Import investigations: fitted film packages,
[Federal Register: March 25, 1998 (Volume 63, Number 57)]
[Notices]
[Page 14474-14475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr98-131]
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-406]
Certain Lens-Fitted Film Packages; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
SUMMARY: Notice is hereby given that a complaint was filedwith the U.S. International Trade Commission on February 13, 1998, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Fuji Photo Film Co., Ltd. of Tokyo, Japan. A supplement to the complaint was filedon March 2, 1998. A notice of withdrawal as to one proposed respondent was filedon March 6, 1998. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lens-fitted film packages by reason of infringement of the following claims of the following patents:
(1) claims 1, 5, 6, 9, and 11 of U.S. Letters Patent 4,833,495;
(2) claims 14 and 15 of U.S. Letters Patent 4,855,774;
(3) claims 1, 7, 8, and 15 of U.S. Letters Patent 4,884,087;
(4) claims 1, 19, and 22 of U.S. Letters Patent 4,954,857;
(5) claims 1 and 9 of U.S. Letters Patent 4,972,649;
(6) claims 14 and 16 of U.S. Letters Patent 5,063,400;
(7) claims 1 and 11 of U.S. Letters Patent 5,235,364;
(8) claim 1 of U.S. Letters Patent 5,361,111;
(9) claims 1, 15, 23, and 25 of U.S. Letters Patent 5,381,200;
(10) claims 1 and 7 of U.S. Letters Patent 5,408,288;
(11) claims 1 and 28 of U.S. Letters Patent 5,436,685;
(12) claims 1 and 13 of U.S. Letters Patent Re 34,168;
(13) the claim of U.S. Letters Patent Des. 345,750;
(14) the claim of U.S. Letters Patent Des. 356,101; and
(15) the claim of U.S. Letters Patent Des. 372,722.
The complaint further alleges that there exists an industry in the United States as required by subsection (a)(2) of section 337 for each of the above patents.
The complainant requests that the Commission institute an investigation and, after a hearing, issue a permanent general exclusion order and permanent cease and desist orders.
ADDRESSES: The complaint, except for any confidential information contained therein, is 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, S.W., Room 112, Washington, D.C. 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 (http://www.usitc.gov).
FOR FURTHER INFORMATION CONTACT: Christine E. Lehman, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202-205-2582.
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 Sec. 210.10 (1997).
Scope of Investigation
Having considered the complaint, the U.S. International Trade Commission, on March 18, 1998, 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 lens-fitted film packages by reason of infringement of the following claims of the following patents, and whether there exists an industry in the United States as required by subsection (a)(2) of section 337:
(1) claims 1, 5, 6, 9, or 11 of U.S. Letters Patent 4,833,495;
(2) claims 14 or 15 of U.S. Letters Patent 4,855,774;
(3) claims 1, 7, 8, or 15 of U.S. Letters Patent 4,884,087;
(4) claims 1, 19, or 22 of U.S. Letters Patent 4,954,857;
(5) claims 1 or 9 of U.S. Letters Patent 4,972,649;
(6) claims 14 or 16 of U.S. Letters Patent 5,063,400;
(7) claims 1 or 11 of U.S. Letters Patent 5,235,364;
(8) claim 1 of U.S. Letters Patent 5,361,111;
(9) claims 1, 15, 23, or 25 of U.S. Letters Patent 5,381,200;
(10) claims 1 or 7 of U.S. Letters Patent 5,408,288;
(11) claims 1 or 28 of U.S. Letters Patent 5,436,685;
(12) claims 1 or 13 of U.S. Letters Patent Re 34,168;
(13) the claim of U.S. Letters Patent Des. 345,750;
(14) the claim of U.S. Letters Patent Des. 356,101; or
(15) the claim of U.S. Letters Patent Des. 372,722.
[[Page 14475]]
(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: Fuji Photo Film Co., Ltd., 26-30 Nishiazabu 2-chome, Minato-ku, Tokyo 106 Japan.
(b) The respondents are the following companies alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:
Achiever Industries Limited, 12/F, Union Hing Yip Factory, Building, 20 Hing Yip Street, Kwun tong, Kowloon, Hong Kong Ad-Tek Specialties Inc., 2641 Townsgate Road, #300, Westlake Village, CA 91361 AmerImage, Inc. d/b/a Rainbow Products, 4680 SW 64th Avenue, Davie, FL 33314-4427 Argus Industries, 2121 Oxford Road, Des Plaines, IL 60018 Boecks Camera LLC, 912 N. La Cienega Boulevard, Los Angeles, CA 90069 Boshi Technology Ltd., Room 921 Star House, 3 Salisbury Road, Tsim Ha Tsui, Kowloon, Hong Kong BPS Marketing, 18642-142nd Avenue, Woodinville, WA 98017 China Film Equipment Corp., 20 Xin De Street, Beijing, China, Zip C: 100088 Dynatec International, Inc., 3820 West Great Lakes Drive, Salt Lake City, UT 84120 E.T. Trading, Ltd. d/b/a Klikit, 825 McDonald Avenue, Brooklyn, NY 11218 Fast Shot, 7250 Harwill Drive, Suite O, Houston, TX 77036 Forcecam, Inc., 280 South Beverly Drive, Suite 201, Beverly Hills, CA 90212 Hachi International Inc., 444 Park Avenue South, 7th Floor, New York, NY 10016 Innovative Trading Co., 380 South Mentor Avenue, Suite 11, Pasadena, CA 91106 Jazz Photo Corp., 600 Blair Road, Carteret, NJ 07008 Labelle Time, Inc., 65 N.W. 166th Street, North Miami, FL 33169 Linfa Photographic Ind. Co. Ltd., Room 1018-1020, 10/Fl, ower B, New Mandarin Plaza, 14 Science Museum Road, T.S.T., East Kowloon, Hong Kong Opticam Inc., 810 Navy Street, Santa Monica, CA 90405-5639 Opticolor Camera, 3213 West Wheeler Street, Seattle, WA 98199 Penmax, Inc., 302 West Evergreen Avenue, Monrovia, CA 91016-4503 PhilmEx Photographic Film, 912 N. La Cienega Boulevard, Los Angeles, CA 90069 P.S.I. Industries, Inc., 1160-B South Rogers Circle, Boca Raton, FL 33487 Rino Trading Co., Ltd., B101, 448-1 Sungnae-1 Dong, Kong, Pong-Ku, Seoul, Korea Sakar International, Inc., 195 Carter Dr., Edison, NJ 08817-2068 T.D.A. Trading Corp., 31-16 Hunters Point Avenue, Long Island City, NY 11101 Vantage Sales, Inc., 600 E. Higgins Road, Elk Grove Village, IL 60007- 1519 Vivitar Corp., 1280 Rancho Conejo Blvd., Newbury Park, CA 91320-1403
(c) Christine E. Lehman, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, S.W., Room 401-I, Washington, D.C. 20436, who shall be the Commission investigative attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Paul J. Luckern is designated as the presiding administrative law judge.
Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with Sec. 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received no later than 20 days after the date of service by the Commission of the complaint and notice of investigation. Extensions of time for submitting responses to the complaint 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 both an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or a cease and desist order or both directed against such respondent.
Issued: March 18, 1998.
By order of the Commission. Donna R. Koehnke, Secretary.
[FR Doc. 98-7744Filed3-24-98; 8:45 am]
BILLING CODE 7020-02-P