80 FR 27188 - Certain Dental Implants: Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Amend the Complaint and Notice of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 91 (May 12, 2015)
Federal Register Volume 80, Issue 91 (May 12, 2015)
| Page Range | 27188-27188 | |
| FR Document | 2015-11378 |
[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)] [Notices] [Page 27188] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11378] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-934] Certain Dental Implants: Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Amend the Complaint and Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- 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. 24) granting a joint motion of complainants Nobel Biocare Services AG of Switzerland and Nobel Biocare USA, LLC of Yorba Linda, California (collectively, ``Nobel Biocare'') and respondents Neodent USA, Inc., of Andover, Massachusetts (``Neodent USA'') and JJGC Ind[uacute]stria e Com[eacute]rcio de Materiais Dent[aacute]rios S/A of Curitiba, Brazil (collectively, ``Respondents'') to amend the Complaint and Notice of Investigation (``NOI'') to reflect the corporate name change of Neodent USA to Instradent USA, Inc. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2301. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (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. 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 October 27, 2014, based on a Complaint filed by Nobel Biocare, as supplemented. 79 FR. 63940-41 (Oct. 27, 2014). The Complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in the sale for importation, importation, and sale within the United States after importation of certain dental implants by reason of infringement of certain claims of U.S. Patent Nos. 8,714,977 and 8,764,443. The Complaint further alleges the existence of a domestic industry. The Commission's Notice of Investigation named Respondents and the Office of Unfair Import Investigations as parties to the investigation. On April 8, 2015, Nobel Biocare and Respondents filed a joint motion to amend the Complaint and NOI to reflect a corporate name change, effective August 15, 2014, of respondent Neodent USA to Instradent USA, Inc. The motion indicated that the Commission investigative attorney does not oppose the motion. On April 9, 2015, the ALJ issued the subject ID granting the joint motion to amend the Complaint and NOI. The ALJ found, pursuant to section 210.14(b)(1) of the Commission's Rules of Practice and Procedure (19 CFR 210.14(b)(1)), that good cause exists to amend the Complaint and NOI to conform to the name change. The ALJ also found that the amendment would not prejudice the public interest or the rights of the parties to the investigation. No petitions for review of the subject ID were filed. The Commission has determined not to review the ID. 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: May 6, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-11378 Filed 5-11-15; 8:45 am] BILLING CODE 7020-02-P
![27188 Federal Register / Vol. 80, No. 91 / Tuesday, May 12, 2015 / Notices
proceeding under Commission Rule By order of the Commission. on October 27, 2014, based on a
210.75, and filed a corrected complaint Lisa R. Barton, Complaint filed by Nobel Biocare, as
on March 22, 2012. On April 25, 2012, Secretary to the Commission. supplemented. 79 FR. 63940–41 (Oct.
the Commission determined that the [FR Doc. 2015–11383 Filed 5–11–15; 8:45 am] 27, 2014). The Complaint alleges
criteria for institution of an enforcement BILLING CODE 7020–02–P violations of section 337 of the Tariff
proceeding were satisfied and instituted Act of 1930, as amended, 19 U.S.C. 1337
an enforcement proceeding, naming the (‘‘section 337’’), in the sale for
following six respondents, which were INTERNATIONAL TRADE importation, importation, and sale
alleged to be bound by the consent COMMISSION within the United States after
order: ClearCorrect Operating, LLC of importation of certain dental implants
[Investigation No. 337–TA–934]
Houston, Texas; ClearCorrect Pakistan by reason of infringement of certain
(Private), Ltd. of Lahore, Pakistan; and Certain Dental Implants: Commission claims of U.S. Patent Nos. 8,714,977 and
Mudassar Rathore, Waqas Wahab, Determination Not To Review an Initial 8,764,443. The Complaint further
Nadeem Arif, and Asim Waheed Determination Granting a Joint Motion alleges the existence of a domestic
(‘‘Enforcement Respondents’’). 77 Fed. To Amend the Complaint and Notice of
Reg. 25747 (May 1, 2012). industry. The Commission’s Notice of
Investigation Investigation named Respondents and
On November 28, 2012, the ALJ
issued Order No. 57, and found that the AGENCY: U.S. International Trade the Office of Unfair Import
accused digital datasets at issue in the Commission. Investigations as parties to the
enforcement proceeding fall within the ACTION: Notice.
investigation.
