80 FR 20012 - Certain Variable Valve Actuation Devices and Automobiles Containing the Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 71 (April 14, 2015)

Page Range		20012-20012
FR Document		2015-08511

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 10, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Jacobs Vehicle Systems, Inc. of Bloomfield, Connecticut. An amended complaint was filed on March 24, 2015. A supplement to the amended complaint was filed on April 3, 2013. The complaint, as amended and 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 variable valve actuation devices and automobiles containing the same by reason of infringement of certain claims of U.S. Patent No. 5,829,397 (``the '397 patent''); U.S. Patent No. 6,474,277 (``the '277 patent''); U.S. Patent No. 6,883,492 (``the '492 patent''); U.S. Patent No. 7,059,282 (``the '282 patent''); U.S. Patent No. 8,776,738 (``the '738 patent''); and U.S. Patent No. 8,820,276 (``the '276 patent''). The complaint, as amended, further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 80 Issue 71 (Tuesday, April 14, 2015)

[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Notices]
[Page 20012]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08511]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-954]


Certain Variable Valve Actuation Devices and Automobiles 
Containing the Same Institution of Investigation

AGENCY: U.S. International Trade Commission

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 10, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Jacobs Vehicle Systems, Inc. of Bloomfield, Connecticut. An amended 
complaint was filed on March 24, 2015. A supplement to the amended 
complaint was filed on April 3, 2013. The complaint, as amended and 
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 variable 
valve actuation devices and automobiles containing the same by reason 
of infringement of certain claims of U.S. Patent No. 5,829,397 (``the 
'397 patent''); U.S. Patent No. 6,474,277 (``the '277 patent''); U.S. 
Patent No. 6,883,492 (``the '492 patent''); U.S. Patent No. 7,059,282 
(``the '282 patent''); U.S. Patent No. 8,776,738 (``the '738 patent''); 
and U.S. Patent No. 8,820,276 (``the '276 patent''). The complaint, as 
amended, further alleges that an industry in the United States exists 
or is in the process of being established as required by subsection 
(a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, as amended, 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 (2015).

    Scope Of Investigation: Having considered the complaint, as 
amended, the U.S. International Trade Commission, on April 8, 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 variable 
valve actuation devices and automobiles containing the same by reason 
of infringement of one or more of claims 32 and 33 of the '397 patent; 
claim 36 of the '277 patent; claims 38-42, 44, and 45 of the '492 
patent; claims 1, 4, 10, 13, 15-18, 25, and 27-30 of the '282 patent; 
claims 1, 3, 5-7, 13-22, 31, 35-50, and 53-56 of the '738 patent; and 
claims 1-10, 17, 19-23, and 26-28 of the '276 patent, and whether an 
industry in the United States exists or is in the process of being 
established 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 complainant is: Jacobs Vehicle Systems, Inc., 22 East 
Dudley Town Road, Bloomfield, CT 06002.
    (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: FCA US LLC, 1000 Chrysler Drive, Auburn Hills, MI 
48326.
    FCA M[eacute]xico, S.A. de C.V., Prol. Paseo de la Reforma 1240, 
Desarrollo Santa Fe, M[eacute]xico D.F.
    FCA Melfi S.p.A., Localit[aacute] San Nicola-Zona Industriale Snc, 
85025 Melfi Potenza, Italy.
    FCA Serbia d.o.o. Kragujevac, 4, Kosovska Str., Kragujevac 34000, 
Serbia.
    Fiat Chrysler Automobiles N.V., Fiat House, 240 Bath Road, Slough 
SL1 4DX, United Kingdom.
    (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, as amended, 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, as amended, and the notice of investigation. Extensions of 
time for submitting responses to the complaint, as amended, 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, as amended, and in this notice may be 
deemed to constitute a waiver of the right to appear and contest the 
allegations of the complaint, as amended, 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, as amended, 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: April 9, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-08511 Filed 4-13-15; 8:45 am]
 BILLING CODE 7020-02-P

