[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Notices]
[Pages 36355-36356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14462]



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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-545; Consolidated Enforcement and Advisory Opinion 
Proceedings]


In the Matter of Certain Laminated Floor Panels; Notice of 
Institution of Consolidated Formal Enforcement and Advisory Opinion 
Proceedings

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 instituted consolidated enforcement and advisory opinion 
proceedings relating to the general exclusion order issued at the 
conclusion of the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: James Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. Copies of all 
nonconfidential 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 the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the above-
identified investigation on August 3, 2005, based on a complaint filed 
by Unilin Beheer B.V. of the Netherlands, Flooring Industries Ltd. of 
Ireland, and Unilin Flooring N.C. L.L.C. of North Carolina. 70 FR 44694 
(August 3, 2005). The complaint, as amended, 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 laminated floor panels by reason of infringement of one or more 
of claims 1, 14, 17, 19-21, 37, 52, 65, and 66 of U.S. Patent No. 
6,006,486 (``the `486 patent''); claims 1, 2, 10, 13, 18, 19, 22-24, 
and 27 of U.S. Patent No. 6,490,836 (``the `836 patent''); claims 1-6 
of U.S. Patent No. 6,874,292 (``the `292 patent''); and claims 1, 5, 
13, 17, 27 and 28 of U.S. Patent No. 6,928,779 (``the `779 patent''). 
The investigation was subsequently terminated with respect to the `486 
patent.
    On July 3, 2006, the ALJ issued his final initial determination 
(``ID''), finding infringement of claims 10, 18, and 23 of the `836 
patent with respect to certain accused products. However, he found no 
infringement of claims 1 and 2 of the `836 patent or claims 3 and 4 of 
the `292 patent, except that he did find infringement of claim 1 of the 
`836 patent by several respondents who had previously been found in 
default. The ALJ further held claims 5 and 17 of the `779 patent 
invalid for lack of written description. However, the ALJ stated that 
if valid, those claims were infringed by some of respondents' products. 
The ALJ recommended a general exclusion order directed to infringing 
products and cease and desist orders against defaulting domestic 
respondents.
    The Commission received petitions for review from multiple parties. 
It determined to review several conclusions in the ID, and after 
further briefing reversed the ALJ on certain of the issues on review. 
The Commission found that certain accused products did in fact infringe 
claims 1 and 2 of the `836 patent and claims 3 and 4 of the `292 
patent, as construed. The Commission also held on review that there was 
no new matter in the `779 patent and thus claims 5 and 17 of the `779 
patent met the written description requirement. On January 5, 2007, the 
Commission determined that there was a violation of section 337 and 
issued a general exclusion order under 19 U.S.C. 1337(d)(2) with regard 
to products covered by claims 1, 2, 10, 18, or 23 of the `836 patent; 
claims 3 or 4 of the `292 patent; or claims 5 or 17 of the `779 patent. 
The Commission also issued cease and desist orders to certain domestic 
respondents. The United States Trade Representative did not disapprove 
the Commission's determination.
    Respondents Power Dekor Group Co., Ltd. (``Power Dekor''), Yingbin-
Nature (Guandong) Wood Indus. Co., Ltd., and Jiangsu Lodgi Wood Indus. 
Co., Ltd. appealed the Commission's final determination to the U.S. 
Court of Appeals for the Federal Circuit. Power Dekor has since 
withdrawn from this appeal. The appeal with respect to infringement is 
limited to claims 1 and 2 of the `836 patent and claims 3 and 4 of the 
`292 patent. The appellants also challenge the Commission's 
determination that claims 5 and 17 of the `779 patent satisfy the 
written description requirement. The Court has held oral argument but 
has not issued a decision.
    Unilin Beheer B.V. of the Netherlands, Flooring Industries Ltd. 
sarl of Luxembourg, and Unilin Flooring N.C. LLC of North Carolina 
(collectively, ``Unilin'') filed a complaint on March 24, 2008, and 
filed a corrected complaint on April 30, 2008, requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75 to investigate violations of the general exclusion order. 
The complaint named as respondent Uniboard Canada, Inc. (Quebec, 
Canada) (``Uniboard''). On April 15, 2008, Uniboard filed a request for 
an initial advisory opinion that its products would not violate the 
general exclusion order. Uniboard requested that the advisory opinion 
proceeding be consolidated with any enforcement proceeding concerning 
Uniboard.
    Having examined Unilin's complaint seeking a formal enforcement 
proceeding and having found that the complaint complies with the 
requirements for institution of formal enforcement proceedings in 
Commission rule 210.75, the Commission has determined to institute a 
formal enforcement proceeding to determine whether Uniboard is in 
violation of the Commission's general exclusion order in the above-
captioned investigation, and what, if any, enforcement measures are 
appropriate.
    The following entities were named as parties to the formal 
enforcement proceeding: (1) Complainants Unilin Beheer B.V., Flooring 
Industries Ltd. sarl, Unilin Flooring N.C. LLC, (2) respondent Uniboard 
Canada Inc., and (3) a Commission investigative attorney to be 
designated by the Director, Office of Unfair Import Investigations.
    Having examined Uniboard's request for an advisory opinion and 
having found that the request complies with the requirements for 
institution of an advisory opinion proceeding in Commission rule 
210.79, the Commission has determined to institute an advisory opinion 
proceeding to determine whether the floor panels sought to be imported 
by Uniboard are covered by the general exclusion order issued in the 
above-captioned investigation. The following were named as parties to 
the advisory opinion proceeding: Unilin Beheer B.V., Flooring 
Industries Ltd. sarl, Unilin Flooring N.C. LLC, Uniboard Canada Inc., 
and a Commission investigative attorney to be designated by the 
Director, Office of Unfair Import Investigations.
    The Commission has determined to consolidate the formal enforcement 
and

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advisory opinion proceedings and has certified the consolidated 
proceedings to administrative law judge Paul J. Luckern. The 
administrative law judge may conduct such proceedings as appropriate 
for the issuance of an enforcement initial determination and an initial 
advisory opinion.
    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 sections 210.75 and 210.79 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.75, 210.79).

    By order of the Commission.

    Issued: June 20, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-14462 Filed 6-25-08; 8:45 am]
BILLING CODE 7020-02-P