[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79909-79910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30930]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-608; Investigation No. 337-TA-612]


In the Matter of Certain Nitrile Gloves and in the Matter of 
Certain Nitrile Rubber Gloves; Notice of Commission Determination of No 
Violation of Section 337; 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 that there is no violation of 19 U.S.C. 1337 
by respondents in the above-referenced investigation. The investigation 
is terminated.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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: The Commission instituted Inv. No. 337-TA-
608 on July 6, 2007, based on a complaint filed by Tillotson 
Corporation d.b.a. Best Manufacturing Company (``Tillotson''). The 
complaint alleged 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 nitrile gloves by reason of infringement of 
various claims of United States Patent No. Re. 35,616 (``the `616 
patent''). The complaint named over thirty respondents. The Commission 
instituted a second investigation, Inv. No. 337-TA-612, on August 22, 
2007, based on a complaint filed by Tillotson. That complaint also 
alleged violations

[[Page 79910]]

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 nitrile gloves by reason of infringement of various claims of 
the `616 patent and named seven respondents. On September 19, 2007, the 
ALJ consolidated Inv. No. 337-TA-608 with Inv. No. 337-TA-612.
    On August 25, 2008, the ALJ issued a final ID and recommended 
determination on remedy and bonding in the above-referenced 
consolidated investigation, finding that the active respondents did not 
violate section 337. Specifically, he found that while the majority of 
accused gloves infringe claims 17, 18, and 19 of the `616 patent, the 
asserted claims are invalid. He concluded that when the patentees 
amended the claims through a reissue application filed more than two 
years after the grant of the original patent, they improperly enlarged 
the scope of the claims, rendering them invalid. The ALJ further 
concluded that the claims are invalid because the patentees filed a 
defective reissue declaration when applying for the reissue patent. He 
rejected other arguments of invalidity and unenforceability. 
Accordingly, the ALJ concluded that respondents had not violated 
section 337.
    On September 8, 2008, complainant Tillotson filed a petition for 
review, as did several respondents. On September 16, 2008, respondents 
filed a response to complainant's petition and complainant filed a 
response to respondents' petition.
    On October 24, 2008, the Commission determined to review a portion 
of the ALJ's ID and requested briefing from the parties on the issues 
under review and on remedy, the public interest, and bonding. On 
November 10, 2008, complainant Tillotson, certain respondents, and the 
Commission investigative attorney (``IA'') each filed responses to the 
Commission's request for written submissions. On November 17, 2008, 
complainant, certain respondents, and the IA filed reply submissions.
    Having examined the record of this investigation, including the 
ALJ's ID and the submissions of the parties, the Commission has 
determined to affirm the ALJ's determination that the respondents did 
not violate section 337 because the asserted claims are invalid under 
35 U.S.C. 251 and 37 CFR 1.175(a) (1996), but will clarify a portion of 
his claim construction in a separate 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 section 210.45 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.45).

    By order of the Commission.

    Issued: December 22, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-30930 Filed 12-29-08; 8:45 am]
BILLING CODE 7020-02-P