20012 Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Notices

Dated: March 3, 2015. Commission’s TDD terminal on (202) FCA Melfi S.p.A., Localitá San
Roseann Gonzales, 205–1810. Persons with mobility Nicola-Zona Industriale Snc, 85025
Director, Policy and Administration. impairments who will need special Melfi Potenza, Italy.
[FR Doc. 2015–08596 Filed 4–13–15; 8:45 am] assistance in gaining access to the FCA Serbia d.o.o. Kragujevac, 4,
BILLING CODE 4332–90–P
Commission should contact the Office Kosovska Str., Kragujevac 34000, Serbia.
of the Secretary at (202) 205–2000.
General information concerning the Fiat Chrysler Automobiles N.V., Fiat
Commission may also be obtained by House, 240 Bath Road, Slough SL1 4DX,
INTERNATIONAL TRADE United Kingdom.
COMMISSION accessing its internet server at http://
www.usitc.gov. The public record for (c) The Office of Unfair Import
[Investigation No. 337–TA–954] this investigation may be viewed on the Investigations, U.S. International Trade
Commission’s electronic docket (EDIS) Commission, 500 E Street SW., Suite
Certain Variable Valve Actuation at http://edis.usitc.gov.
Devices and Automobiles Containing 401, Washington, DC 20436; and
FOR FURTHER INFORMATION CONTACT: The
the Same Institution of Investigation (3) For the investigation so instituted,
Office of Unfair Import Investigations,
the Chief Administrative Law Judge,
AGENCY: U.S. International Trade U.S. International Trade Commission,
telephone (202) 205–2560. U.S. International Trade Commission,
Commission
shall designate the presiding
ACTION: Notice. Authority: The authority for institution of Administrative Law Judge.
this investigation is contained in section 337
SUMMARY: Notice is hereby given that a of the Tariff Act of 1930, as amended, and Responses to the complaint, as
complaint was filed with the U.S. in section 210.10 of the Commission’s Rules amended, and the notice of
International Trade Commission on of Practice and Procedure, 19 CFR 210.10 investigation must be submitted by the
March 10, 2015, under section 337 of (2015). named respondents in accordance with
the Tariff Act of 1930, as amended, 19 section 210.13 of the Commission’s
Scope Of Investigation: Having
U.S.C. 1337, on behalf of Jacobs Vehicle Rules of Practice and Procedure, 19 CFR
considered the complaint, as amended,
Systems, Inc. of Bloomfield, 210.13. Pursuant to 19 CFR 201.16(e)
the U.S. International Trade
Connecticut. An amended complaint and 210.13(a), such responses will be
Commission, on April 8, 2015, ordered
was filed on March 24, 2015. A considered by the Commission if
that—
supplement to the amended complaint received not later than 20 days after the
(1) Pursuant to subsection (b) of
was filed on April 3, 2013. The date of service by the Commission of the
section 337 of the Tariff Act of 1930, as
complaint, as amended and
amended, an investigation be instituted complaint, as amended, and the notice
supplemented, alleges violations of
to determine whether there is a of investigation. Extensions of time for
section 337 based upon the importation
violation of subsection (a)(1)(B) of submitting responses to the complaint,
into the United States, the sale for
section 337 in the importation into the as amended, and the notice of
importation, and the sale within the
United States, the sale for importation, investigation will not be granted unless
United States after importation of
or the sale within the United States after good cause therefor is shown.
certain variable valve actuation devices
importation of certain variable valve
and automobiles containing the same by Failure of a respondent to file a timely
actuation devices and automobiles
reason of infringement of certain claims response to each allegation in the
containing the same by reason of
of U.S. Patent No. 5,829,397 (‘‘the ’397 complaint, as amended, and in this
infringement of one or more of claims
patent’’); U.S. Patent No. 6,474,277 (‘‘the notice may be deemed to constitute a
32 and 33 of the ’397 patent; claim 36
’277 patent’’); U.S. Patent No. 6,883,492 waiver of the right to appear and contest
of the ’277 patent; claims 38–42, 44, and
(‘‘the ’492 patent’’); U.S. Patent No. the allegations of the complaint, as
45 of the ’492 patent; claims 1, 4, 10, 13,
7,059,282 (‘‘the ’282 patent’’); U.S. amended, and this notice, and to
15–18, 25, and 27–30 of the ’282 patent;
Patent No. 8,776,738 (‘‘the ’738 patent’’); authorize the administrative law judge
claims 1, 3, 5–7, 13–22, 31, 35–50, and
and U.S. Patent No. 8,820,276 (‘‘the ’276 and the Commission, without further
53–56 of the ’738 patent; and claims 1–
patent’’). The complaint, as amended, notice to the respondent, to find the
10, 17, 19–23, and 26–28 of the ’276
further alleges that an industry in the facts to be as alleged in the complaint,
patent, and whether an industry in the
United States exists or is in the process as amended, and this notice and to enter
United States exists or is in the process
of being established as required by
of being established as required by an initial determination and a final
subsection (a)(2) of section 337.
subsection (a)(2) of section 337; determination containing such findings,
The complainant requests that the (2) For the purpose of the
Commission institute an investigation and may result in the issuance of an
investigation so instituted, the following exclusion order or a cease and desist
and, after the investigation, issue a are hereby named as parties upon which
limited exclusion order and cease and order or both directed against the
this notice of investigation shall be respondent.
desist orders. served:
ADDRESSES: The complaint, as amended, (a) The complainant is: Jacobs Vehicle By order of the Commission.
except for any confidential information Systems, Inc., 22 East Dudley Town Issued: April 9, 2015.
contained therein, is available for Road, Bloomfield, CT 06002. Lisa R. Barton,
inspection during official business (b) The respondents are the following
asabaliauskas on DSK5VPTVN1PROD with NOTICES

Secretary to the Commission.
hours (8:45 a.m. to 5:15 p.m.) in the entities alleged to be in violation of
[FR Doc. 2015–08511 Filed 4–13–15; 8:45 am]
Office of the Secretary, U.S. section 337, and are the parties upon
International Trade Commission, 500 E BILLING CODE 7020–02–P
which the complaint is to be served:
Street SW., Room 112, Washington, DC FCA US LLC, 1000 Chrysler Drive,
20436, telephone (202) 205–2000. Auburn Hills, MI 48326.
Hearing impaired individuals are FCA México, S.A. de C.V., Prol. Paseo
advised that information on this matter de la Reforma 1240, Desarrollo Santa Fe,
can be obtained by contacting the México D.F.

VerDate Sep<11>2014 17:42 Apr 13, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4703 Sfmt 9990 E:\FR\FM\14APN1.SGM 14APN1

Document Created: 2015-12-18 11:09:55
Document Modified: 2015-12-18 11:09:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		80 FR 20012