UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, D.C.
`BEFORE THE HONORABLE PAUL J. LUCKERN
`
`ADMINISTRATIVE LAW JUDGE
`
`In the Matter of
`
`CERTAIN PLASTIC GROCERY AND
`RETAIL BAGS
`
`Inv. No. 337-TA-492
`
`JOINT MOTION TO TERMINATE
`
`THE INVESTIGATION AS TO PAN PACIFIC PLASTICS MFG., INC.
`ON THE BASIS OF A SETTLEMENT AGREEMENT
`
`Complainant Superbag Corp.
`
`(“Complainant” or “Superbag”) and Respondent Pan
`
`Pacific Plastics Mfg., Inc. (“Pan Pacific”) move, pursuant to 19 C.F.R. § 2l0.21(b), for an order
`
`terminating this investigation as to Respondent Pan Pacific based on the parties’ settlement
`
`agreement. The parties request that this Joint Motion be granted.
`
`1.
`
`The parties’ agreed Termination by Settlement Agreement is attached hereto as
`
`Exhibit 1. The Termination by Settlement Agreement submitted herewith represents the entire
`
`agreement between Superbag and Pan Pacific, and there are no other agreements, written or oral,
`
`express or implied, between Superbag and Pan Pacific concerning the subject matter of this
`
`investigation.
`
`2.
`
`Pan Pacific stipulates to the validity and enforceability of the ‘235 patent during
`
`the remaining life. Pan Pacific agrees that it will not seek to (or assist others, directly or
`
`indirectly, who seek to) challenge the validity or enforceability of the ‘235 patent
`
`in any
`
`administrative or judicial proceeding. Pan Pacific further agrees not to sell for import into the
`
`United States,
`
`to import
`
`into the United States, or to sell within the United States after
`
`importation any bags or bag packs covered by any of the claims of the ‘235 patent, or otherwise
`
`infringe the ‘235 patent during the remaining life of the ‘235 patent.
`
`
`
`WASHINGTON, D.C.
`BEFORE THE HONORABLE PAUL J. LUCKERN
`
`ADMINISTRATIVE LAW JUDGE
`
`In the Matter of
`
`CERTAIN PLASTIC GROCERY AND
`RETAIL BAGS
`
`Inv. No. 337-TA-492
`
`JOINT MOTION TO TERMINATE
`
`THE INVESTIGATION AS TO PAN PACIFIC PLASTICS MFG., INC.
`ON THE BASIS OF A SETTLEMENT AGREEMENT
`
`Complainant Superbag Corp.
`
`(“Complainant” or “Superbag”) and Respondent Pan
`
`Pacific Plastics Mfg., Inc. (“Pan Pacific”) move, pursuant to 19 C.F.R. § 2l0.21(b), for an order
`
`terminating this investigation as to Respondent Pan Pacific based on the parties’ settlement
`
`agreement. The parties request that this Joint Motion be granted.
`
`1.
`
`The parties’ agreed Termination by Settlement Agreement is attached hereto as
`
`Exhibit 1. The Termination by Settlement Agreement submitted herewith represents the entire
`
`agreement between Superbag and Pan Pacific, and there are no other agreements, written or oral,
`
`express or implied, between Superbag and Pan Pacific concerning the subject matter of this
`
`investigation.
`
`2.
`
`Pan Pacific stipulates to the validity and enforceability of the ‘235 patent during
`
`the remaining life. Pan Pacific agrees that it will not seek to (or assist others, directly or
`
`indirectly, who seek to) challenge the validity or enforceability of the ‘235 patent
`
`in any
`
`administrative or judicial proceeding. Pan Pacific further agrees not to sell for import into the
`
`United States,
`
`to import
`
`into the United States, or to sell within the United States after
`
`importation any bags or bag packs covered by any of the claims of the ‘235 patent, or otherwise
`
`infringe the ‘235 patent during the remaining life of the ‘235 patent.
`
`
`
`3.
`
`The parties agree that
`
`the termination of this investigation pursuant
`
`to the
`
`Termination by Settlement will not have any adverse effect on the public health and welfare
`
`and/or competitive conditions in the United States.
