Certain Foundry Coke; Notice of a Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation and To Terminate the Investigation as to Certain Claims

Issuing agencies

Abstract

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's ("ALJ") initial determination ("ID") (Order No. 10) granting Complainants' motion to amend the Complaint and Notice of Investigation to assert claims 1-5 and 7-13 of U.S. Patent No. 12,600,915 ("the '915 patent") against Respondents MTX Group a.s., OKK Koksovny, a.s., METALIMEX a.s., METALIMEX Deutschland GmbH, and AMEX Coal Sp. z o.o. (collectively, "MTX Group"), and Complainants' motion to terminate the investigation as to all asserted claims of U.S. Patent No. 12,331,367 ("the '367 patent") with respect to all Respondents.

Full Text

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<title>Federal Register, Volume 91 Issue 215 (Monday, November 9, 2026)</title>
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[Federal Register Volume 91, Number 215 (Monday, November 9, 2026)]
[Notices]
[Page 70896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22730]



[[Page 70896]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1512]


Certain Foundry Coke; Notice of a Commission Determination Not To 
Review an Initial Determination Granting Complainants' Motion To Amend 
the Complaint and Notice of Investigation and To Terminate the 
Investigation as to Certain Claims

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 10) 
granting Complainants' motion to amend the Complaint and Notice of 
Investigation to assert claims 1-5 and 7-13 of U.S. Patent No. 
12,600,915 (``the '915 patent'') against Respondents MTX Group a.s., 
OKK Koksovny, a.s., METALIMEX a.s., METALIMEX Deutschland GmbH, and 
AMEX Coal Sp. z o.o. (collectively, ``MTX Group''), and Complainants' 
motion to terminate the investigation as to all asserted claims of U.S. 
Patent No. 12,331,367 (``the '367 patent'') with respect to all 
Respondents.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-2392. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#befbfaf7ed8df6dbd2cefecbcdd7cadd90d9d1c8"><span class="__cf_email__" data-cfemail="b3f6f7fae080fbd6dfc3f3c6c0dac7d09dd4dcc5">[email&#160;protected]</span></a>. General information concerning the Commission may 
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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 20, 2026, based on a complaint filed on behalf of SunCoke 
Technology and Development LLC and Jewell Coke Company L.P. 
(collectively, ``SunCoke''), both of Lisle, Illinois. 91 FR 45,282-283 
(July 20, 2026). The complaint, as supplemented, 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 foundry 
coke by reason of the infringement of certain claims of the '915 patent 
and the '367 patent. The complaint further alleges that an industry in 
the United States exists as required by the applicable Federal Statute. 
The Commission's notice of investigation names the following seven (7) 
respondents: MTX Group, a.s. of Prague, Czech Republic; OKK Koksovny, 
a.s. of Ostrava-P[rcaron][iacute]voz, Czech Republic; METALIMEX a.s. of 
Prague, Czech Republic; METALIMEX Deutschland GmbH of Duisburg, 
Germany; AMEX Coal Sp. z o.o. of Sopot, Poland; Italiana Coke S.r.l. of 
Genova, Italy; and Terminal Alti Fondali Savona S.r.l. of Savona, 
Italy. The Office of Unfair Import Investigations is not named as a 
party in this investigation.
    On September 21, 2026, SunCoke filed a motion to amend the 
Complaint and Notice of Investigation to assert claims 15 and 7-13 of 
the '915 patent against Respondents MTX Group and to terminate this 
investigation in part as to all asserted claims of the '367 patent with 
respect to all Respondents. No party opposed the motion.
    On October 5, 2026, the ALJ issued the subject ID (Order No. 10) 
granting SunCoke's motion to amend the Complaint and Notice of 
Investigation to add allegations of infringement of claims 1-5 and 7-13 
of the '915 patent against MTX Group and to terminate the investigation 
in part as to all asserted claims of the '367 patent with respect to 
all Respondents. The ID found SunCoke demonstrated good cause for 
amending the Complaint and Notice of Investigation and SunCoke's 
proposed amendments will not prejudice the public interest or the 
rights of the parties participating in this investigation. ID at 4. The 
ID also found the motion is unopposed, complies with the Commission's 
Rules, and that there are no extraordinary circumstances that prevent 
terminating the investigation as to all asserted claims of the '367 
patent. Id. at 4-5. No petitions for review were filed.
    The Commission has determined not to review the subject ID. The 
Notice of Investigation shall be amended to add allegations of 
infringement as to claims 1-5 and 7-13 of the '915 patent against MTX 
Group. Moreover, all claims, including claims 1-4, 7-10, 12, and 14-21, 
of the '367 patent are hereby terminated from the investigation.
    The Commission vote for this determination took place on November 
4, 2026.
    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 Part 210 of the Commission's Rules of Practice and Procedure, 19 CFR 
part 210.

    By order of the Commission.

    Issued: November 4, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-22730 Filed 11-6-26; 8:45 am]
BILLING CODE 7020-02-P


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