UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN PERSONAL WATERCRAFT
`AND COMPONENTS THEREOF
`
`Investigation No. 337-TA-452
`
`a
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`NOTICE OF INVESTIGATION
`
`AGENCY: U.S. International Trade Commission
`
`ACTION: Institution of investigation pursuant to 19 U.S.C. Q 1337
`
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`SUMMARY: Notice is hereby given that a complaint was filed with the U.S.
`International Trade Commission on February 6, 2001, under section 337 of the
`Tariff Act of 1930, as amended, 19 U.S.C. Q 1337, on behalf of Yamaha
`Hatsudoki Kabushiki Kaisha, dba Yamaha Motor Company, Ltd. of Iwata,
`Japan and Sanshin Kohyo Kabushiki Kaisha, dba Sanshin Industries Company,
`Ltd. of Hamamatsu, Japan. A supplement to the complaint was filed on
`February 26, 2001. The complaint, as supplemented, alleges violations of
`section 337 in the importation into the United States, the sale for importation,
`and the sale within the United States after importation of certain personal
`watercraft and components thereof by reason of infringement of claims 1 - 5 and
`9 - 12 of U.S. Letters Patent 5,752,867; claims 1, 2, 3, 8, 11, 15, 18, 19, 21,
`22, 41, 42, and 43 of U.S. Letters Patent 5,490,474; claims 1 - 11 of U.S.
`Letters Patent 5,619,950; claims 23 - 27 and 36 - 40 of U.S. Letters Patent
`5,234,364; claims 19 - 24 of U.S. Letters Patent 5,572,943; claims 1, 2, 11,
`12, 13, 16, 17, 19, 20, and 21 of U.S. Letters Patent 5,699,749; claim 9 of
`U.S. Letters Patent 5,550,337; claim 24 of U.S. Letters Patent 4,811,560;
`claim 1 of U.S. Letters Patent 4,813,898; claims 23, 40, and 41 of U.S. Letters
`Patent 5,390,621; and claims 1 - 9 of U. S. Letters Patent 4,949,684. The
`complaint further alleges that there exists an industry in the United States as
`required by subsection (a)(2) of section 337.
`
`The complainants request that the Commission institute an investigation
`and, after the investigation, issue a permanent exclusion order and a permanent
`cease and desist order.
`
`

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`2
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`ADDRESSES: The complaint, except for any confidential information
`contained therein, is 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., Room 112, Washington, D.C. 20436,
`telephone 202-205-2000. Hearing-impaired individuals are advised that
`information on this matter can be obtained by contacting the Commission's
`TDD terminal on 202-205-1810. Persons with mobility impairments who will
`need special assistance in gaining access to the Commission should contact the
`Office of the Secretary at 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-ON-LINE) at
`http : //dockets .usitc. gov/eol/public.
`
`FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq.,
`Office of Unfair Import Investigations, U. S. International Trade Commission,
`telephone 202-205-2575.
`
`AUTHORITY: The authority for institution of this investigation is contained in
`section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the
`Commission's Rules of Practice and Procedure, 19 C.F.R. 0 210.10 (2000).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
`International Trade Commission, on March 8, 2001, ORDERED THAT --
`
`(1)
`
`Pursuant to subsection (b) of section 337 of the Tariff Act of
`1930, as amended, an investigation be instituted to determine
`whether there is a violation of subsection (a)( 1)(B) of section 337
`in the importation into the United States, the sale for importation,
`or the sale within the United States after importation of certain
`personal watercraft or components thereof by reason of
`infringement of claims 1 - 5 or 9 - 12 of U.S. Letters Patent
`5,752,867; claims 1 - 3, 8, 11, 15, 18, 19, 21, 22, 41, 42, or 43
`of U.S. Letters Patent 5,490,474; claims 1 - 11 of U.S. Letters
`Patent 5,619,950; claims 23 - 27 or 36 - 40 of U.S. Letters
`Patent 5,234,364; claims 19 - 24 of U.S. Letters Patent
`5,572,943; claims 1, 2, 11, 12, 13, 16, 17, 19, 20, or 21 of
`U.S. Letters Patent 5,699,749; claim 9 of U.S. Letters Patent
`5,550,337; claim 24 of U.S. Letters Patent 4,811,560; claim 1 of
`U.S. Letters Patent 4,813,898; claims 23, 40, or 41 of U.S.
