80_FR_13679 80 FR 13629 - Certain Toy Figurines and Toy Sets Containing the Same

80 FR 13629 - Certain Toy Figurines and Toy Sets Containing the Same

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 50 (March 16, 2015)

Page Range13629-13630
FR Document2015-05920

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 6, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of LEGO A/S of Denmark; LEGO System A/S of Denmark; and LEGO Systems, Inc. of Enfield, Connecticut.

Federal Register, Volume 80 Issue 50 (Monday, March 16, 2015)
[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Notices]
[Pages 13629-13630]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05920]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-948]


Certain Toy Figurines and Toy Sets Containing the Same

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 6, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
LEGO A/S of Denmark; LEGO System A/S of Denmark; and LEGO Systems, Inc. 
of Enfield, Connecticut.

SUPPLEMENTARY INFORMATION: Letters supplementing the complaint were 
filed on February 18, 2015 and March 10, 2015. The complaint, as 
supplemented, alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain toy 
figurines and

[[Page 13630]]

toy sets containing the same by reason of infringement of U.S. Design 
Patent No. D682,367 (``the '367 patent''); U.S. Design Patent No. 
D678,432 (``the '432 patent''); U.S. Design Patent No. D689,568 (``the 
'568 patent''); U.S. Design Patent No. D672,413 (``the '413 patent''); 
U.S. Copyright Registration No. VA 1-876-291 (``the '291 copyright''); 
U.S. Copyright Registration No. VA 1-876-279 (the '279 copyright''); 
U.S. Copyright Registration No. VA 1-876-378 (``the '378 copyright''); 
and U.S. Copyright Registration No. VA 1-876-373 (``the '373 
copyright''). The complaint further alleges that an industry in the 
United States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

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 SW., Room 112, Washington, 
DC 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) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 CFR 210.10 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 10, 2015, 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 toy 
figurines and toy sets containing the same by reason of infringement of 
one or more of the claim of the '367 patent; the claim of the '432 
patent; the claim of the '568 patent; the claim of the '413 patent; the 
'291 copyright; the '279 copyright; the '378 copyright; and the '373 
copyright, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (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:

LEGO A/S, Aastvej 1, DK-7190, Billund, Denmark.
LEGO System A/S, Aastvej 1, DK-7190, Billund, Denmark.
LEGO Systems, Inc., 555 Taylor Road, Enfield, CT 06082.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

La Rose Industries LLC d/b/a CRA-Z-Art, 1578 Sussex Turnpike, Randolph, 
NJ 07869.
MEGA Brands, Inc., 4505 Hickmore, Montreal, Quebec, Canada H4T 1K4.
Best-Lock Construction Toys, Inc., Suite 300, Rivergate Plaza, 444 
Brickell Avenue, Miami, FL 33131.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate 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 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation 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 an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 11, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-05920 Filed 3-13-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                                             Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices                                                   13629

