In Re Bally Gaming, Inc.

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit IN RE BALLY GAMING, INC. 20 1 1- 1 1 32 (Reexarninati0n No. 90/0U6,601) Appea1 from the United States Patent and Traden1a1'k Office, Board of Patent Appeals and Interferences. ON MOTION ORDER Ba1ly Gan1ing, Inc. moves with the consent of the United States Patent and Traden1ark Off1ce for a 25-day extension of time, until July 15, 2011, to file its reply brief Upon consideration thereof, IT IS ORDERED TH.ATZ The motion is granted HOME PRODUCTS V. US 2 Home Products International, Inc. (Home Products) moves to summarily reverse the judgment of the United States Court of lnternational Trade in this case due to this court's recent decision in Home Prods. Int’l, Inc v. United States, 633 F.3d 1369 (Fed. Cir. 2011) (hereinafter Home Pr0ds. I) and to remand for further proceedings. The United StateS does not oppose summary disposition but moves for vacatur rather than reversal. Home Prod- ucts replies. This appeal concerns an antidumping duty order cov- ering floor-standing, metal-top ironing tables and certain parts thereof from the People’s Republic of China. Com- merce determined that Since Hardware (Guangzhou) Co. Ltd. (Since Hardware) and other Chinese exporters were selling ironing tables in the United States at less than fair value, and the International Trade Commission found material injury. Thereafter, in the first and second administrative reviews of that antidumping order, Com- merce calculated dumping margins for Since Hardware. Because the agency considered those margin percentage determinations de minimis, Commerce did not impose any antidumping duties on Since Hardware for these review periods. Home Products, an American manufacturer of iron tables, initiated actions in the Trade Court challenging the results of Commerce’s first and second administrative review. This appeal stems from Home Products challenge to Commerce’s first administrative review, while Home Products’ appeal from the Trade Court’s decision in the second administrative review gave rise to Home Prods. I. While these challenges were pending, Commerce con- ducted its third administrative review of the same anti- dumping order. During that proceeding, new evidence was brought to light that indicated Since Hardware had