[Federal Register Volume 72, Number 248 (Friday, December 28, 2007)]
[Notices]
[Pages 73882-73883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-25235]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-590]


In the Matter of Certain Coupler Devices for Power Supply 
Facilities, Components Thereof, and Products Containing Same; Notice of 
Commission Issuance of a Limited Exclusion Order Against the Infringing 
Products of Eight Respondents Found in Default And Issuance of Cease 
and Desist Orders Against the Five Domestic Defaulters; 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 issued a limited exclusion order against eight 
respondents found in default and cease and desist orders against the 
five domestic defaulters, and has terminated the above-captioned 
investigation under section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 (``section 337'').

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 
(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 patent-based section 337 investigation 
was instituted by the Commission based on a complaint filed by Topower 
Computer Industrial Co., Ltd. (``Topower'') of Xindian City, Taiwan. 72 
FR 2554 (January 19, 2007). Topower alleged 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 
coupler devices for power supply facilities, components thereof, and 
products containing same by reason of the infringement of one or more 
of claims 1-14 of U.S. Patent No. 6,935,902. The complaint named thirty 
respondents located in China, Germany, Taiwan, and the United States 
(California, North Carolina, and Minnesota). Topower originally 
requested a general exclusion order. The investigation was assigned to 
Administrative Law Judge (ALJ) Robert L. Barton, Jr., and subsequently 
reassigned to Judge Charles E. Bullock. Twenty-two respondents have 
been terminated from this investigation based on either a settlement 
agreement, consent order, or withdrawal of allegations.
    On August 6, 2007, Topower filed a motion for an order directing 
respondents Aspire/Apevia International, Ltd. (``Aspire''), Xion/
Axpertec, Inc. (``Xion''), JPAC Computer, Inc. (``JPAC''), Sunbeam Co. 
(``Sunbeam''), Super Flower Computer, Inc. (``Super Flower''), Taiwan 
Youngyear Electronics Co., Ltd. (``Taiwan Youngyear''), Sun Pro 
Electronics Co., Ltd. (``Sun Pro''), and Leadman Electronics Co., Ltd. 
(``Leadman'') to show cause why they should not be found in default for 
failure to respond to the Complaint and Notice of Investigation and 
advised that it was no longer seeking a general exclusion order. On 
August 30, 2007, the ALJ issued an order to show cause by September 14, 
2007, why the respondents should not be found in default pursuant to 
Commission Rule 210.16. Order No. 37. On September 25, 2007, the ALJ 
issued an initial determination finding the eight respondents in 
default. Order No. 39. The Commission published notice in the Federal 
Register of its decision not to review this determination, and 
requested briefing from interested parties on remedy, the public 
interest, and bonding. 72 FR 58883 (October 17, 2007).
    The Commission investigative attorney (IA) submitted briefing on 
November 8, 2007. The IA proposed a limited exclusion order and cease 
and desist orders directed to infringing coupler devices, components 
thereof, and products containing same of the defaulted respondents. The 
IA recommended allowing entry under bond of 100 percent of entered 
value during the period of Presidential review. Topower agreed with the 
recommendations of the IA.
    The Commission found that each of the statutory requirements of 
section 337(g)(1)(A)-(E), 19 U.S.C. 1337(g)(1)(A)-(E), has been met 
with respect to the defaulting respondents. Accordingly, pursuant to 
section 337(g)(1), 19 U.S.C. 1337(g)(1), and Commission rule 210.16(c), 
19 CFR 210.16(c), the Commission presumed the facts alleged in the 
complaint to be true.
    The Commission determined that the appropriate form of relief in 
this investigation includes a limited exclusion order prohibiting the 
unlicensed entry of certain coupler devices for power supply 
facilities, components thereof, and products containing same by reason 
of infringement of one or more of claims 1-14 of U.S. Patent No. 
6,935,902. The order covers certain coupler devices for power supply 
facilities, components thereof, and products containing same that are 
manufactured abroad by or on behalf of, or imported by or on behalf of 
respondents Aspire, Xion, JPAC, Sunbeam, Super Flower, Taiwan 
Youngyear, Sun Pro, and Leadman, or any of their affiliated companies, 
parents, subsidiaries, or other related business entities, or their 
successors or assigns. The Commission also determined to issue cease 
and desist orders prohibiting domestic respondents Aspire, Xion, JPAC, 
Sunbeam, and Leadman from importing, selling, marketing, advertising, 
distributing, offering for sale, transferring (except for exportation), 
and soliciting U.S. agents or distributors for certain coupler devices 
for power supply facilities, components thereof, and products 
containing same covered by the above-mentioned claims of U.S. Patent 
No. 6,935,902. The Commission further determined that the public 
interest factors enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), 
do not preclude issuance of the limited exclusion order and cease and 
desist orders. Finally, the Commission determined that the bond under 
the limited exclusion order during the Presidential review period

[[Page 73883]]

shall be in the amount of 100 percent of the entered value of the 
imported articles. The Commission's orders were delivered to the 
President and the United States Trade Representative on the day of 
their issuance.
    The Commission has therefore terminated this investigation. 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 
sections 210.16(c) and 210.41 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.16(c) and 210.41).

    Issued: December 20, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-25235 Filed 12-27-07; 8:45 am]
BILLING CODE 7020-02-P