[Federal Register Volume 67, Number 154 (Friday, August 9, 2002)]
[Notices]
[Pages 51868-51869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20214]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-475]
In the Matter of Certain Electronic Educational Devices and
Components Thereof; Notice of Investigation.
AGENCY: 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 July 8, 2002, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Franklin Electronic Publishers, Inc. of Burlington, New Jersey. An
amended complaint was filed on July 26, 2002. The complaint, as
amended, 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 electronic educational devices and
components thereof by reason of infringement of claims 1-4 of U.S.
Letters Patent 5,203,705. 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 a permanent exclusion
order and permanent cease and desist orders.
ADDRESSES: The complaint and amended complaint, 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 ADD 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-ON-LINE) at http://dockets.usitc.gov/eol/public.
FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
202-205-2576.
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 (2002).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on August 1, 2002, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as
[[Page 51869]]
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 electronic educational
devices and components thereof by reason of infringement of claims 1,
2, 3 or 4 of U.S. Letters Patent 5,203,705 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--
Franklin Electronic Publishers, Inc., One Franklin Plaza, Burlington,
NJ 08016-4907.
(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:
LeapFrog Enterprises, Inc., 6401 Hollis Street, Emeryville, CA 94608-
1071.
Jetta Company, Ltd., Jetta House, 19 On Kui Street, On Lok Tsuen,
Fanling, N.T., Hong Kong.
(c) David O. Lloyd, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW., Room 401,
Washington, DC 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 section 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 the 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 to authorize the administrative law judge and the
Commission, without further notice to that 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 that respondent.
Issued: August 6, 2002.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 02-20214 Filed 8-8-02; 8:45 am]
BILLING CODE 7020-02-P