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United States International Trade Commission
Investigation No. 337-TA-151
COMMISSION MEMORANDUM OPINION
VIEWS OF CHAIRWOMAN STERN, COMMISSIONER LODWICK AND COMMISSIONER ROHR
This matter came before the Commission on the Commission's order to show cause why the above-captioned investigation should not be terminated as abated as a result of a reexamination certificate amending all the claims of the patent on which the investigation was based.
This investigation was instituted by the Commission on its own motion on June 16, 1983. 1 The notice of investigation defined its scope as the determination of whether there is a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) in the importation of certain apparatus for flow injection analysis and components thereof, or in their sale, by reason of alleged:
(1) Direct infringement of claims 1-6 of U.S. Letters Patent 4,013,413 (the '413 patent);
(2) Contributory infringement of claims 1-8 of U.S. Letters Patent 4,013,413; and
(3) Induced infringement of claims 1-8 of U.S. Letters Patent 4,013,413,
the effect or tendency of which is to destroy or substantially [*2] injure an industry, efficiently and economically operated, in the United States. The following firms were named respondents in the notice of investigation:
(1) Perstorp AB, Perstorp, Sweden.
(2) Pernovo, Perstorp New Business Development AB, Perstorp, Sweden.
(3) Bifok AB, Sollentuna, Sweden.
(4) Tecator AB, Hoganas, Sweden.
(5) Pernovo, Perstorp New Business Development, Inc., Sherman Oaks, Calif.
(6) Tecator, Inc., Herndon, Va.
Prior to the evidentiary hearing before the administrative law judge (ALJ) the parties agreed to litigate only claims 2, 7 and 8 of the '413 patent. During the course of the investigation, respondents filed a request with the Patent and Trademark Office (PTO) for reexamination of the '413 patent under 35 U.S.C. §§ 302-307. The PTO reexamination proceeding was still pending when, on April 2, 1984, the ALJ filed an initial determination (ID) finding a violation of section 337 based on his finding of infringement of original claims 2, 7 and 8 of the '413 patent. On May 2, 1984, the Commission suspended the investigation pending the outcome of the reexamination proceeding, the completion of which was imminent. [*3] The reexamination proceeding was completed on August 28, 1984, with the issuance by the PTO of Reexamination Certificate B1 4,013,413, a copy of which is annexed hereto, which amended all the original claims of the '413 patent and added several new claims. On September 27, 1984, the Commission ordered the Commission investigative attorney to show cause why the investigation should not be terminated as abated as a result of the reexamination certificate amending all the original claims of the '413 patent. 2 The Commission investigative attorney timely filed her submission on October 9, 1984; the respondents timely filed their response on October 18, 1984. 3
On November 2, 1984, the Commission determined (1) to terminate the investigation as having abated as a result of the amendment of all the original claims of the '413 patent by the reexamination certificate and (2) to vacate the ID. Accordingly, the Commission issued an appropriate Action and [*4] Order and Federal Register notice.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
1984 ITC LEXIS 158 *
In the Matter of CERTAIN APPARATUS FOR FLOW INJECTION ANALYSIS AND COMPONENTS THEREOF.
samples, patent, conduit, valve, connected, reacted, reagent, reexamination, passageway, volume, apparatus, fluid, air, comprising, solvent, certificate, analyzing, plurality, original claim, mixing, segmentation, measured, stream, includes, introducing, sequence, transferring, downstream, terminated, flows