`
`4.
`
`The parties hereto respectfully submit
`
`that
`
`the requirements of 19 C.F.R.
`
`§210.21(b) are satisfied and respectfully requests that
`
`this Joint Motion to Terminate the
`
`Investigation as to Pan Pacific Plastics Mfg., Inc. on the Basis of a Settlement Agreement be
`
`granted.
`
`5.
`
`The parties further agree that an order of tennination herein does not constitute a
`
`detennination as to violation of Section 337 of the Tariff Act 0 1930.
`
`Respectfully submitted,
`
` Steven R. Borgman
`
`Stephen S. Hodgson VINSON & ELKINS L.L.P.
`
`2300 First City Tower
`1001 Fannin Street
`Houston, Texas 77002-6760
`Phone: 713-758-2002
`Facsimile: 713-615-5758
`ATTORNEYS FOR COMPLAINANT,
`SUPERBAG CORP.
`
`(415) 439-4868
`Phone:
`Fax:
`(415) 439-4968
`ATTORNEY FOR RESPONDENT,
`PAN PACIFIC PLASTICS MFG., INC.
`
`Page 2
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing Joint Motion to Terminate
`the Investigation as Pan Pacific Plastics Mfg., Inc. on the Basis of a Settlement Agreement was
`served by facsimile transmission, except as indicated below:
`
`Filed via EDIS
`
`Hon. Marilyn R. Abbott, Secretary United States
`International Trade Commission
`
`500 E Street, S.W., Room 112A
`
`Washington, DC 20436
`
`Two Copies by Hand Delivery
`The Honorable Paul J . Luckem
`U.S. Intemational Trade Commission
`
`500 E Street, S.W., Room 317
`
`Washington, D.C. 20436
`
`By Hand Delivery
`David H. Hollander, Jr., Esq.
`Office of Unfair Import Investigations
`U.S. Intemational Trade Commission
`
`500 E Street, S.W., Suite 401
`Washington, D.C. 20436
`
`John M. Peterson, Esq.
`Neville Peterson LLP
`
`1900 M Street, N.W., Suite 850
`
`Washington, D.C. 20036
`
`Karl G. Schwappach, Esq.
`Faegre & Benson LLP
`2200 Wells Fargo Center,
`90 South Seventh Street
`
`Minneapolis, MN 55402-3901
`
`David A. Belasco, Esq.
`Belasco Jacobs & Townsley, LLP
`100 Corporate Pointe, Suite 330
`Culver City, CA 90230
`
`5+
`on the Z’ day of January, 2004.
`
`1491277
`
`By Hand Delivery
`John Kao, Esq., Attomey at Law
`580 California Street, 5th Floor
`San Francisco, CA 94104-1000
`
`Joseph J. Zito, Esq.
`Zito & Grandinetti
`
`26005 Ridge Road, Suite 203
`Damascus, MD 20872
`
`Roger A. Gilcrest, Esq.
`Standley Law Group LLP
`495 Metro Place South, Suite 210
`Dublin, OH 43017-5315
`
`Via Air Mail
`Polson Products Limited
`
`Harbour Commercial Bldg 19/F
`122 Connaught Road Central
`Hong Kong
`
`Via Air Mail
`
`Nantong Huasheng Plastic
`Products Co.
`
`Jiangzao, Tongzhou City
`Jingsau Province 226315
`People’s Republic of China
`Via Air Mail
`
`Bee Lian Plastic Marketing
`PTE Ltd.
`
`67 Begonia Drive
`Singapore
`
`Stephen S. Hodgson
`
`Q
`
`Page 3
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`Before The Honorable Paul J. Luckern
`
`Administrative Law Judge
`
`
`In the Matter of
`
`1"“ N°- 337'TA'492
`
`
`
`CERTAIN PLASTIC GROCERY AND
`RETAIL BAGS
`
`
`
`TERMINATION BY SETTLEMENT AGREEMENT
`
`WHEREAS, Superbag Corp.
`
`(“Complainant”)
`
`filed a complaint with the U.S.
