[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 58040-58041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23894]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-650]


Certain Coaxial Cable Connectors and Components Thereof and 
Products Containing Same; Notice of Issuance of a General Exclusion 
Order for U.S. Patent No. 5,470,257

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 issue a general exclusion order for U.S. 
Patent

[[Page 58041]]

No. 5,470,257 (``the `257 patent'') following a remand from the United 
States Court of Appeals for the Federal Circuit (``Federal Circuit'') 
in John Mezzalingua Associates v. Int'l Trade Comm'n, 2011 U.S. App. 
LEXIS 8806 (Fed. Cir. Apr. 28, 2011).

FOR FURTHER INFORMATION CONTACT: Michelle Klancnik, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 May 30, 2008, based on a complaint filed by John Mezzalingua 
Associates, Inc. d/b/a PPC, Inc. of East Syracuse, New York (``PPC''). 
73 FR 31145 (May 30, 2008). 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 coaxial cable connectors and 
components thereof and products containing the same by reason of 
infringement of various United States Patents, including the `257 
patent. The complaint named eight respondents. After institution, two 
respondents were terminated based on consent orders and four 
respondents were found to be in default (``defaulting respondents''). 
Two respondents, Fu-Ching Technical Industry, Co., Ltd. and Gem 
Electronics, Inc. (``the active respondents''), remained active.
    On October 13, 2009, the presiding administrative law judge issued 
a final initial determination (``ID'') and a recommended determination 
on remedy and bonding. The Commission determined to review the final ID 
in part.
    On March 31, 2010, the Commission found no violation of section 337 
for the `257 patent. The Commission found infringement of the `257 
patent by the defaulting respondents and no infringement by the active 
respondents. The Commission nevertheless found no violation of section 
337 because it found no domestic industry for the `257 patent. Having 
found no violation, the Commission did not make a remedy determination 
for the `257 patent.
    Complainant PPC appealed to the Federal Circuit. In John 
Mezzalingua Associates v. International Trade Commission, 2011 U.S. 
App. LEXIS 8806 (Fed. Cir. Apr. 28, 2011), the Federal Circuit reversed 
the Commission's finding of no violation, entered a judgment of 
violation, and remanded the investigation to the Commission for 
proceedings consistent with its opinion. The Federal Circuit's mandate 
issued on June 30, 2011.
    On July 18, 2011, the Commission issued a notice requesting 
comments from the parties regarding how to proceed with the 
investigation following the remand from the Federal Circuit. On July 
29, 2011, PPC filed a response to the Commission's notice. On August 1, 
2011, the Commission investigative attorney filed a response to the 
Commission's notice.
    Having reviewed the record to the investigation including all 
relevant submissions, the Commission has determined that the 
appropriate form of remedy is a general exclusion order. The general 
exclusion order prohibits the unlicensed entry of coaxial cable 
connectors and components thereof and products containing the same that 
infringe claim 1 and/or 5 of the `257 patent.
    The Commission further determined that the public interest factors 
enumerated in section 337(d) (19 U.S.C. 1337(d)) do not preclude 
issuance of the general exclusion order. Finally, the Commission 
determined that the amount of bond during the Presidential review 
period (19 U.S.C. 1337(j)) shall be in the amount of thirteen (13) 
cents per coaxial connector of the defaulting respondents--Hanjiang Fei 
Yu Electronics Equipment Factory of China, Zhongguang Electronics of 
China, Yangzhou Zhongguang Electronics Co. of China, and Yangzhou 
Zhongguang Foreign Trade Co. Ltd. of China. A bond in the amount of 
zero is required for any other coaxial cable connector or component 
thereof or product containing the same covered by the general exclusion 
order. The Commission's order was delivered to the President and the 
United States Trade Representative on the day of its 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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

     Issued: September 13, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-23894 Filed 9-16-11; 8:45 am]
BILLING CODE 7020-02-P