UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C. 20436
In the Matter of
CERTAIN POOL CUES WITH
SELF-ALIGNING JOINT ASSEMBLIES
AND COMPONENTS THEREOF
Investigation No. 337-TA-536
NOTICE OF COMMISSION DECISION TO EXTEND THE DEADLINE
FOR DETERMINING WHETHER TO REVIEW
AN INITIAL DETERMINATION
AGENCY:
U.S. International Trade Commission.
ACTION:
Notice.
SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
determined to extend the deadline for determining whether to review the presiding administrative
law judge’s (“ALJ”) initial determination (“ID”) in the above-captioned investigation by 14
days, i.e., from Monday, October 3, 2005, until Monday, October 17, 2005.
FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C.
20436, telephone (202) 205-3041. 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
(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 the above-referenced
investigation under section 337 of the Tariff Act of 1930 on April 4, 2005, based on a complaint
filed by J. Pechauer Custom Cues, Inc. (“Pechauer”) of Green Bay, Wisconsin. 70 Fed. Reg.
7112. The complaint alleged infringement of U.S. Patent No. 6,582,317 (the ‘317 patent), in the
importation, sale for importation, and sale within the United States after importation of certain
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pool cues covered by all 29 claims of the ‘317 patent. The Commission named the following
companies as respondents in the investigation: Kaokao Industrial Co. LTD., aka Kaokao (Zhang
Zhou) Sports (“Kao Kao”) Equipment Co. Ltd. of Taiwan; CueStix International of Lafayette,
Colorado; Sterling Gaming of Matthews, North Carolina; CueSight of Matthews, North
Carolina; Imperial International of Hasbrouck Heights, New Jersey; Sigel’s Unlimited Cues &
Accessories of Winter Garden, Florida; Nick Varner Cues and Cases of Owensboro, Kentucky;
J-S Sales Co. Inc. of Elmsford, New York; and GLD Products of Muskego, Wisconsin.
On September 1, 2005, the ALJ issued an initial determination (“ID”) (Order No. 5)
granting Kao Kao’s motion for summary determination of noninfringement and finding that Kao
Kao’s accused pool cues do not satisfy two limitations in the two independent claims of the ‘317
patent. On September 7, 2005, complainant Pechauer filed a petition for review of the ALJ’s ID,
and on September 19, 2005, the Commission Investigative Attorney and Kao Kao filed
oppositions to Pechauer’s petition for review.
The Commission has determined to extend the 30-day deadline for determining whether
to review the final ID by 14 days, i.e., from Monday, October 3, 2005, until Monday, October
17, 2005.
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 section 210.42(h) of the
Commission’s Rules of Practice and Procedure (19 C.F.R. § 210.42(h)).
By order of the Commission.
Marilyn R. Abbott
Secretary to the Commission
Issued: September 22, 2005
