[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Notices]
[Pages 69227-69228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23761]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-600 ]


In the Matter of Certain Rechargeable Lithium-Ion Batteries, 
Components Thereof, and Products Containing Same; Notice of Commission 
Decision Not To Review an Initial Determination Terminating From the 
Investigation the Last Remaining Respondents Hitachi Koki USA and CDW 
Corp.; 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 determined not to review an initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') (Order No. 
19) in the above-captioned investigation terminating this 
investigation, as to the last remaining respondents, Hitachi Koki USA 
(``Hitachi'') and CDW Corp. (``CDW'').

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 April 
27, 2007, based on a complaint filed by 3M Company and 3M Innovative 
Properties Company of St. Paul, Minnesota (collectively ``3M''). 72 FR 
21,050 (April 27, 2006). The complaint, as amended and supplemented, 
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 the 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 (``the `828 patent'') and claims 10, 15, 16, and 
22 of U.S. Patent No. 7,078,128 (``the `128 patent''). The amended 
complaint also alleges that a domestic industry exists with regard to 
the `828 and `128 patents under 19 U.S.C. 1337 subsections (a)(2) and 
(a)(3). The amended complaint names Sony Corporation and Sony 
Electronics, Inc. (collectively, ``Sony''); Lenovo Group Ltd. (Hong 
Kong) and Lenovo Inc. (USA) (collectively, ``Lenovo''); CDW; Batteries 
Com, LLC (``Batteries Com''); Hitachi; Matsushita Industrial Electric 
Co., Ltd. (``Matsushita''); Panasonic Corporation of North America 
(``Panasonic''); Total Micro Technologies Inc. (``Total Micro''); and 
Sanyo Electric Co., Ltd. (``Sanyo'') as the proposed respondents. The 
amended complaint requests that the Commission institute an 
investigation pursuant to section 337 and, after the investigation, 
issue a permanent exclusion order and cease and desist orders. 
Subsequently, respondents Sony, Lenovo, Batteries Com, Matsushita, 
Panasonic, Total Micro, and Sanyo were terminated from the 
investigation. None of those determinations were reviewed by the 
Commission.
    On November 9, 2007, the ALJ issued the subject ID terminating this 
investigation as to Hitachi and CDW pursuant to Commission rule 210.21 
on the basis of settlement agreements with the suppliers of the 
batteries at issue. No petitions for review of the ID were filed. The 
Commission has determined not to review the ID.
    3M filed a supplement to its motion pursuant to Commission rule 
210.16 that it does not seek a general exclusion order. 3M also filed a 
declaration stating

[[Page 69228]]

that it does not seek entry of a limited exclusion order against the 
lone defaulting respondent, Total Micro. The investigation is therefore 
terminated.
    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 210.21, 210.41, and 210.42 of the Commission's Rules of 
Practice and Procedure (19 CFR 210.21, 210.41, 210.42).

    By order of the Commission.

    Issued: December 3, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-23761 Filed 12-6-07; 8:45 am]
BILLING CODE 7020-02-P