[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65880-65881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26316]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-652]


In the Matter of Certain Rubber Antidegradants, Antidegradant 
Intermediates and Products Containing the Same; Notice of Commission 
Determination Not To Review an Initial Determination of the 
Administrative Law Judge Granting Sinorgchem's Summary Determination 
Motion and Kumho's Summary Determination Motion; 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 not to review an initial determination of the 
presiding administrative law judge granting respondents' summary 
determination motions in the above-captioned investigation under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. This 
action terminates the 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 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 July 10, 2008, the Commission instituted 
this investigation based upon a complaint filed on behalf of Flexsys 
America L.P. (St. Louis, Missouri) (``Flexsys''). The complaint, as 
supplemented, alleged violations of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), in the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of

[[Page 65881]]

certain rubber antidegradants, antidegradant intermediates, and 
products containing the same that infringe claims 61-74 of U.S. Patent 
No. 5,453,541 (``the `541 patent'') and claims 23-28 of U.S. Patent No. 
5,608,111 (``the `111 patent''). 73 FR 39719 (July 10, 2008). The 
complaint named as respondents Sinorgchem Co., Shandong (Shandong, 
China) (``Sinorgchem''), Korea Kumho Petrochemical Co., Ltd. (Seoul, 
South Korea), Kumho Tire USA, Inc. (Rancho Cucamonga, California), and 
Kumho Tire Co., Inc. (Seoul, South Korea). (The last three respondents 
are referred to collectively as ``Kumho.'') The Commission in its 
notice of institution noted that the ALJ might wish to consider whether 
the claims asserted in this investigation were precluded by prior 
litigation. 73 FR 39719.
    On July 29, 2008, Sinorgchem moved for summary determination and 
dismissal of this investigation as to Sinorgchem, stating that 
Flexsys's claims in the complaint for this investigation represent 
improper claim splitting as to the `111 patent and claim preclusion as 
to the `541 patent. On July 31, 2008, Kumho moved for summary 
determination that Flexsys is also precluded from re-litigating its 
`111 and `541 patents against Kumho. The Commission investigative 
attorney filed responses on August 4 and 5, 2008, respectively in 
support of Sinorgchem and Kumho. Flexsys filed a response in opposition 
on August 4, 2008. The ALJ heard argument at a preliminary conference 
on August 5, 2008.
    On August 8, 2008, the ALJ issued Order No. 6, asking the parties 
to respond to certain questions. On August 15, 2008, Sinorgchem and 
Kumho each filed submissions. On August 22, 2008, Flexsys filed a 
response. On August 28, 2008, Sinorgchem filed a supplemental response. 
On August 29, 2008, the Commission investigative attorney filed a 
submission. On September 3, 2008, Flexsys filed a surreply.
    On September 15, 2008, the ALJ issued the subject ID (Order No. 9), 
granting the motions for summary determination and terminating the 
investigation in its entirety.
    On September 29, 2008, Flexsys filed a petition for review of the 
subject ID. On October 6, 2008, Sinorgchem, Kumho, and the Commission 
investigative attorney filed responses opposing the petition.
    Having examined the relevant portions of the record in this 
investigation, including the ID, the petition for review, and the 
responses thereto, the Commission has determined not to review the 
subject ID. The investigation is terminated in its entirety.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 
210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.46).

    By order of the Commission.

    Issued: October 30, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-26316 Filed 11-4-08; 8:45 am]
BILLING CODE 7020-02-P