`Letters Patent 5,390,621; or claims 1 - 9 of U. S. Letters Patent
`4,949,684; and whether there exists an industry in the United
`States as required by subsection (a)(2) of section 337.
`
`

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`3
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`(2)
`
`For the purpose of the investigation so instituted, the following
`are hereby named as parties upon which this notice of
`investigation shall be served:
`
`(a)
`
`The complainants are --
`
`Yamaha Hatsudoki Kabushiki Kaisha,
`dba Yamaha Motor Company, Ltd.
`2500 Shingai, Iwata,
`Shizuoka 438-8501, Japan
`
`Sanshin Kohyo Kabusliiki Kaisha,
`dba Sanshin Industries Company, Ltd.
`1400 Nipashi, Hamamatsu,
`Shizuoka 432-8528, Japan
`
`(b)
`
`The respondents are the following companies alleged to be
`in violation of section 337, and are the parties upon which
`the complaint is to be served:
`
`Bombardier Inc.
`800 Rene-Levesque Blvd. West
`Montreal, Quebec
`Canada H3B 1Y8
`
`Bombardier Motor Corporation of America
`7575 Bombardier Court
`P.O. Box 8035
`Wausau, Wisconsin 54402-8035
`
`(c)
`
`T. Spence Chubb, Esq., Office of Unfair Import
`Investigations, U.S. International Trade Commission, 500
`E Street, S.W., Room 401-F, Washington, D.C. 20436,
`who shall be the Commission investigative attorney, party
`to this investigation; and
`
`(3)
`
`For the investigation so instituted, the Honorable Debra Morriss
`is designated as the presiding administrative law judge.
`
`Responses to the complaint and the notice of investigation must be
`submitted by the named respondents in accordance with section 210.13 of the
`Commission's Rules of Practice and Procedure, 19 C.F.R. 6 210.13. Pursuant
`to 19 C.F.R. 08 201.16(d) and 210.13(a), such responses will be considered by
`
`

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`4
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`the Commission if received no later than 20 days after the date of service by the
`Commission of the complaint and notice of investigation. Extensions of time
`for submitting responses to the complaint will not be granted unless good cause
`therefor is shown.
`
`Failure of a respondent to file a timely response to each allegation in the
`complaint and in this notice may be deemed to constitute a waiver of the right to
`appear and contest the allegations of the complaint and this notice, and to
`authorize the administrative law judge and the Commission, without further
`notice to the respondent, to find the facts to be as alleged in the complaint and
`this notice and to enter both an initial determination and a final determination
`containing such findings, and may result in the issuance of a limited exclusion
`order or a cease and desist order or both directed against such respondent.
`
`By order of the Commission.
`
`Issued: March 9, 2001
`
`Donna R. Koehnke
`Secretary
`
`

`
`CERTAIN PERSONAL WATERCRAFT AND COMPONENTS THEREOF
`
`337-TA-452
`
`CERTIFICATE OF SERVICE
`
`I, Donna R. Koehnke, hereby certify that the attached NOTICE OF INSTITUTION AND COMPLAINT was
`served on the Commission Investigative Attorney, T. Spence Chubb, Esq., and all parties via first class mail and air
`mail where necessary on March 9, 200 1.
`
`COMPLAINANTS:
`
`Yamaha Hatsudoki Kabushiki Kaisha
`dba Yamaha Motor Company Limited
`2500 Shingai, Iwata
`Shizuoka 43 8-850 1, Japan
`
`Sanshin Kogyo Kabushiki Kaisha,
`dba Sanshin Industries Company, Limited
`1400 Nippashi, Hamamatsu
`Shizuoka 432-8528, Japan
`
`Bombardier Motor Corporation of America
`7575 Bombardier Court
`P.O. Box 8035
`Wausau, Wisconsin 54402-803 5
`
`EMBASSY:
`
`Embassy of Canada
`501 Pennsylvania Avenue, NW
`Washington, DC 20001
`ATTN: Chancery
`
`COUNSEL FOR COMPLAINANTS:
`
`GOVERNMENT AGENCIES:
`
`James F. Lesniak, Esq.
