint named Toyota Motor Corporation of Japan; Toyota Motor 
Engineering & Manufacturing North America, Inc. of Erlanger, Kentucky; 
Toyota Motor Manufacturing Kentucky, Inc. of Georgetown, Kentucky; and 
Toyota Motor Sales, U.S.A., Inc., of Torrance, California as 
respondents.
    On February 13, 2007, the ALJ issued an ID finding no violation of 
Section 337 with regard to respondents' products because he found claim 
7 to be invalid and not infringed. Moreover, he found no domestic 
industry involving the asserted patent. Complainants and the Office of 
Unfair Import Investigations (``OUII'') each filed petitions for review 
on February 26, 2007. Respondents filed a joint reply on March 5, 2007. 
Also on March 5, 2007, OUII filed a response to Solomon's petition for 
review and Solomon filed a response to OUII's petition for review.
    Having considered the petitions for review, the oppositions 
thereto, and the relevant portions of the record, the Commission has 
determined to review the ID in part. On review, the Commission has 
determined to take no position on the ALJ's findings concerning the 
economic prong of the domestic industry requirement. The remainder of 
the ID has become the Commission's final determination. See 19 CFR 
210.42(h).
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and sections 210.42(c) 
and (h) of the Commission's Rules of Practice and Procedure, 19 CFR 
210.42(c) and (h).

    Issued: April 30, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-8621 Filed 5-4-07; 8:45 am]
BILLING CODE 7020-02-P