[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4373-4374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1421]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-644]


In the Matter of Certain Composite Wear Components and Welding 
Products Containing Same; Notice of Commission Determination to 
Temporarily Rescind Its Limited Exclusion Order and Cease and Desist 
Order Entered on November 24, 2009 Pending Resolution of Federal 
Circuit Appeal

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 temporarily rescind its exclusion order

[[Page 4374]]

and cease and desist order entered on November 24, 2009 against 
respondents AIA Engineering Limited and Vega Industries Ltd. (``AIA'') 
in the subject investigation, pending resolution of the validity of 
United States Patent No. RE39,998 by the United States Court of Appeals 
for the Federal Circuit.

FOR FURTHER INFORMATION CONTACT: Jia Chen, Esq., Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 708-4737. 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 this investigation 
on April 21, 2008, based on a complaint filed by Magotteaux 
International S/A and Magotteaux Inc. (``Magotteaux''). 73 FR 22431 
(Apr. 25, 2008). The complaint, as supplemented, 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, or the 
sale within the United States after importation of certain composite 
wear components and products containing the same that infringe certain 
claims of U.S. Patent No. RE39,998. The complaint named Fonderie 
Acciaiere Rioale S.P.A. (``FAR'') and AIA as respondents. FAR was 
subsequently terminated from the investigation on the basis of a 
settlement agreement, leaving AIA as the remaining respondent.
    On November 24, 2009, the Commission issued a limited exclusion 
order and a cease and desist order against AIA, who was found by the 
ALJ to be in default. The limited exclusion order prohibits the 
unlicensed entry for consumption of composite wear components and 
products containing the same that are covered by one or more of claims 
12-13 and 16-21 of the `998 patent and that are manufactured abroad by 
or on behalf of, or are imported by or on behalf of, AIA or any of 
their affiliated companies, parents, subsidiaries, or other related 
business entities, or their successors or assigns. 74 FR 62814 (Dec. 1, 
2009). The cease and desist order covers products that infringe claims 
12-13 and 16-21 of the `998 patent and is directed to domestic 
respondent Vega Industries and any of its principals, stockholders, 
officers, directors, employees, agents, licensees, distributors, 
controlled and majority owned business entities, successors, and 
assigns. Id.
    On September 3, 2010, the `998 patent was declared invalid by the 
District Court for the Middle District of Tennessee in a declaratory 
judgment action filed by AIA against Magotteaux. On September 28, 2010, 
Magotteaux noticed an appeal of the district court's decision to the 
Court of Appeals for the Federal Circuit. On October 5, 2010, AIA filed 
a petition under 19 U.S.C. 1337(k) and 19 CFR 210.76 asking the 
Commission to rescind its November 24, 2009 exclusion order and cease 
and desist order in light of the district court's holding invalidating 
the `998 patent. Complainant Magotteaux opposed the petition on October 
15, 2010 and requested that the Commission hold a public hearing. The 
Commission investigative attorney did not file a formal response, but 
did provide copies of certain Commission opinions referenced by 
Magotteaux in its opposition that were unavailable to the parties via 
the Commission's EDIS database. On October 21, 2010, Magotteaux filed a 
motion for leave to supplement its October 15, 2010 response. On 
October 27, 2010, AIA filed a motion for leave to file a reply to 
Magotteaux's response and supplement response. On November 1, 2010, the 
Commission granted both motions for leave. On November 11, 2010, 
Magotteaux moved for leave to file a sur-reply in response to AIA's 
Reply. On November 19, 2010, AIA opposed the motion. On November 29, 
2009, the Commission granted Magotteaux's motion for leave to file a 
sur-reply, but indicated that no further briefing was expected.
    After consideration of the petition and the responses and replies 
thereto, the Commission has determined to temporarily rescind its 
limited exclusion order and cease and desist order entered on November 
24, 2009 against AIA pending resolution on appeal of the district 
court's decision by the Federal Circuit. The Commission's remedial 
orders will become permanently rescinded if the Federal Circuit affirms 
the district court's judgment with respect to claims 12-13 and 16-21 of 
the `998 patent, i.e., the claims covered by the Commission's remedial 
orders, and will be reinstated if the Federal Circuit reverses the 
district court's judgment with respect to those claims. The Commission 
has determined to deny Magotteaux's request for a public hearing.
    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 210.76(b) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.76(b)).

    By order of the Commission.

     Issued: January 18, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-1421 Filed 1-24-11; 8:45 am]
BILLING CODE 7020-02-P