UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C.

20436

CERTAIN CASKETS

Investigation No. 337-TA-725

In the Matter of

NOTICE OF COMMISSION ISSUANCE OFA LIMITED EXCLUSION ORDER AGAINST INFRINGING PRODUCTS OF RESPONDENT FOUND IN DEFAULT; TERMINATION OF INVESTIGATION

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against infringing products of Ataudes Aguilares, S. de R.L. de C.V. of Guadalajara, Mexico ("Ataudes Aguilares"), which was previously found in default, and has terminated the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § 1337).

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436, telephone (202) 708-2301. 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, S.W., Washington, D.C. 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 httpi//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 July 8, 2010, based on a complaint filed by Batesville Services, Inc. of Batesville, Indiana ("Batesville"). 75 Fed. Reg. 16837-38 (July 8,2010). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 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 caskets by reason of infringement of certain claims of U.S. Patent Nos. 5,611,124; 5,727,291; 6,836,936; 6,976,294; and 7,340,810. The Commission's notice of investigation named Ataudes Aguilares as the lone respondent.

On August 12,2010, Batesville moved, pursuant to Commission Rule 210.16(b) (19 C.F.R. § 210.16(b)), for an order to show cause why Ataudes Aguilares should not be found in default for failure to respond to the Complaint and Notice of Investigation and for a finding of default upon the failure to show cause. On August 19,2010, the Commission investigative attorney ("IA") filed a response in support of the motion. The presiding administrative law judge ("ALJ") issued the requested order, instructing Ataudes Aguilares to show cause, no later than the close of business on September 21,2010, why it should not be found in default. Order No.4 (Aug. 31,2010). No response to Order No.4 was filed, and the ALJ subsequently issued an initial determination ("ID") finding Ataudes Aguilares in default. Order No.5 (Sept. 24, 2010). The Commission determined not to review the ID and issued a Notice requesting briefing from interested parties on remedy, the public interest, and bonding. 75 Fed. Reg; 65379:-89 (Oct. 22,

2010)'. . . i.

The IA and Batesville submitted briefing responsive to the Commission's request on November 3 and 4, 2010, respectively. Each proposed a limited exclusion order directed to Ataudes Aguilares's accused products and recommended allowing entry under a bond of 100 percent of the entered value during the period of Presidential review.

The Commission found that the statutory requirements of section 337(g)(1 )(A)-(E) (19 U.S.C. § 1337(g)(I)(A)-(E)) were met with respect to the defaulting respondent. Accordingly, pursuant to section 337(g)(1) (19 U.S.C. § 1337(g)(1)) and Commission rule 210.16(c) (19 C.F.R § 210.16(c)), the Commission presumed the facts alleged in the complaint to be true.

The Commission has determined that the appropriate form of relief in this investigation is a limited exclusion order prohibiting the unlicensed entry of certain caskets that are manufactured abroad by or on behalf of, or imported by or on behalf of, respondent Aguilares by reason of infringement of claims 1, 13,27, and 44-53 U.S. Patent No. 5,611,124; claims 1,6,8, 9, 16, 17, 19, and 21 of U.S. Patent No. 5,727,291; claims 1 and 2 of U.S. Patent No. 6,836,936; claims 1,2,5-8, 11, and 12 of U.S. Patent No. 6,976,294; and claims 1,2,4, and 5 of U.S. Patent No. 7,340,810. The Commission further determined that the public interest factors enumerated in section 337(g)(I) (19 U.S.C. § 1337(g)(1)) do not preclude issuance of the limited exclusion order. Finally, the Commission determined that the bond for importation during the period of Presidential review shall be in the amount of 100 percent of the entered value of the imported subject articles. The Commission's order was delivered to the President and the United States Trade Representative on the day of its issuance.

2

The Commission has terminated this 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 sections 210.16(c) and 210.41 of the Commission's Rules of Practice and Procedure (19 C.F.R. §§ 210.16(c) and 210.41).

By order of the Commission.

,-~

Marilyn R. Secretary to the Commission

Issued: December 13, 2010

3

UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. 20436

CERTAIN CASKETS

Investigation No. 337- TA-725

In the Matter of

LIMITED EXCLUSION ORDER

The Commission has previously found Respondent Ataudes Aguilares, S. de RL. de

C.V., of Guadalajara, Mexico ("Ataudes Aguilares"), in default for failing to respond to a Notice

of Investigation and a Complaint that alleged a violation of section 337 of the Tariff Act of 1930

(19 U.S.C. § 1337) in the unlawful importation and sale of certain caskets by reason of

infringement of claims 1, 13,27, and 44-53 of US. Patent No. 5,611,124 ("the '124 patent");

claims 1,6,8,9, 16, 17, 19, and 21 of U.S. Patent No. 5,727,291 ("the '291 patent"); claims 1

and 2 of US. Patent No. 6,836,936 ("the '936 patent"); claims 1,2,5-8, 11, and 12 ofU.S.

