By Eric Schweibenz
On July 29, 2010, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination and Recommended Determination on Remedy and Bond (“ID”) in Certain Bulk Welding Wire Containers and Components Thereof and Welding Wire (Inv. No. 337-TA-686).

The Complainants in this investigation are The Lincoln Electric Company and Lincoln Global, Inc.  The Respondents are The ESAB Group, Inc. and Sidergas SpA.

According to the notice, ALJ Rogers determined that no violation of Section 337 had occurred by the Respondents by reason of infringement of U.S. Patent No. 6,708,864 (the ‘864 patent).

ALJ Rogers further determined that claim 3 of the ‘864 patent is invalid pursuant to 35 U.S.C. § 102(b).

In addition, ALJ Rogers determined that a domestic industry exists that practices the ‘864 patent.

Lastly, the notice issued by ALJ Rogers released only the conclusions of law from the ID.  We will provide additional information after the public version of the ID issues in its entirety.