[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Pages 34589-34590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16901]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-680]


In the Matter of Certain Machine Vision Software, Machine Vision 
Systems, and Products Containing Same; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 28, 2009, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Cognex Corporation of Natick, Massachusetts and Cognex Technology & 
Investment Corporation of Mountain View, California. An amended 
complaint was filed on June 26, 2009. A supplemental letter was filed 
on July 1, 2009. The amended complaint 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 machine vision software, machine vision systems, and products 
containing same that infringe certain claims of U.S. Patent Nos. 
7,016,539; 7,065,262; and 6,959,112. The amended complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The amended complaint, except for any confidential 
information contained therein, is 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., Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
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.

FOR FURTHER INFORMATION CONTACT: Kevin Baer, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2221.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2009).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on July 9, 2009, ordered 
that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted

[[Page 34590]]

to determine whether there is a violation of subsection (a)(1)(B) of 
section 337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain machine vision software, machine vision systems, or products 
containing same that infringe one or more of claims 1-6, 8, 12, 18-21, 
24, 25, and 33-35 of U.S. Patent No. 7,016,539; 1, 11-13, 21, 28-30, 
39, 47, 54, and 55 of U.S. Patent No. 7,065,262; and claims 1-10 of 
U.S. Patent No. 6,959,112, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--

Cognex Corporation, One Vision Drive, Natick, MA 01760;
Cognex Technology & Investment Corporation, 465 North Wisman Road, 
Suite 200, Mountain View, CA 94043.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

MVTec Software GmbH, Neherstr. 1, 81675 M[uuml]nchen, Germany;
MVTec LLC, 1 Broadway, Cambridge, MA 02142;
E. Zoller GmbH & Co. KG, Gottlieb-Daimler-Strasse 19, 74385 
Pleidelsheim, Germany;
Zoller, Inc., 3753 Plaza Drive, Suite 1, Ann Arbor, MI 48108;
Fuji Machine Manufacturing Co., Ltd., 19 Chausuyama, Yamamachi, Chiryu, 
Aichi 472-8686, Japan;
Fuji America Corporation, 171 Corporate Woods Parkway, Vernon Hills, IL 
60061;
Omron Corporation, Gate City Osaki, West Tower 15F, 1-11-1, Osaki, 
Shinagawa-ku, Tokyo, 141-0032, Japan;
Resolution Technology, Inc., 5990 Wilcox Place, Suite B, Dublin, OH 
43016;
Subtechnique, Inc., 4950-C Eisenhower Ave., Alexandria, VA 22304;
Visics Corp., 70 Hastings Street, Wellesley, MA 02181;
Daiichi Jitsugyo Viswill Co., Ltd., 12-43, Honami-cho, Suita City, 
Osaka 564-0042, Japan;
Daiichi Jitsugyo (America), Inc., 939 A.E.C. Drive, Wood Dale, IL 
60191;
Amistar Automation, Inc., 1269 Linda Vista, San Marcos, CA 92078;
Techno Soft Systemnics, Inc., Naniwa Ward, Ebisunishi 2-chome Sakae, 
Shiyou Building, No. 17, Osaka 556-0003, Japan;
IDS Imaging Development Systems GmbH, Dimbacher Str. 6, Obersulm 74182, 
Germany;
IDS Imaging Development Systems, Inc., 400 West Cummings Park, Suite 
3400, Woburn, MA 01801;
YXLON International GmbH, Essener Bogen 15, Hamburg D-22419, Germany;
YXLON International, Inc., 3400 Gilchrist Road, Mogadore, OH 44260;
Rasco GmbH, Geigelsteinstrasse 6, Kolbermoor 83059, Germany;
Delta Design, Inc., 12367 Crosthwaite Circle, Poway, CA 92064;
Multitest Elektronische Systeme GmbH, [Auml]ussere Oberaustrasse 4, 
Rosenheim 83026, Germany;
Multitest Electronic Systems, Inc., 3021 Kenneth Street, Santa Clara, 
CA 95054.

    (c) The Commission investigative attorney, party to this 
investigation, is Kevin Baer, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, Paul J. Luckern, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate the presiding Administrative Law Judge.
    Responses to the amended complaint and the notice of investigation 
must be submitted by the named respondents in accordance with section 
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 
210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will 
be considered by the Commission if received not later than 20 days 
after the date of service by the Commission of the amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended complaint and the notice of investigation will 
not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended complaint and this notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the amended 
complaint and this notice and to enter an initial determination and a 
final determination containing such findings, and may result in the 
issuance of an exclusion order or a cease and desist order or both 
directed against the respondent.

    Issued: July 13, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-16901 Filed 7-15-09; 8:45 am]
BILLING CODE 7020-02-P