`
`Intemational Trade Commission (“Commission”) alleging unfair acts in the importation into the
`
`U.S., and sale in the US. after importation, of certain plastic grocery and retail bags that are
`
`alleged to infringe U.S. Patent No. 5,188,235 (“the ‘235 patent”); and
`
`WHEREAS, Complainant filed a complaint requesting an investigation of an alleged
`
`violation of 19 U.S.C. l337(a)(l)(A)(i) by Pan Pacific Plastics Mfg., Inc. (“Pan Pacific”) as a
`
`respondent in this proceeding; and
`
`WHEREAS, the Commission instituted this investigation under Section 337 of the Tariff
`
`Act of 1930, as amended, (19 U.S.C. § 1337) based upon the allegations in the complaint filed by
`
`Complainant;
`
`WHEREAS, Pan Pacific disputes all such allegations;
`
`NOW, THEREFORE, pursuant to Commission Rule 2l0.2l(b), Complainant and Pan
`
`Pacific stipulate and agree as follows in connection with their joint motion to terminate this
`
`investigation as to Pan Pacific based on settlement:
`
`1. Complainant and respondent Pan Pacific stipulate and agree to the entry of this
`
`Termination by Settlement Agreement.
`
`
`
`2.
`
`Pan Pacific stipulates to the validity and enforceability of the ‘235 patent during
`
`its remaining life. Pan Pacific agrees that it will not seek to (or assist others, directly or
`
`indirectly, who seek to) challenge the validity or enforceability of the ‘235 patent
`
`in any
`
`administrative or judicial proceeding. Pan Pacific further agrees not to sell for import into the
`
`United States,
`
`to import
`
`into the United States, or to sell within the United States after
`
`importation any bags or bag packs covered by any of the claims of the ‘235 patent, or otherwise
`
`infringe the ‘235 patent during the remaining life of the ‘235 patent.
`
`3.
`
`This Termination by Settlement Agreement represents the entire agreement
`
`between Superbag and Pan Pacific, and there are no other agreements, written or oral, express or
`
`implied, between Superbag and Pan Pacific conceming the subject matter of this investigation.
`
`4.
`
`Superbag agrees to reimburse Pan Pacific for reasonable travel expenses of
`
`counsel for Pan Plastics incurred in connection with the resolution of this matter in an amount of
`
`$5,000.00, payable forthwith.
`
`In light of the foregoing Termination by Settlement Agreement, the Administrative Law
`
`Judge hereby orders that this investigation be terminated as to Respondent Pan Pacific Plastics
`
`Mfg., Inc. and that Pan Pacific be excluded from any further remedial action taken by the
`
`Commission in this investigation.
`
`The Administrative Law Judge further orders that
`
`this
`
`termination does not constitute a determination as to violation of Section 337 of the Tariff Act of
`
`1930. Nothing in this Termination by Settlement Agreement, however, shall be construed as
`
`precluding further remedial action by the Commission in this investigation, including the grant of
`
`a general exclusion order covering all relevant plastic grocery and retail bags made, sold for
`
`import into the U.S., imported into the U.S., or sold in the U.S. after importation, including such
`
`Page 2
`
`
`
`bags made, imported into the U.S., sold for import into the U.S., or sold after import into the
`
`U.S. by Pan Pacific.
`
`IN WITNESS WHEREOF the undersigned of the United States International Trade
`
`Commission has hereunto set his hand on this
`
`day of
`
`, 2004.
`
`SO AGREED:
`
`Superbag Corp.,
`Complainant
`
`The Honorable Paul J. Luckem
`
`Administrative Law Judge
`
`Pan P ific Plastics Mfg., Inc.
`Respo dent
`
`
`Stephen S. Hodgson
`
` Steven R. Borgm
`
`VINSON & ELKINS L.L.P.
`
`2300 First City Tower
`1001 Fannin Street
`Houston, TX 77002-6760
`Phone: (713) 758-2002
`Facsimile: (713) 615-5758
`
`1491277_l .DOC
`
`580
`
`alifornia Street, 5th Floor
`
`San Francisco, CA 94104-1000
`Phone: (415) 439-4868
`Facsimile: (415)482-4968
`
`Page 3
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