                                               Capital and startup costs include,                      review an initial determination (‘‘ID’’)              America, Inc., of Redmond, Washington
                                               among other items, computers and                        (Order No. 78) of the presiding                       (collectively, ‘‘Respondents’’).
                                               software that you purchase to prepare                   administrative law judge (‘‘ALJ’’)                       On January 29, 2015, Spansion and
                                               for collecting information and                          granting a joint motion by complainant                Respondents filed a joint motion to
                                               monitoring, sampling, and testing                       and respondents to terminate the                      terminate the investigation in its
                                               equipment, and record-storage facilities.               investigation in its entirety based upon              entirety based upon the execution of a
                                               Generally, your estimates should not                    settlement.                                           settlement agreement. On February 9,
                                               include equipment or services                           FOR FURTHER INFORMATION CONTACT:                      2015, the Commission investigative
                                               purchased (i) before October 1, 1995; (ii)              Panyin A. Hughes, Office of the General               attorney filed a response in support of
                                               to comply with requirements not                         Counsel, U.S. International Trade                     termination. No other responses to the
                                               associated with the information                         Commission, 500 E Street SW.,                         motion were filed.
                                               collection; (iii) for reasons other than to             Washington, DC 20436, telephone (202)                    On February 11, 2015, the ALJ issued
                                               provide information or keep records for                 205–3042. Copies of non-confidential                  the subject ID, granting the joint motion
                                               the Federal Government; or (iv) as part                 documents filed in connection with this               to terminate the investigation in its
                                               of customary and usual business or                      investigation are or will be available for            entirety. The ALJ found that the
                                               private practices.                                      inspection during official business                   settlement agreement complies with the
                                                  We will summarize written responses                  hours (8:45 a.m. to 5:15 p.m.) in the                 requirements of Commission Rule
                                               to this notice and address them in our                  Office of the Secretary, U.S.                         210.21(b) (19 CFR 210.21(b)) and that
                                               ICR submission for OMB approval,                        International Trade Commission, 500 E                 terminating Respondents from the
                                               including appropriate adjustments to                    Street SW., Washington, DC 20436,                     investigation would not be contrary to
                                               the estimated burden. We will provide                   telephone (202) 205–2000. General                     the public interest. None of the parties
                                               a copy of the ICR to you, free of charge,               information concerning the Commission                 petitioned for review of the ID.
                                               upon request. We also will post the ICR                 may also be obtained by accessing its                    The Commission has determined not
                                               at http://www.onrr.gov/Laws_R_D/                        Internet server at http://www.usitc.gov.              to review the ID.
                                               FRNotices/ICR0103.htm.                                  The public record for this investigation                 The authority for the Commission’s
                                                  Public Comment Policy: ONRR will                     may be viewed on the Commission’s                     determination is contained in section
                                               post all comments, including names and                  electronic docket (EDIS) at http://                   337 of the Tariff Act of 1930, as
                                               addresses of respondents at http://                     edis.usitc.gov. Hearing-impaired                      amended (19 U.S.C. 1337), and in
                                               www.regulations.gov. Before including                   persons are advised that information on               section 210.42 of the Commission’s
                                               Personally Identifiable Information (PII),              this matter can be obtained by                        Rules of Practice and Procedure (19 CFR
                                               such as your address, phone number,                     contacting the Commission’s TDD                       210.42).
                                               email address, or other personal                        terminal on (202) 205–1810.                             By order of the Commission.
                                               information in your comment(s), you                     SUPPLEMENTARY INFORMATION: The                          Issued: March 10, 2015.
                                               should be aware that your entire                        Commission instituted this investigation              Lisa R. Barton,
                                               comment (including PII) may be made                     on September 9, 2013, based on a                      Secretary to the Commission.
                                               available to the public at any time.                    complaint filed by Spansion, LLC of                   [FR Doc. 2015–05812 Filed 3–13–15; 8:45 am]
                                               While you may ask us, in your                           Sunnyvale, California (‘‘Spansion’’). The
                                               comment, to withhold PII from public                                                                          BILLING CODE 7020–02–P
                                                                                                       complaint alleged violations of section
                                               view, we cannot guarantee that we will                  337 of the Tariff Act of 1930, as
                                               be able to do so.                                       amended, 19 U.S.C. 1337, in the                       INTERNATIONAL TRADE
                                                 Dated: March 3, 2015.                                 importation into the United States, the               COMMISSION
                                               Gregory J. Gould,                                       sale for importation, and the sale within
                                                                                                       the United States after importation of                [Investigation No. 337–TA–948]
                                               Director, Office of Natural Resources
                                               Revenue.                                                certain flash memory chips and
                                                                                                                                                             Certain Toy Figurines and Toy Sets
                                               [FR Doc. 2015–05854 Filed 3–13–15; 8:45 am]             products containing the same by reason
                                                                                                                                                             Containing the Same
                                               BILLING CODE 4335–30–P                                  of infringement of certain claims of U.S.
                                                                                                       Patent Nos. 6,900,124; 7,018,922;                     AGENCY: U.S. International Trade
                                                                                                       6,369,416; 7,151,027; 6,459,625; and                  Commission.
                                               INTERNATIONAL TRADE                                     6,731,536. See 78 Fed. Reg. 55095 (Sept.              ACTION: Notice.
                                               COMMISSION                                              9, 2013). The notice of investigation
                                                                                                       named the following respondents:                      SUMMARY:   Notice is hereby given that a
                                               [Investigation No. 337–TA–893]                          Macronix International Co, Ltd., of                   complaint was filed with the U.S.
                                                                                                       Hsin-chu, Taiwan; Macronix America,                   International Trade Commission on
                                               Certain Flash Memory Chips and                          Inc., of Milpitas, California; Macronix               February 6, 2015, under section 337 of
                                               Products Containing the Same                            Asia Limited of Kanagawa Pref., Japan;                the Tariff Act of 1930, as amended, 19
                                               Commission Determination Not To                         Macronix (Hong Kong) Co., Ltd., of Sha                U.S.C. 1337, on behalf of LEGO A/S of
                                               Review an Initial Determination                         Tin, N.T., Hong Kong; Acer Inc. of New                Denmark; LEGO System A/S of
                                               Granting a Joint Motion To Terminate                    Taipei City, Taiwan; Acer America                     Denmark; and LEGO Systems, Inc. of
                                               the Investigation in Its Entirety Based                 Corporation of San Jose, California;                  Enfield, Connecticut.
                                               Upon Settlement; Termination of the                     ASUSTek Computer Inc. of Taipei,                      SUPPLEMENTARY INFORMATION: Letters
                                               Investigation                                           Taiwan; Asus Computer International of                supplementing the complaint were filed
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                                               AGENCY: U.S. International Trade                        Fremont, California; Belkin                           on February 18, 2015 and March 10,
                                               Commission.                                             International, Inc., of Playa Vista,                  2015. The complaint, as supplemented,
                                               ACTION: Notice.                                         California; D-Link Corporation of Taipei              alleges violations of section 337 based
                                                                                                       City, Taiwan; D-Link System, Inc., of                 upon the importation into the United
                                               SUMMARY:   Notice is hereby given that                  Fountain Valley, California; Netgear                  States, the sale for importation, and the
                                               the U.S. International Trade                            Inc., San Jose, California; Nintendo Co.,             sale within the United States after
                                               Commission has determined not to                        Ltd., of Kyoto, Japan; and Nintendo of                importation of certain toy figurines and


