Daily Rules, Proposed Rules, and Notices of the Federal Government
This investigation was instituted on May 5, 2008, based upon a complaint filed on behalf of Maquet Cardiovascular LLC of San Jose, California (“Maquet”) on April 1, 2008, and supplemented on April 22, 2008. 73 FR 24611 (May 5, 2008). The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain vein harvesting systems or components thereof by reason of infringement of one or more claims of U.S. Patent Nos. RE36,043 and
On December 23, 2008, Maquet and Terumo filed a joint motion pursuant to Commission Rule 210.21 to terminate the investigation on the basis of a settlement agreement. On December 31, 2008, the Commission investigative attorney filed a response in support of the motion. On January 16, 2009, the ALJ issued Order No. 21, granting the motion and terminating the investigation in its entirety. Though not designated as such by the ALJ, Order No. 21 is an initial determination under Commission rule 210.42(c). No petitions for review were filed. The Commission has determined not to review the subject ID.
This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 210.21 and 210.42 of the Commission's Rules of Practice and Procedure (19 CFR 210.21 and 210.42).
By order of the Commission.