[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Notices]
[Pages 2159-2160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-499]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-641]


In the Matter of Certain Variable Speed Wind Turbines and 
Components Thereof; Termination of Investigation With Final 
Determination of No Violation

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 to terminate the investigation with a final 
determination of no violation in the above-captioned investigation 
under

[[Page 2160]]

section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337'').

FOR FURTHER INFORMATION CONTACT: James A. 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 
(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 
31, 2008, based upon a complaint filed on behalf of General Electric 
Company of Fairfield, Connecticut (``GE'') on February 7, 2008. 73 FR 
16910. 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 variable speed wind turbines and components 
thereof that infringe claims 121-125 of U.S. Patent No. 5,083,039 
(``the `039 patent'') and claims 1-12, 15-18, and 21-28 of U.S. Patent 
No. 6,921,985 (``the `985 patent''). The complaint named as respondents 
Mitsubishi Heavy Industries, Ltd. of Tokyo, Japan (``MHI''); Mitsubishi 
Power Systems, Inc. of Lake Mary, Florida (``MPSA''); and Mitsubishi 
Heavy Industries America, Inc. of New York, New York (``MHIA''). On 
October 8, 2008, the Commission issued notice of its determination not 
to review an initial determination (``ID'') (Order No. 10) granting 
GE's motion to amend its complaint and the notice of investigation to 
add claims 1-19 of U.S. Patent No. 7,321,221 (``the `221 patent'') to 
this investigation.
    On August 7, 2009, the ALJ issued a final ID finding a violation of 
section 337 in this investigation. The ALJ found that there was a 
violation in the sale for importation, importation, or sale after 
importation by respondents MHI and MPSA with respect to claim 121 of 
the `039 patent and claim 15 of the `985 patent. The ALJ found that 
there was no violation with respect to these claims by MHIA. The ALJ 
also found that there was no violation of section 337 by any party with 
respect to claims 5, 7, and 8 of the `221 patent.
    On August 24, 2009, the Commission received petitions and/or 
contingent petitions for review from: (1) MHI, MPSA, and MHIA; (2) GE; 
and (3) the Commission investigative attorney. On September 1, 2009, 
each of the parties filed responses thereto.
    On October 8, 2009, the Commission issued notice of its 
determination to review the final ID, except with respect to the issue 
of importation and the intent finding underlying the ALJ's inequitable 
conduct determination. 72 FR 52975 (Oct. 15, 2009). The Commission 
requested briefing on the issues on review, including certain specific 
questions, in addition to remedy, the public interest, and bonding.
    On October 23, 2009, the Commission issued notice of its 
determination to extend the deadline for public submissions on remedy, 
the public interest, and bonding to November 2, 2009, and for all 
responses to all remedy, the public interest, and bonding submissions 
to November 9, 2009.
    On October 22, 2009, Mitsubishi, GE, the IA, and Iberdrola filed 
submissions in response to the notice of review. On October 30, 2009, 
Turner Bros., LLC filed a submission on remedy. On November 2, 2009, 
Mitsubishi, GE, and the IA filed reply submissions on violation. On 
November 9, 2009, Mitsubishi, GE, the IA, and Iberdrola filed reply 
submissions on remedy.
    Having reviewed the final ID, the submissions on review, and the 
record, the Commission has determined to terminate the investigation 
with a final determination of no violation. A Commission opinion will 
issue shortly.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and under sections 
210.42-.51 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.51).

    Issued: January 8, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-499 Filed 1-13-10; 8:45 am]
BILLING CODE 7020-02-P