|
Jennifer D. Rohrbach
International Trade Commission
September 16, 2014
[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Notices]
[Pages 55502-55503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22013]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-Ta-881]
Certain Windshield Wiper Devices and Components Thereof; Notice
of Commission Determination To Grant a Joint Motion To Terminate the
Investigation on the Basis of a Settlement Agreement; Termination of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to grant the joint motion to terminate the
above-captioned investigation based upon a settlement agreement. The
Commission has also determined to grant the joint motion to stay the
investigation pending resolution of the joint motion to terminate. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2301. 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 June 11, 2013, based on a complaint filed by complainants Federal-
Mogul Corporation of Southfield, Michigan and Federal-Mogul S.A. of
Aubange, Belgium (collectively ``Federal-Mogul''). 78 FR 35050-51 (June
11, 2013). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain
windshield wiper devices and components thereof by reason of
infringement of certain claims of U.S. Patent No. 8,347,449 (``the '449
patent''). The complaint further alleges the existence of a domestic
industry. The Commission's Notice of Investigation named as respondents
Trico Corporation of Rochester Hills, Michigan (``Trico Corp.''); Trico
Products of Brownsville, Texas (``Trico Products''); and Trico
Components, SA de CV of Matamoros, Mexico (collectively ``Trico''). 78
FR at 35050. The Office of Unfair Import Investigations was also named
as a party. Id. The Notice of Investigation was later amended to
correct the names of Trico Corp. and Trico Products to Trico Products
Corporation of New York. 79 FR 9922-923 (Feb. 21, 2014); see Order No.
27 (Jan. 22, 2014).
On May 8, 2014, the ALJ issued his final ID, finding a violation of
section 337. Specifically, the ALJ found a violation of section 337
with respect to claims 1 and 5 of the '449 patent. The ALJ did not,
however, find a violation of section 337 with respect to claims 2-4 and
6-14 of the '449 patent. The final ID included the ALJ's recommended
determination on remedy and bonding.
On May 21, 2014, Trico filed a petition for review concerning the
final ID's finding of violation with respect to claims 1 and 5 of the
'449 patent. Also on May 21, 2014, Federal-Mogul and the Commission
investigative attorney (``IA'') each filed a petition for review of
certain aspects of the final ID concerning the ALJ's finding of no
violation with respect to claims 2-4 and 6-14 of the '449 patent.
On July 9, 2014, the Commission determined to review the final ID
in part with respect to issues of claim construction, infringement, and
the technical prong of the domestic industry requirement and requested
briefing on certain of the issues under review. 79 FR 41303-05 (July
15, 2014). On July 22, 2014, the parties submitted initial briefs in
response to the Commission's notice.
On July 29, 2014, Federal-Mogul and Trico filed a joint motion to
terminate the investigation based on a settlement agreement pursuant to
sections 210.21(a)(2) and (b) of the Commission Rules of Practice and
Procedure (19 CFR
[[Page 55503]]
210.21(a)(2) and (b)). On July 30, 2014, Federal-Mogul and Trico filed
a request that the investigation be stayed pending the Commission's
decision on the termination motion. On August 8, 2014, the IA filed a
response supporting the joint motion.
The Commission has determined to grant the joint motion to
terminate the investigation. Section 337(c) provides, in relevant part,
that the Commission may terminate an investigation ``on the basis of an
agreement between the private parties to the investigation.'' When the
investigation is before the Commission, as is the case here, the
Commission has acted on motions to terminate on the basis of
settlement. See, e.g., Certain Wireless Consumer Electronics Devices
and Components Thereof, Inv. No. 337-TA-853, Notice of Commission
Determination to Grant the Consent Motion to Terminate the
Investigation-In-Part as to Respondents Kyocera Corporation And Kyocera
Communications, Inc. on the Basis of a Settlement Agreement (Sept. 20,
2013). Commission Rule 210.21(b), which implements section 337(c),
requires that a motion for termination based upon a settlement contain
a copy of that settlement agreement, as well as a statement that there
are no other agreements, written or oral, express or implied, between
the parties concerning the subject matter of the investigation. The
joint motion complies with these requirements.
The Commission also considers the public interest when terminating
an investigation based upon a settlement agreement. 19 CFR
210.50(b)(2). We find no evidence that termination of the investigation
will prejudice the public interest or that settlement will adversely
impact the public health and welfare, competitive conditions in the
United States economy, the production of like or directly competitive
articles in the United States, or United States consumers. Moreover,
the public interest favors settlement to avoid needless litigation and
to conserve public and private resources.
Accordingly, the Commission hereby grants the joint motion to
terminate this investigation on the basis of a settlement agreement.
The Commission also grants the joint motion to stay the investigation
pending resolution of the joint motion to terminate.
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 11, 2014.
By order of the Commission.
Jennifer D. Rohrbach,
Supervisory Attorney.
[FR Doc. 2014-22013 Filed 9-15-14; 8:45 am]
BILLING CODE 7020-02-P