`John B. Sganga, Jr., Esq.
`Craig S. Summers, Esq.
`Knobbe Martens Olson and Bear LLP
`
`620 Newport Center Drive - 16* Floor
`
`Newport Beach, CA 92660
`
`Charles F. Schill, Esq.
`Larry L. Shatzer, 11, Esq.
`George C. Beck, Esq.
`Foley and Lardner
`Washington Harbor, Suite 500
`3000 K Street, NW
`Washington, DC 20007-5 109
`
`Theodore C. Whitehouse, Esq.
`Willikie Farr and Gallagher
`Three Lafayette Centre
`1155 21'' Street, NW
`Washington, DC 20036-3384
`
`RESPONDENTS:
`
`Bombardier Incorporated
`800 Rene-Levesque Blvd. West
`Montreal, Quebec, Canada H3B 1Y8
`
`Randy Tritell, Esq.
`Director for International Antitrust
`Federal Trade Commission
`Room 380
`Pennsylvania Avenue and Sixth Street, NW
`Washington, DC 20580
`
`,
`
`Richard Lambert, Esq.
`Office of the General Counsel
`National Institute of Health
`Bldg. 3 1, Room 2B50
`9000 Rochille Pike
`Bethesda, MD 20892-2 11 1
`
`Joanne Stump, Chief
`Intellectual Property Rights Branch
`U.S. Customs Service
`Ronald Reagan Building - 31d Floor
`13 00 Pennsylvania Avenue, NW
`Washington, DC 20229
`
`

`
`CERTAIN PERSONAL WATERCRAFT AND
`COMPONENTS THEREOF
`
`CERTIFICATE OF SERVICE
`337-TA-452
`Page Two
`
`GOVERNMENT AGENCIES CONT’D:
`
`Charles S. Stark, Esq.
`Antitrust Division
`U.S. Department of Justice
`Room 3264, Main Justice
`Pennsylvania Avenue & Tenth Street, NW
`Washington, DC 20530
`
`Donna RTKoehnke, Secretary
`U.S. International Trade Commission
`500 E Street, SW - Room 112
`Washington, DC 20436
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TIRADE COMMISSION
`
`WASHINC,"TON. DC. 20436
`
`March 8, 2001
`
`Sanshin Kogyo Kabushiki Kaisha
`dba Sanshin industries Company, Ltd.
`1400 Nipashi, Hamamatsu
`Shizuoka 432-8528, Japan
`
`Re: Institution of Commission Investigation No. 337-TA-452
`
`Dear Sir/Madam:
`
`This letter is to advise you that the U.S. International Trade
`Commission has instituted an investigation pursuant to section 337 of
`the Tariff Act of 1930 (19 U.S.C. 1337). A copy of the Commission's
`notice of investigation is enclosed.
`
`Sincerely,
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1, Notice of Investigation
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGIDN, DC. 20436
`
`March 9, 2001
`
`Theodore C. Whitehouse, Esq.
`Willkie Farr and Gallagher
`Three Lafayette Centre
`1155 21" Street, NW
`Washington, DC 20036-3384
`
`Re: Certain Personal Watercraft and
`Components Thereof
`lnvestig ati on No. 3 37 -TA*4 5 2
`
`Dear Mr. Whitehouse:
`
`This letter is to advise you that the U.S. International Trade
`Commission has instituted an investigation pursuant to section 337 of
`the Tariff Act of 1930 (1 9 U.S.C. 1337). A copy of the Commission's
`notice of investigation is enclosed.
`
`Sincerely yours,
`
`n
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1. Notice of investigation
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC. 20436
`March 9, 2001
`
`Charles F. Schill, Esq.
`Foley and Lardner
`Washington Harbor, Suite 500
`3000 K Street, N W
`Washington, DC 20007-51 09
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation No. 337-TA-452
`
`Dear Mr. Schill:
`
`This letter is to advise you that the U.S. International Trade
`Commission has instituted an investigation pursuant to section 337 of
`the Tariff Act of 1930 (1 9 U.S.C. 1337). A copy of the Commission's
`notice of investigation is enclosed.