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                                               13630                         Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Notices

                                               toy sets containing the same by reason                  section 337 in the importation into the               allegations of the complaint and this
                                               of infringement of U.S. Design Patent                   United States, the sale for importation,              notice, and to authorize the
                                               No. D682,367 (‘‘the ’367 patent’’); U.S.                or the sale within the United States after            administrative law judge and the
                                               Design Patent No. D678,432 (‘‘the ’432                  importation of certain toy figurines and              Commission, without further notice to
                                               patent’’); U.S. Design Patent No.                       toy sets containing the same by reason                the respondent, to find the facts to be as
                                               D689,568 (‘‘the ’568 patent’’); U.S.                    of infringement of one or more of the                 alleged in the complaint and this notice
                                               Design Patent No. D672,413 (‘‘the ’413                  claim of the ’367 patent; the claim of the            and to enter an initial determination
                                               patent’’); U.S. Copyright Registration                  ’432 patent; the claim of the ’568 patent;            and a final determination containing
                                               No. VA 1–876–291 (‘‘the ’291                            the claim of the ’413 patent; the ’291                such findings, and may result in the
                                               copyright’’); U.S. Copyright Registration               copyright; the ’279 copyright; the ’378               issuance of an exclusion order or a cease
                                               No. VA 1–876–279 (the ’279                              copyright; and the ’373 copyright, and                and desist order or both directed against
                                               copyright’’); U.S. Copyright Registration               whether an industry in the United                     the respondent.
                                               No. VA 1–876–378 (‘‘the ’378                            States exists as required by subsection                 By order of the Commission.
                                               copyright’’); and U.S. Copyright                        (a)(2) of section 337;                                  Issued: March 11, 2015.
                                               Registration No. VA 1–876–373 (‘‘the                       (2) For the purpose of the
                                               ’373 copyright’’). The complaint further                                                                      Lisa R. Barton,
                                                                                                       investigation so instituted, the following
                                               alleges that an industry in the United                  are hereby named as parties upon which                Secretary to the Commission.
                                               States exists as required by subsection                 this notice of investigation shall be                 [FR Doc. 2015–05920 Filed 3–13–15; 8:45 am]
                                               (a)(2) of section 337.                                  served:                                               BILLING CODE 7020–02–P
                                                  The complainants request that the                       (a) The complainants are:
                                               Commission institute an investigation                   LEGO A/S, Aastvej 1, DK–7190, Billund,
                                               and, after the investigation, issue a                      Denmark.                                           INTERNATIONAL TRADE
                                               general exclusion order, or in the                      LEGO System A/S, Aastvej 1, DK–7190,                  COMMISSION
                                               alternative a limited exclusion order,                     Billund, Denmark.
                                               and cease and desist orders.                                                                                  Notice of Receipt of Complaint;
                                                                                                       LEGO Systems, Inc., 555 Taylor Road,
                                               ADDRESSES: The complaint, except for
                                                                                                                                                             Solicitation of Comments Relating to
                                                                                                          Enfield, CT 06082.
                                               any confidential information contained                                                                        the Public Interest
                                                                                                          (b) The respondents are the following
                                               therein, is available for inspection                    entities alleged to be in violation of                AGENCY: U.S. International Trade
                                               during official business hours (8:45 a.m.               section 337, and are the parties upon                 Commission.
                                               to 5:15 p.m.) in the Office of the                      which the complaint is to be served:                  ACTION: Notice.
                                               Secretary, U.S. International Trade
                                                                                                       La Rose Industries LLC d/b/a CRA-Z-
                                               Commission, 500 E Street SW., Room                                                                            SUMMARY:   Notice is hereby given that
                                                                                                          Art, 1578 Sussex Turnpike, Randolph,
                                               112, Washington, DC 20436, telephone                                                                          the U.S. International Trade
                                                                                                          NJ 07869.
                                               (202) 205–2000. Hearing impaired                                                                              Commission has received a complaint
                                                                                                       MEGA Brands, Inc., 4505 Hickmore,
                                               individuals are advised that information                                                                      entitled Certain Variable Valve
                                                                                                          Montreal, Quebec, Canada H4T 1K4.
                                               on this matter can be obtained by                       Best-Lock Construction Toys, Inc., Suite              Actuation Devices and Automobiles
                                               contacting the Commission’s TDD                            300, Rivergate Plaza, 444 Brickell                 Containing the Same, DN 3063; the