scope of the term ‘‘articles’’ in the On April 8, 2015, Nobel Biocare and
consent order. On January 4, 2013, the SUMMARY: Notice is hereby given that Respondents filed a joint motion to
Commission determined to review and the U.S. International Trade amend the Complaint and NOI to reflect
reverse Order No. 57. 78 FR 2282–83 Commission has determined not to a corporate name change, effective
(Jan. 10, 2013). The Commission review the presiding administrative law August 15, 2014, of respondent Neodent
terminated the enforcement proceeding judge’s (‘‘ALJ’’) initial determination USA to Instradent USA, Inc. The motion
with a finding of no violation of the (‘‘ID’’) (Order No. 24) granting a joint indicated that the Commission
consent order. Id. Upon Align’s appeal, motion of complainants Nobel Biocare
investigative attorney does not oppose
the Federal Circuit held that Order No. Services AG of Switzerland and Nobel
the motion.
57 was not reviewable as an ID under Biocare USA, LLC of Yorba Linda,
the Commission’s rules. Align Tech., California (collectively, ‘‘Nobel On April 9, 2015, the ALJ issued the
Inc. v. Int’l Trade Comm’n, 771 F.3d Biocare’’) and respondents Neodent subject ID granting the joint motion to
1317, 1324–25 (Fed. Cir. 2014). The USA, Inc., of Andover, Massachusetts amend the Complaint and NOI. The ALJ
Court vacated the Commission’s (‘‘Neodent USA’’) and JJGC Indústria e found, pursuant to section 210.14(b)(1)
determination to review and reverse Comércio de Materiais Dentários S/A of of the Commission’s Rules of Practice
Order No. 57, and remanded the case to Curitiba, Brazil (collectively, and Procedure (19 CFR 210.14(b)(1)),
the Commission for further proceedings ‘‘Respondents’’) to amend the that good cause exists to amend the
consistent with the Court’s opinion. Id. Complaint and Notice of Investigation Complaint and NOI to conform to the
at 1326. On November 24, 2014, the (‘‘NOI’’) to reflect the corporate name name change. The ALJ also found that
Commission issued a notice to remand change of Neodent USA to Instradent the amendment would not prejudice the
the investigation to the Chief USA, Inc. public interest or the rights of the
Administrative Law Judge for FOR FURTHER INFORMATION CONTACT: parties to the investigation.
assignment to a presiding ALJ to resume Megan M. Valentine, Office of the No petitions for review of the subject
enforcement proceedings. General Counsel, U.S. International
ID were filed.
On April 6, 2015, Align and the Trade Commission, 500 E Street SW.,
Enforcement Respondents filed a joint Washington, DC 20436, telephone (202) The Commission has determined not
motion to terminate the enforcement 708–2301. Copies of non-confidential to review the ID.
proceeding on the basis of an agreement documents filed in connection with this The authority for the Commission’s
between the parties. The Commission investigation are or will be available for determination is contained in section
investigative attorney filed a response in inspection during official business 337 of the Tariff Act of 1930, as
support of the motion. On April 8, 2015, hours (8:45 a.m. to 5:15 p.m.) in the amended (19 U.S.C. 1337), and in Part
the ALJ granted the motion as the Office of the Secretary, U.S. 210 of the Commission’s Rules of
subject ID (Order No. 76). The ID found International Trade Commission, 500 E Practice and Procedure (19 CFR part
that granting the motion is in the public Street SW., Washington, DC 20436, 210).
interest. Order No. 76 at 1–2; see 19 CFR telephone (202) 205–2000. General
210.50(b)(2). information concerning the Commission By order of the Commission.
No petitions for review were filed. may also be obtained by accessing its Issued: May 6, 2015.
The Commission has determined not to Internet server at http://www.usitc.gov. Lisa R. Barton,
review the ID. The Commission has The public record for this investigation Secretary to the Commission.
terminated the investigation. may be viewed on the Commission’s [FR Doc. 2015–11378 Filed 5–11–15; 8:45 am]
The authority for the Commission’s electronic docket (EDIS) at http://
mstockstill on DSK4VPTVN1PROD with NOTICES
determination is contained in section BILLING CODE 7020–02–P
edis.usitc.gov. Hearing-impaired
337 of the Tariff Act of 1930, as persons are advised that information on
amended (19 U.S.C. 1337), and in Part this matter can be obtained by
210 of the Commission’s Rules of contacting the Commission’s TDD
Practice and Procedure (19 CFR part terminal on (202) 205–1810.
210). SUPPLEMENTARY INFORMATION: The
Issued: May 6, 2015. Commission instituted this investigation
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Document Created: 2015-12-16 07:55:02
Document Modified: 2015-12-16 07:55:02
| 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 | Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2301. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. | |
| FR Citation | 80 FR 27188 |
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