[Federal Register Volume 72, Number 157 (Wednesday, August 15, 2007)]
[Notices]
[Pages 45826-45827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15977]


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INTERNATIONAL TRADE COMMISSION


Notice of Commission Determination To Institute Advisory Opinion 
Proceedings; in the Matter of Certain Laser Bar Code Scanners and Scan 
Engines, Components Thereof, and Products Containing Same; 
Investigation No. 337-TA-551

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 institute an advisory opinion proceeding 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. 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 October 
26, 2005, based on a complaint filed by Symbol Technologies Inc. 
(``Symbol'') of Holtsville, New York. 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 laser bar code scanners or scan engines, components thereof, or 
products containing the same, by reason of infringement of various 
claims of United States Patent Nos. 5,457,308 (``the `308 patent''); 
5,545,889 (``the `889 patent''); 6,220,514 (``the `514 patent''); 
5,262,627 (``the `627 patent''); and 5,917,173 (``the `173 patent''). 
The complaint named two respondents: Metro Technologies Co., Ltd. of 
Suzhou, China, and Metrologic Instruments, Inc. of Blackwood, New 
Jersey (collectively, ``Metrologic'').
    On January 29, 2007, the ALJ issued an initial determination 
(``ID'') finding a violation of section 337 in the importation of 
certain laser bar code scanners and scan engines, components thereof, 
and products containing the same, in connection with certain asserted 
claims. The ID also issued monetary sanctions against Respondents for 
discovery abuses. Complainant, Respondents, and the Commission 
investigative attorney (``IA'') each filed petitions for review of the 
ID on February 8, 2007. They each filed responses to each other's 
petitions on February 16, 2007.
    The Commission determined to review the following issues: (1) The 
construction of the limitation ``single, unitary, flexural component'' 
in the `173 patent, and related issues of infringement, domestic 
industry, and validity; (2) the construction of the limitation 
``oscillatory support means'' in the `627 patent, and related issues of 
infringement, domestic industry, and validity; (3) the construction of 
claims in the `889 patent containing ``central area'' limitations, and 
related issues of infringement, domestic industry, and validity; (4) 
the construction of the ``scan fragment'' limitation in the asserted 
claims of the `308 patent; and (5) the construction of the term 
``plurality'' in the asserted claims of the `308 patent.
    On May 30, 2007, the Commission determined to make the following 
modifications to the claim constructions set forth in the final ID: (1) 
In the `173 patent, the ``single, unitary, flexural component'' must 
include ``portions integral with each other;'' (2) in the `627 patent, 
the ``oscillatory support means'' must oscillate; (3) the limitations 
in the `889 patent containing requirements that the folding mirror be 
``near'' or ``adjacent'' the central area of the collecting mirror 
allow for the folding mirror to be positioned close to, and either in 
front of or behind, the central area of the collecting mirror, but do 
not allow it to be mounted to the collecting mirror outside of the 
central area; (4) ``scan fragment,'' as used in the `308 patent, means 
``a scan that reads less than all of a bar code symbol and that would 
have been discarded before the advent of scan-stitching techniques;'' 
and (5) the term ``plurality'' in the `308 patent means ``two or 
more.''
    These changes did not affect the ALJ's findings on validity, 
infringement, or domestic industry. The Commission therefore affirmed 
those findings, as well as his finding of a violation of section 337 by 
Metrologic with regard to claim 48 of the `627 patent and claims 17 and 
18 of the `173 patent. Consistent

[[Page 45827]]

with its determination of violation, the Commission issued a Limited 
Exclusion Order and Cease and Desist Order related to claim 48 of the 
`627 patent and claims 17 and 18 of the `173 patent.
    On June 18, 2007, Metrologic filed a request for an advisory 
opinion under Commission Rule 210.79 (19 CFR 210.79) that would declare 
that its new scan module does not infringe claim 17 or 18 of the `173 
patent and claim 48 of the `627 patent, and therefore is not covered by 
the Commission's Limited Exclusion Order or Cease and Desist Order 
issued on May 30, 2007. Metrologic further requested that the 
Commission conduct all proceedings related to the advisory opinion in 
an expedited manner and on summary determination based upon the 
evidence presented in its request without formal hearing or discovery.
    The Commission has examined Metrologic's request for an advisory 
opinion and has determined that it complies with the requirements for 
institution of an advisory opinion proceeding under Commission Rule 
210.79(a). Accordingly, the Commission has determined to institute an 
advisory opinion proceeding. The Commission directs Symbol and the IA 
to state their views regarding whether they oppose Metrologic's request 
for an advisory opinion that the new scan module is not covered by the 
Limited Exclusion Order or Cease and Desist Order, and if so, whether 
they believe the matter should be referred to the ALJ.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.79(a) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.79(a)).

    Issued: August 10, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-15977 Filed 8-14-07; 8:45 am]
BILLING CODE 7020-02-P