[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Notices]
[Pages 47027-47028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19105]


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 INTERNATIONAL TRADE COMMISSION

 [Inv. No. 337-TA-732]


In the Matter of: Certain Devices Having Elastomeric Gel and 
Components Thereof; 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 June 30, 2010, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Interactive Life Forms, LLC of Austin, Texas. A letter supplementing 
the complaint was filed on July 22, 2010. 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 devices 
having elastomeric gel and components thereof by reason of infringement 
of certain claims of U.S. Patent No. 5,782,818 (``the `818 patent'') 
and U.S. Patent No. 5,807,360 (``the `360 patent''). The complaint 
further alleges that an industry in the United States exists as 
required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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: Erin D.E. Joffre, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2550.
    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 (2010).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 29, 2010, Ordered That--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted 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 devices 
having elastomeric gel and components thereof that infringe one or more 
of claims 1-7 of the `818 patent and claims 1-12 of the `360 patent, 
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 complainant is:

    Interactive Life Forms, LLC, 4401 Freidrich Lane, Bldg. 4, Ste. 
400, Austin, TX 78744.


[[Page 47028]]


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

California Exotic Novelties, Inc., 14235 Ramona Avenue, Chino, CA 
91710.
Direct Advantage Values Enterprise, Inc., 1098 San Mateo Avenue, Unit 
7, South San Francisco, CA 94080.
Nanma Manufacturing Co., Limited, 60 Wing Tai Road, Chai Wan, Hong Kong 
Island, Hong Kong.
Shenzhen Shaki Industrial Co., Ltd., F2B1-2/F, Min'ai Industrial Park, 
Zikengjing Village, Guanlan Town, Bao'an District, Shenzhen, Guangdong, 
China.
Pipedream Products, Inc., 21350 Lassen Street, Chatsworth, CA 91311.
Tenga Co., Ltd., 2-58-10, Chuo, Nakano-Ku, Tokyo 164-0011, Japan.
Vast Resources, Inc. d/b/a Topco Sales, 9410 De Soto Avenue, 
Chatsworth, CA 91311.
Convergence Inc., 8842 Evanview Drive, Los Angeles, CA 90067.
E.T.C., Inc. d/b/a Eldorado Trading, Company, Inc., 2325 W. Midway 
Boulevard, Broomfield, CO 80020.
Gigglesworld Corporation, 22 Bill Horton Way, Wappingers Falls, NY 
12590.
Honey's Place, Inc., 640 Glenoaks Boulevard, San Fernando, CA 91340.
Joe Enterprises, Inc., 4848 South 38th Street, Phoenix, AZ 85040.
Liberator, Inc., 202 N. Carson Street, Carson City, NV 89701.
Nalpac Enterprises, Ltd. d/b/a/Nalpac, Ltd., 1111 E 8 Mile Road, 
Ferndale, MI 48220.
Satistec, LLC, 3960 Howard Hughes Parkway, Ste. 500, Las Vegas, NV 
89169.
Universal Distributor, 2110 Centre Pointe Parkway, Santa Clarita, CA 
91350.
Williams Trading Co., Inc., 9250 Commerce Highway, Pennsauken, NJ 
08110.
W.T.F.N. Inc. d/b/a Holiday Products, 20950 Lassen Street, Chatsworth, 
CA 91311.
Barnaby Ltd., LLC, 934 Howard Street, San Francisco, CA 94103.
L.F.P., Inc., 8484 Wilshire Boulevard, Ste. 900, Beverly Hills, CA 
90211.
LFP Internet Group, LLC, 8484 Wilshire Boulevard, Ste. 900, Beverly 
Hills, CA 90211.
PHE, Inc., 302 Meadowland Drive, Hillsborough, NC 27278.
Polydigitech Inc., 721 Limerick Lane, Apt. 2B, Schaumburg, IL 60193.
Sawhorse Enterprises, Inc., 1061 Sneath Lane, San Bruno, CA 94066.
TEG, L.L.C., 5601 Granite Parkway, Ste. 295, Plano, TX 75024.
Web Merchants Inc., 1095 Cranbury Road, Ste. 7, Jamesburg, NJ 08831.

    (c) The Commission investigative attorney, party to this 
investigation, is Erin D.E. Joffre, 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, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding Administrative Law Judge.
    Responses to the 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)-(e) 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 complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
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 complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the 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 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 29, 2010.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-19105 Filed 8-3-10; 8:45 am]
BILLING CODE 7020-02-P