[Federal Register Volume 74, Number 235 (Wednesday, December 9, 2009)]
[Notices]
[Pages 65154-65155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29287]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-636]


In the Matter of Certain Laser Imageable Lithographic Printing 
Plates; Issuance of a Limited Exclusion Order and 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 issued a limited exclusion order directed to infringing 
laser imageable lithographic printing plates.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3042. 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 
(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: This investigation was instituted on March 
13, 2008, based on a complaint filed by Presstek, Inc. of Hudson, New 
Hampshire (``Presstek''). The complaint alleged violations of section 
337 of the Tariff Act of 1930, as amended, 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 laser 
imageable lithographic printing plates that infringe certain claims of 
United States Patent Nos. 5,339,737 (``the '737 patent'') and 5,487,338 
(``the '338 patent'') and United States Trademark Registration No. 
1,711,005 (``the '005 trademark''). All assertions relating to the '005 
trademark were subsequently terminated from the investigation. Certain 
respondents were also terminated during the course of the 
investigation. The following respondents remain in the investigation: 
VIM Technologies, Ltd. of Kibbutz Hanita, Israel; Hanita Coatings RCA, 
Ltd. of Kibbutz Hanita, Israel; Guaranteed Service & Supplies, Inc. of 
West Bend, Wisconsin; AteCe Canada of Toronto, Ontario, Canada; 
Recognition Systems, Inc. of Port Washington, New York; and Spicers 
Paper, Inc. of Santa Fe Springs, California (collectively, 
``Respondents'').
    On July 24, 2009, the ALJ issued a final initial determination 
(``ID'') finding the domestic industry requirement

[[Page 65155]]

satisfied, finding a violation of section 337 and containing a 
recommended determination on remedy and bonding. The ALJ recommended 
that, in the event the Commission finds a violation of section 337, the 
Commission should issue a limited exclusion order directed to all of 
Respondents' accused products found to infringe the '737 and '338 
patents. ID at 101-104. The ALJ further recommended that if the 
Commission imposes a remedy following a finding of violation, 
Respondents should be required to post a bond of 100 percent of the 
entered value of accused products imported during the Presidential 
review period. Id.

    Respondents filed a combined petition for review of the ID, and 
Presstek and the Commission Investigative Attorney (``IA'') filed 
oppositions thereto. On September 24, 2009, the Commission determined 
to review certain aspects of the ID relating to claim construction and 
to modify the ID by supplementing the claim construction analysis. 74 
FR 49890 (Sept. 29, 2009). The Commission also requested written 
submissions on the issues of remedy, the public interest and bonding, 
and further requested submissions of proposed remedial orders. Id.
    On October 5, 2009, Respondents filed a collective brief on the 
issues for which the Commission requested written submissions. Presstek 
and the IA filed their briefs on those same issues on October 6, 2009, 
and on October 13, 2009, Presstek filed a response to Respondents' 
brief.
    Having reviewed the record in this investigation, including the ID 
and the parties' written submissions, the Commission has determined 
that the appropriate form of relief is a limited exclusion order 
prohibiting the unlicensed entry of laser imageable lithographic 
printing plates that infringe one or more of claims 1, 10 and 27 of the 
'737 patent or claims 20, 21 and 23 of the '338 patent and that are 
manufactured abroad by or on behalf of, or imported by or on behalf of, 
Respondents.
    The Commission further determines that the public interest factors 
enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude 
issuance of the limited exclusion order. Finally, the Commission 
determines that no bond is required to permit temporary importation 
during the period of Presidential review (19 U.S.C. 1337(j)) of the 
laser imageable lithographic printing plates that are subject to the 
order. The Commission's order and opinion were delivered to the 
President and to the United States Trade Representative on the day of 
their issuance.
    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 sections 210.50 of the Commission's Rules of Practice and Procedure, 
19 CFR 210.50.

    By order of the Commission.

    Issued: November 30, 2009.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E9-29287 Filed 12-8-09; 8:45 am]
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