[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Notices]
[Pages 13567-13568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4954]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-636]


In the Matter of Certain Laser Imageable Lithographic Printing 
Plates; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 11, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Presstek, Inc. of Hudson, New Hampshire. Letters supplementing the 
complaint were filed on February 14 and 28, 2008. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain laser imageable lithographic printing 
plates that infringe certain claims of U.S. Patent Nos. 5,339,737 and 
5,487,338 and U.S. Trademark Registration No. 1,711,005. The complaint 
further alleges that an industry in the United States exists as 
required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint and supplemental letters, except for any 
confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone 202-205-2000. 
Hearing impaired individuals are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 
202-205-1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server at 
http://

[[Page 13568]]

www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2575.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2007).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 6, 2008, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(B) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain laser imageable lithographic printing plates that infringe one 
or more of claims 1, 10, and 27 of U.S. Patent No. 5,339,737 and claims 
20, 21, and 23 of U.S. Patent No. 5,487,338, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (b) Whether there is a violation of subsection (a)(1)(C) of section 
337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain laser imageable lithographic printing plates by reason of 
infringement of U.S. Trademark Registration No. 1,711,005, and whether 
an industry in the United States exists as required by subsection 
(a)(2) of Section 337; and
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is--

Presstek, Inc., 55 Executive Drive, Hudson, New Hampshire 03051

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

VIM Technologies, Ltd., Kibbutz Hanita, 22885, Israel
Hanita Coatings RCA, Ltd., Kibbutz Hanita, 22885, Israel
Guaranteed Service & Supplies, Inc., 606 Schoenhaar Drive, West Bend, 
Wisconsin 53090
AteCe Canada, 3A Brussels Street, Suite 3A, Toronto, Ontario, Canada, 
M8Y 1H2
Ohio Graphco, Inc., 6563 Cochran Road, Solon, Ohio 44139
Recognition Systems, Inc., 30 Harbor Park Drive, Port Washington, New 
York 11050

    (c) The Commission investigative attorney, party to this 
investigation, is T. Spence Chubb, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Theodore R. 
Essex is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
cease and desist orders or both directed against the respondent.

    By order of the Commission.

    Issued: March 7, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-4954 Filed 3-12-08; 8:45 am]
BILLING CODE 7020-02-P