`
`Since re1 y yours, & e.&
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1. Notice of investigation
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGKIN, DC. 20436
`
`March 9, 2001
`
`Yamaha Hatsudoki Kabushiki Kaisha,
`dba Yamaha Motor Company, Ltd.
`2500 Shingai, lwata
`Shizuoka 438-8501, Japan
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation No. 337-TA-452
`
`Dear Sir /M ad am :
`
`This letter is to advise you that the U.S. International Trade
`Commission has instituted an investigation pursuant to section 337 of
`the Tariff Act of 1930 (1 9 U.S.C. 1337). A copy of the Commission's
`notice of investigation is enclosed.
`
`Sincerely yours,
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1. Notice of investigation
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`-~ -
`WASHINGTON DC. 20436
`
`March 9, 2001
`
`James F. Lesniak, Esq.
`Knobbe, Martens, Olson
`and Bear, LLP
`620 Newport Center Drive, 16'h Floor
`Newport Beach, CA 92660
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation No. 337-TA-452
`
`Dear Mr. Lesniak:
`
`This letter is to advise you that the U.S. International Trade
`Commission has instituted an investigation pursuant to section 337 of
`the Tariff Act of 1930 (1 9 U.S.C. 1337). A copy of the Commission's
`notice of investigation is enclosed.
`
`Sincerely yours, & I?-&
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1. Notice of investigation
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC. 20436
`
`March 9, 2001
`
`Bombardier Inc.
`800 Rene-Levesque Boulevard West
`Montreal, Quebec, Canada H3B 1Y8
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation No. 337-TA-452
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade
`Commission has instituted an investigation under section 337 of the
`Tariff Act of 1930 (1 9 U.S.C. 1337). One of the party-respondents
`named in the investigation is Bombardier, Inc.
`
`We are hereby serving you with a copy of the complaint filed in this
`case. We are also enclosing copies of the section 337 of the Tariff Act
`of 1930, the Commissions notice of investigation issued in this matter,
`and the Commission's Rules af Practice and Procedure.
`
`Please note that the notice requires a response to the allegations in the
`complaint and the response must be received not later than twenty (20)
`days after the date of service of the complaint. Failure to file a
`response may result in inferences being drawn against your interests.
`
`L
`
`Sincerely yours,
`.
`R
`Donna R. Koehnke
`Secretary
`
`W
`
`
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3 Commission Rules of Practice and Procedure
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC. 20436
`March 9, 2001
`
`Bombardier Motor Corporation of America
`7575 Bombardier Court
`Wausau, Wisconsin 54402-8035
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation No. 337-TA-452
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade
`Commission has instituted an investigation under section 337 of the
`Tariff Act of 1930 (1 9 U.S.C. 1337). One of the party-respondents
`named in the investigation is Bombardier Motor Corporation of America.
`
`We are hereby serving you with a copy of the complaint filed in this
`case. We are also enclosing copies of the section 337 of the Tariff Act
`of 1930, the Commissions notice of investigation issued in this matter,
`and the Commission's Rules of Practice and Procedure.
`
`Please note that the notice requires a response to the allegations in the
`complaint and the response must be received not later than twenty (20)
`days after the date of service of the complaint. Failure to file a
`response may result in inferences being drawn against your interests.
`
`oc&kwM R
`
`Sincerely yours,
`
`.
`
`d
`
`
`
`Donna R. Koehnke
`Secretary
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`3 Commission Rules of Practice and Procedure
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TRADE COMMISSIQN
`
`WASHINGTON. D.C. 20438
`
`March 9, 2001
`
`Embassy of Canada
`501 Pennsylvania Avenue, NW
`Washington, D.C. 20001
`ATTN: Chancery
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation Number: 337-TA-452
`Dear S ir/M ad am :
`
`This letter is to advise you that the U.S. international Trade
`Commission has instituted an investigation under section 337 of the
`Tariff Act of 1930 (1 9 U.S.C. 1337). One or more of the party-
`respondents named in the investigation is located in Canada.
