[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78393-78394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30341]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-632]


 In the Matter of Certain Refrigerators and Components Thereof; 
Notice of Commission Decision Not To Review an Initial Determination 
Granting in Part and Denying in Part Complainant's Motion To Amend the 
Complaint and Notice of 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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 15) 
granting in part and denying in part complainant's motion for leave to 
amend the complaint and notice of investigation in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Jonathan J. Engler, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3112. Copies of the 
ALJ's IDs and all other 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 February 21, 2008, the Commission 
instituted this investigation, based on a complaint filed by Whirlpool 
Patents Company of St. Joseph, Michigan; Whirlpool Manufacturing 
Corporation of St. Joseph, Michigan; Whirlpool Corporation of Benton 
Harbor, Michigan, and Maytag Corporation of Benton Harbor, Michigan 
(collectively, ``Whirlpool''). The complaint, as supplemented, 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 refrigerators and components thereof that 
infringe certain claims of U.S. Patent Nos. 6,082,130; 6,810,680 (``the 
'680 patent''); 6,915,644 (``the '644 patent''); 6,971,730; and 
7,240,980. Whirlpool named LG Electronics, Inc.; LG Electronics, USA, 
Inc.; and LG Electronics Monterrey Mexico, S.A., De, CV (collectively, 
``LG'') as respondents. The complaint, as supplemented, further alleges 
that an industry in the United States exists as required by subsection 
(a)(2) of section 337 and requested that the Commission issue an 
exclusion order and cease and desist orders.
    On September 11, 2008, Whirlpool and LG filed a joint motion 
seeking termination of this investigation with respect to the '680 
patent and the '644 patent on the basis of a settlement agreement. On 
September 25, 2008, the ALJ issued an ID, Order No. 10, terminating the 
investigation, in part, as to the '680 and '644 patents. The ALJ found 
no indication that termination of the investigations on the basis of 
the settlement agreement would adversely affect the public interest, 
and that the procedural requirements for terminating the investigation, 
in part, had been met. No petitions for review were filed. On October 
27, 2008, the Commission determined not to review Order No. 10.
    On October 17, 2008, Whirlpool filed a motion for summary 
determination that it had satisfied the importation requirement. On 
October 29, 2008, the Commission investigative attorney supported 
Whirlpool's motion, and LG indicated that it would not oppose the 
motion. On November 20, 2008, the ALJ issued the subject ID, Order No. 
14,

[[Page 78394]]

granting complainant's motion for summary determination of importation. 
No petitions for review were filed. On December 15, the Commission 
issued notice that it had determined not to review Order No. 14.
    On July 24, 2008, Whirlpool filed a motion seeking leave to amend 
the complaint and notice of investigation to (1) remove references to 
patents that had been withdrawn from this investigation; (2) add a 
reference to a non-exclusive license that relates to two patents at 
issue; and (3) update the current state of the domestic industry. LG 
indicated that it opposed Whirlpool's motion to amend on August 4, 
2008. The Commission Investigative attorney did not oppose Whirlpool's 
proposed amendments. On August 11, Whirlpool filed a motion seeking 
leave to file a reply in support of its motion to amend, which was 
opposed by LG on August 15, 2008. On November 25, 2008, the ALJ issued 
Order No. 15, in which he granted Whirlpool's motion as to (1) and (3) 
above and denied it with respect to (2). No petitions for review were 
filed.
    The Commission has determined not to review the subject 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 in 
section 210.42 of the Commission's Rules of Practice and Procedure (19 
CFR 210.42).

    Issued: December 15, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-30341 Filed 12-19-08; 8:45 am]
BILLING CODE 7020-02-P