Handel międzynarodowy · 20.08.1997

Certain Variable Speed Wind Turbines and Components Thereof; Notice of Commission Determinations Concerning Federal Circuit Remand Question and Respondents' Motion To Show Cause and Petition for Rescission of Limited Exclusion Order

Notice is hereby given that, in response to an order issued by the U.S. Court of Appeals for the Federal Circuit (``the Federal Circuit'') on April 24, 1997 (the ``remand order''), the U.S. International Trade Commission determined that the requirement of section 337(a)(3), 19 U.S.C. Sec. 1337(a)(3), regarding the presence of a domestic industry is satisfied by the domestic activities of Zond and the domestic activities of the companies licensed by Zond to practice the invention of claim 131 of U.S. Letters Patent 5,083,039. Thus, the Commission determined that, by virtue of its ownership of the `039 patent and its licensing of significant domestic activities practicing that patent, Zond is part of the domestic industry. The Commission also determined that further proceedings are not necessary to resolve any factual issues presented by the question posed by the Court on remand, and to deny respondents' motion to show cause and their petition to rescind the limited exclusion order. The Commission will issue an opinion shortly concerning these issues.