`
`Pursuant to Commission rule 21 0.1 1 (a)(3), we are hereby serving you
`with a copy of the complaint filed in this investigation together with a
`copy of the Commission's notice of investigation.
`
`Since rei y ,
`
`n
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1. Complaint
`2. Notice of Investigation
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON. BC. 20436
`
`March 9, 2001
`
`Randy Tritell, Esq.
`Director for International
`Antitrust
`Federal Trade Commission
`Room 380
`Pennsylvania Avenue & Sixth Street, NW
`Washington, DC 20580
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation No. 337-TA-452
`
`Dear Mr. Tritell:
`
`The Commission has instituted an investigation under section 337 of
`the Tariff Act of 1930 (19 U.S.C. § 1337). A copy of the notice of
`investigation is enclosed. Nonconfidential copies of the complaint and
`any supplements filed in this investigation, will be provided upon
`request. Such requests should be directed to Marilyn R. Abbott, Deputy
`Secretary at (202) 205-1 802.
`
`If you have questions concerning this investigation, please contact the
`Commission investigative attorney whose name and telephone number
`appear in the enclosed notice.
`
`Sincerely, &
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1. Notice of investigation
`
`

`
`OFFICE OF THE SECRETARY
`
`UNITED STATES INTERNATIONAL TRADE CQMMISSION
`
`WASHINGTON, DC. 20438
`
`March 9, 2001
`
`Richard Lambert, Esq.
`Office of the General Counsel
`National Institute of Health
`Bldg. 31, Room 2B50
`9000 Rockville Pike
`Bethesda M D 20892-21 11
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation No. 337-TA-452
`
`Dear Mr. Lambert:
`
`The Commission has instituted an investigation under section 337 of
`the Tariff Act of 1930 (19 U.S.C. 5 1337). A copy of the notice of
`investigation is enclosed. Nonconfidential copies of the complaint and
`any supplements filed in this investigation, will be provided upon
`request. Such requests should be directed to Marilyn R. Abbott, Deputy
`Secretary at (202) 205-1 802.
`
`If you have questions concerning this investigation, please contact the
`Commission investigative attorney whose name and telephone number
`appear in the enclosed notice.
`
`Sincerely,
`
`n
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`~
`
`WASHINGTON, D.C. 20436
`
`March 9, 2001
`
`Charles S. Stark, Esq.
`Antitrust Division
`U.S. Department of Justice
`Room 3264, Main Justice
`Pennsylvania Avenue & Tenth Street, NW
`Washington, DC 20530
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation No. 337-TA-452
`
`Dear Mr. Stark:
`
`The Commission has instituted an investigation under section 337 of
`the Tariff Act of 1930 (1 9 U.S.C. § 1337). A copy of the notice of
`investigation is enclosed. Nonconfidential copies of the complaint and
`any supplements filed in this investigation, will be provided upon
`request, Such requests should be directed to Marilyn R. Abbott, Deputy
`Secretary at (202) 205-1 802.
`
`If you have questions concerning this investigation, please contact the
`Commission investigative attorney whose name and telephone number
`appear in the enclosed notice.
`
`Sincerely,
`
`A
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, D.C. 20438
`
`March 9, 2001
`
`Joanne Stump, Chief
`Intellectual Property Rights Branch
`U.S. Customs Service
`Ronald Reagan Building, 3rd Floor
`1300 Pennsylvania Avenue, N W
`Washington, DC 20229
`
`Re: Certain Personal Watercraft and
`Components Thereof
`Investigation No. 337-TA-452
`
`Dear Ms. Stump:
`
`The Commission has instituted an investigation under section 337 of
`the Tariff Act of 1930 (19 U.S.C. § 1337). A copy of the notice of
`investigation is enclosed. Nonconfidential copies of the complaint and
`any supplements filed in this investigation, will be provided upon
`request. Such requests should be directed to Marilyn R. Abbott, Deputy
`Secretary at (202) 205-1 802.
`
`If you have questions concerning this investigation, please contact the
`Commission investigative attorney whose name and telephone number
`appear in the enclosed notice.
`
`Sincerely,
`
`n
`
`Donna R. Koehnke
`Secretary
`
`Enclosure:
`1. Notice of Investigation