[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Notices]
[Page 64369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25790]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-642]


In the Matter of Certain Catheters, Consoles and Other Apparatus 
for Cryosurgery and Components Thereof; Notice of Decision Not To 
Review an Initial Determination Granting a Joint Motion To Terminate 
the Investigation Based on a Settlement Agreement

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'') (Order No. 19) issued by the presiding administrative law 
judge (``ALJ'') terminating the investigation based on a settlement 
agreement.

FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3116. 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: On March 27, 2008, the Commission instituted 
this investigation based on the complaint, as supplemented, of CryoCor, 
Inc. of San Diego, California (``CryoCor'') and AMS Research 
Corporation of Minnetonka, Minnesota (``AMS''). The complaint alleges 
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 
catheters, consoles, and other apparatus for cryosurgery, and 
components thereof, that infringe certain claims of U.S. Patent Nos. 
6,471,694; 6,572,610; and RE 40,049. The respondent is CryoCath 
Technologies, Inc. of Quebec, Canada (``CryoCath''). 73 FR 17998 (Apr. 
2, 2008); 73 FR 18562 (Apr. 4, 2008).
    On September 25, 2008, complainants CryoCor and AMS and respondent 
CryoCath jointly moved to terminate the investigation based on a 
settlement agreement. On October 1, 2008, the Commission investigative 
attorney filed a response in support of the motion. On October 6, 2008, 
the ALJ determined to grant the motion based on his findings that the 
parties complied with the requirements of Commission rule 210.21(b) (19 
CFR 210.21(b)) and that termination of the investigation on the basis 
of the settlement would not be contrary to the public health and 
welfare, competitive conditions in the United States economy, the 
production of like or directly competitive articles in the United 
States, or United States consumers. No petitions for review of the 
subject ID were filed.
    The Commission has determined not to review this ID.
    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 
section 210.42 of the Commission's Rules of Practice and Procedure (19 
CFR 210.42).

    By order of the Commission.

    Issued: October 23, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-25790 Filed 10-28-08; 8:45 am]
BILLING CODE 7020-02-P