                                               terminal on (202) 205–1810. Persons                        Avenue, Miami, FL 33131.                           Commission is soliciting comments on
                                               with mobility impairments who will                                                                            any public interest issues raised by the
                                               need special assistance in gaining access                  (c) The Office of Unfair Import                    complaint or complainant’s filing under
                                               to the Commission should contact the                    Investigations, U.S. International Trade              section 210.8(b) of the Commission’s
                                               Office of the Secretary at (202) 205–                   Commission, 500 E Street SW., Suite                   Rules of Practice and Procedure (19 CFR
                                               2000. General information concerning                    401, Washington, DC 20436; and                        210.8(b)).
                                                                                                          (3) For the investigation so instituted,
                                               the Commission may also be obtained                                                                           FOR FURTHER INFORMATION CONTACT: Lisa
                                                                                                       the Chief Administrative Law Judge,
                                               by accessing its Internet server at                                                                           R. Barton, Secretary to the Commission,
                                                                                                       U.S. International Trade Commission,
                                               http://www.usitc.gov. The public record                                                                       U.S. International Trade Commission,
                                                                                                       shall designate the presiding
                                               for this investigation may be viewed on                                                                       500 E Street SW., Washington, DC
                                                                                                       Administrative Law Judge.
                                               the Commission’s electronic docket                                                                            20436, telephone (202) 205–2000. The
                                                                                                          Responses to the complaint and the
                                               (EDIS) at http://edis.usitc.gov.                                                                              public version of the complaint can be
                                                                                                       notice of investigation must be
                                               FOR FURTHER INFORMATION CONTACT: The                    submitted by the named respondents in                 accessed on the Commission’s
                                               Office of Unfair Import Investigations,                 accordance with section 210.13 of the                 Electronic Document Information
                                               U.S. International Trade Commission,                    Commission’s Rules of Practice and                    System (EDIS) at EDIS 1, and will be
                                               telephone (202) 205–2560.                               Procedure, 19 CFR 210.13. Pursuant to                 available for inspection during official
                                                 Authority: The authority for institution of           19 CFR 201.16(e) and 210.13(a), such                  business hours (8:45 a.m. to 5:15 p.m.)
                                               this investigation is contained in section 337          responses will be considered by the                   in the Office of the Secretary, U.S.
                                               of the Tariff Act of 1930, as amended, and              Commission if received not later than 20              International Trade Commission, 500 E
                                               in section 210.10 of the Commission’s Rules
                                                                                                       days after the date of service by the                 Street SW., Washington, DC 20436,
                                               of Practice and Procedure, 19 CFR 210.10                                                                      telephone (202) 205–2000.
                                               (2014).                                                 Commission of the complaint and the
                                                                                                                                                                General information concerning the
                                                                                                       notice of investigation. Extensions of
                                                                                                                                                             Commission may also be obtained by
                                                 Scope of Investigation: Having                        time for submitting responses to the
                                                                                                                                                             accessing its Internet server at United
                                               considered the complaint, the U.S.                      complaint and the notice of
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                                                                                                                                                             States International Trade Commission
                                               International Trade Commission, on                      investigation will not be granted unless
                                                                                                                                                             (USITC) at USITC.2 The public record
                                               March 10, 2015, ordered that—                           good cause therefor is shown.
                                                 (1) Pursuant to subsection (b) of                        Failure of a respondent to file a timely           for this investigation may be viewed on
                                               section 337 of the Tariff Act of 1930, as               response to each allegation in the                      1 Electronic Document Information System
                                               amended, an investigation be instituted                 complaint and in this notice may be                   (EDIS): http://edis.usitc.gov.
                                               to determine whether there is a                         deemed to constitute a waiver of the                    2 United States International Trade Commission

                                               violation of subsection (a)(1)(B) of                    right to appear and contest the                       (USITC): http://edis.usitc.gov.



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Document Created: 2018-02-21 09:37:46
Document Modified: 2018-02-21 09:37:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactThe Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation80 FR 13629 

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