Patent No. 6,976,294 ("the '294 patent"); and claims 1,2,4, and 5 of US. Patent No. 7,340,810

("the' 81 ° patent").

Having reviewed the record in this investigation, including the written submissions of the

parties, the Commission has made its determination on the issues of remedy, the public interest,

and bonding. The Commission has determined that the appropriate form of relief is a limited

exclusion order prohibiting the unlicensed entry of caskets that are covered by one or more of

claims 1, 13,27, and 44-53 of the '124 patent; claims 1,6,8,9, 16, 17, 19, and 21 of the '291

patent; claims 1 and 2 of the '936 patent; claims 1,2,5-8, 11, and 12 of the '294.patent; and

claims 1, 2, 4, and 5 of the' 81 ° patent, and that are manufactured abroad by or on behalf of, or

imported by or on behalf of, respondent Ataudes Aguilares ("Respondent").

The Commission has further determined that the public interest factors enumerated in 19 U.S.C. § 1337(g) do not preclude issuance of the limited exclusion order. Finally, the Commission has determined that the bond during the period of Presidential review shall be in the amount of 100% of the entered value of the articles in question.

Accordingly, the Commission hereby ORDERS THAT:

1. Caskets covered by oneot ri16re 6fclaitrts 1, 13, 27, and 44-53 of the' 124 patent;

:'claitns 1,6,8,9, 16, 17, 19, and 21 of the '291 paterii;claims 1 and 2 of the '936 patent; claims 1, 2, 5-8; 11, and 12 of the '294 patent; and claims 1, 2, 4, and 5 of the' 81 0 patent that are manufactured abroad or imported by or on behalf of Respondent, or any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns are excluded from entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, for the remaining term of the patent, except under license of the patent owner or as provided by law.

2. Notwithstanding paragraph 1 of this Order, the aforesaid products are entitled to

entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption, underbond in the amount of 100%·ofthe entered value of imported caskets, from the day after this Order is received by the United States Trade Representative as delegated by the President, 70 Fed. 'Reg. 43251 (July 21, 2005),Ulltil such time as the 'United States Trade Representative notifies the Commission that this action is approved or disapproved, but in any event, not later than sixty (60) days after the date of receipt of this action.

3. At the discretion of U.S. Customs and Border Protection (flCBPfI) and pursuant to

procedures it establishes, persons seeking to import caskets that are potentially subject to this

Order may be required to certify that they are familiar with the terms of this Order, that they have made appropriate inquiry, and thereupon state that, to the best of their knowledge and belief, the products being imported are not excluded from entry under paragraph 1 of this Order. At its discretion, CBP may require persons who have provided the certification described in this paragraph to furnish such recordsor analyses as are necessary to substantiate the certification.

4. In accordance-with 19 U.S.C. § 1337(1), the provisions of this Order shall not

(apply to caskets thatareimported by and for the use of the.United States.or imported for, and to be used for, the United States with the authorization or consent of the Government.

5. The Commission maymodify this Order in accordance with the procedures

described in Rule 210.76 of the Commission's Rules of Practice and Procedure, 19 C.F.R. § 210.76.

6. The Commission Secretary shall serve copies ofthis Order upon each party of

record in this investigation and upon the Department of Health and Human Services, the Department of Justice, the Federal Trade Commission, and CBP.

7. Notice of this Order shall be published in the Federal Register.

By order of the Commission.

Issued: December 13, 2010

Page 1 - Certificate of Service

CERTAIN CASKETS

337-TA-725

CERTIFICATE OF SERVICE

I, Marilyn R. Abbott, hereby certify that the attached NOTICE OF COMMISSION ISSUANCE OF A LIMITED EXCLUSION ORDER AGAINST INFRINGING PRODUCTS OF RESPONDENT FOUND IN DEFAULT; TERMINATION OF INVESTIGATION has been served by hand upon the Commission Investigative Attorney, Kevin G. Baer, Esq., and the following parties as indicated, on

December 13, 2010

.1lfj--++----+-o ~

Mari! R. Abbott, Secretary U.S. ternational Trade Commission 500 E Street, SW

Washington, DC 20436

On Behalf of Complainant Batesville Services, Inc.:

Brett A. Schatz, Esq.

WOOD, HERRON & EVANS, LLP 441 Vine Street, 2700 Carew Tower Cincinnati, OH 45202

( ) Via Hand Delivery ( ) yia Overnight Mail (0'Via First Class Mail

( ) Other: _

Respondent:

.. Ataudes Aguilares, S. de R.L. de C.v.

Volcan Osorno 5829 C.P. 44250 Huentitan EI Bajo

Guadalajara, Jal., Mexico

( ) Via Hand Delivery ( ) yia Overnight Mail ( ~Via First Class Mail ( ) INTERNATIONAL