[Federal Register Volume 73, Number 31 (Thursday, February 14, 2008)]
[Notices]
[Pages 8711-8712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2716]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-589]


In the Matter of: Certain Switches and Products Containing Same; 
Notice of Commission Determination of No Violation of Section 337; 
Termination of the 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 that there is no violation of 19 U.S.C. 1337 
by respondents Belkin International, Inc., Belkin, Inc., and Emine 
Technology Co., Ltd. in the above-referenced investigation.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 
December 7, 2006, based on a complaint filed by ATEN International Co., 
Ltd. of Taipei, Taiwan, and ATEN Technology, Inc. of Irvine, California 
(collectively, ``ATEN''). The complaint 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 switches and products 
containing the same by reason of infringement of various claims of 
United States Patent No. 7,035,112. The complaint named six 
respondents: Belkin International, Inc., Belkin, Inc. (collectively, 
``Belkin''), Emine Technology Co., Ltd. (``Emine''), RATOC Systems, 
Inc., RATOC Systems International, Inc. (collectively, ``RATOC''), and 
JustCom Tech, Inc. (``JustCom''). The Commission has terminated the 
investigation with respect to RATOC and JustCom based on settlement 
agreements, including a consent order.
    On November 7, 2007, the ALJ issued his final initial determination 
(``ID''), and on November 21, 2007, he issued his recommended 
determination on remedy and bonding. In his ID, the ALJ found that 
Belkin's and Emine's accused products do not infringe asserted claims 1 
and 12-21. In addition, the ALJ found that the claims are not invalid 
for anticipation or obviousness. The ALJ also found that the claims are 
not invalid for lack of written description support and that the patent 
is not unenforceable for inequitable conduct. Further, the ALJ found 
that there was no domestic industry based on the asserted patent. ATEN, 
Belkin, Emine, and the Commission investigative attorney each filed 
petitions for review of the ALJ's ID and responses to the petitions. 
The Commission determined to review a portion of the ALJ's ID and 
requested briefing from the parties on the issues under review and on 
remedy, the public interest, and bonding.
    Having examined the record of this investigation, including the 
ALJ's final ID, the written submissions on review, and the responses 
thereto, the Commission has determined (1) to modify the ALJ's claim 
construction of the term ``body;'' (2) to adopt the ALJ's claim 
construction of the terms ``fixedly attached'' and ``integrated into;'' 
(3) to determine that Belkin's and Emine's products do not infringe the 
asserted claims under the adopted claim construction; and (4) to 
determine that, alternatively, if a broad claim construction were 
adopted for the term ``body,'' the claims would be invalid for 
anticipation or obviousness in light of the asserted prior art.
    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 210.45 of the Commission's

[[Page 8712]]

Rules of Practice and Procedure (19 CFR 210.45).

    Issued: February 8, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-2716 Filed 2-13-08; 8:45 am]
BILLING CODE 7020-02-P