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Certain Variable Valve Actuation Devices and Automobiles Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation; Termination of the Investigation

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American Government

Certain Variable Valve Actuation Devices and Automobiles Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Investigation; Termination of the Investigation

Lisa R. Barton
International Trade Commission
4 February 2016


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Pages 6041-6042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02018]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-954]


Certain Variable Valve Actuation Devices and Automobiles 
Containing the Same; Commission Determination Not To Review an Initial 
Determination Terminating the Investigation; Termination of the 
Investigation

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 not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 16) 
terminating the above-captioned investigation. The Commission has 
determined to terminate the investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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 14, 2015, based on an amended complaint filed by Jacobs 
Vehicle Systems, Inc. of Bloomfield, Connecticut. 80 FR 20012 (Apr. 14, 
2015). The complaint alleged violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of 
certain claims of U.S. Patent Nos.: 6,474,277; 6,883,492 (``the '492 
patent''); 5,829,397 (``the '397

[[Page 6042]]

patent''); 8,776,738; 8,820,276 (``the '276 patent''); and 7,059,282 
(``the '282 patent''). The complaint further alleged that a domestic 
industry exists or is in the process of being established. The 
Commission's Notice of Investigation named the following respondents: 
Fiat Chrysler Automobiles N.V. (``Fiat'') of Slough, United Kingdom; 
FCA US LLC of Auburn Hills, Michigan; FCA Mexico, S.A. de C.V. of Sante 
Fe, Mexico; FCA Melfi S.p.A. of Melfi, Italy; and FCA Serbia d.o.o. 
Kragujevac of Kragujevac, Serbia. The Office of Unfair Import 
Investigations is not participating in the investigation. Respondent 
Fiat and the following patents and patent claims were later terminated 
from the investigation: (1) The '397 patent (ALJ's Order No. 6, 
unreviewed, Comm'n Notice Aug. 18, 2015); (2) the '492 patent (ALJ's 
Order No. 8, unreviewed, Comm'n Notice Oct. 26, 2015); (3) Claims 3, 5, 
13-16, 18-19, 22, 35-36, 38-44, 46-48, 50, and 54-56 of the '738 
patent; claims 1-5, 7, 10, 19-23, and 26-28 of the '276 patent; and 
Fiat (see ALJ's Order No. 13, unreviewed, Comm'n Notice Dec. 21, 2015); 
and (4) the '282 patent (see ALJ's Order No. 15, unreviewed, Comm'n 
Notice Jan. 29, 2016).
    On January 6, 2016, complainant moved for termination of the 
investigation based on withdrawal of the complaint. No party opposed 
the motion.
    On January 7, 2016, the ALJ issued the subject ID (Order No. 16) 
granting complainant's motion and finding that the motion for 
termination satisfies Commission Rule 210.21(a)(1) and that no 
``extraordinary circumstances'' exist that would preclude granting the 
motion. No party petitioned for review of the ID.
    The Commission has determined not to review the ID and the 
Commission has terminated the investigation.
    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).

    By order of the Commission.

    Dated: January 29, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-02018 Filed 2-3-16; 8:45 am]
 BILLING CODE 7020-02-P

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