80 FR 30266 - Certain Loom Kits for Creating Linked Articles

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 101 (May 27, 2015)

Page Range		30266-30267
FR Document		2015-12765

Notice is hereby given that the U.S. International Trade Commission has determined to amend the notice of investigation to reflect a change in corporate form by the complainant, to terminate the investigation with respect to claims 2 and 3 of U.S. Patent No. 8,485,565 (``the '565 patent''), and to enter a general exclusion order barring entry of loom kits that infringe claim 4 of the '565 patent. The Commission's determination is final and the investigation is terminated in its entirety.

Federal Register, Volume 80 Issue 101 (Wednesday, May 27, 2015)

[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30266-30267]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-12765]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-923]

Certain Loom Kits for Creating Linked Articles

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 to amend the notice of investigation to
reflect a change in corporate form by the complainant, to terminate the
investigation with respect to claims 2 and 3 of U.S. Patent No.
8,485,565 (``the '565 patent''), and to enter a general exclusion order
barring entry of loom kits that infringe claim 4 of the '565 patent.
The Commission's determination is final and the

[[Page 30267]]

investigation is terminated in its entirety.

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-2661. 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 (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 August 6, 2014, based on a complaint filed by Choon's Design, Inc.,
of Wixom, Michigan, now Choon's Design LLC (``Choon's''). See 79 FR
45844-45 (August 6, 2014). The complaint alleged violations of section
337 by reason of the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain loom kits that infringe the '565 patent. The notice of
investigation named thirteen respondents, all of which either have been
found in default or have been terminated from this investigation. See
Notice of Commission Determination Not to Review an Initial
Determination Terminating the Investigation as to Respondent Creative
Kidstuff, LLC (September 26, 2014); Notice of Commission Determination
Not to Review Two Initial Determinations Finding Certain Respondents in
Default and Terminating the Investigation with Respect to Another
Respondent (January 9, 2015); Notice of Commission Determination Not to
Review an Initial Determination Terminating the Investigation as to
Respondent Altatac, Inc. (January 13, 2015). The respondents in default
are Island in the Sun LLC; Quality Innovations Inc.; Yiwu Mengwang
Craft & Art Factory; Shenzhen Xuncent Technology Co., Ltd.; My Imports
USA LLC; Jayfinn LLC; Hongkong Haoguan Plastic Hardware Co., Ltd.;
Blinkee.com, LLC; Eyyup Arga; and Itcoolnomore (collectively,
``defaulting respondents'').
On February 3, 2015, the presiding administrative law judge
(``ALJ'') issued an ID finding a violation of section 337 and
recommending the issuance of a general exclusion order. See Order No.
13. On February 13, 2015, the IA submitted a petition for review of the
ID in part. On March 20, 2015, the Commission determined to review only
the domestic industry economic prong determination in the ID. Upon
review, the Commission determined to affirm the ALJ's finding that
Choon's has shown a substantial investment in the exploitation of the
'565 patent through engineering and research and development of
articles protected by the '565 patent, but the Commission determined to
modify certain portions of the ID regarding the expenditures comprising
the domestic industry investments. The Commission stated that its
modifications would be specified in a later Commission opinion. Having
affirmed a violation of section 337, the Commission requested briefing
concerning remedy, the public interest, and bonding. See 80 FR 16023-25
(March 26, 2015).
In response to the Commission's notice, Choon's informed the
Commission that it changed its corporate form during the course of the
investigation from Choon's Design, Inc., to Choon's Design LLC. Choon's
also requested that claims 2 and 3 of the '565 patent be withdrawn from
the investigation. No contrary submissions were received on those
points. Accordingly, the Commission has determined to amend the notice
of investigation to reflect that the complainant is Choon's Design LLC.
The Commission has further determined to terminate the investigation
with respect to claims 2 and 3.
Upon review of all submissions in response to the Commission's
notice, and the entire record of the investigation, the Commission has
determined that the appropriate form of relief for the determined
violation of section 337 is a general exclusion order barring entry of
loom kits that infringe claim 4 of the '565 patent. The Commission has
further determined that the public interest factors enumerated in
section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude issuance of
the general exclusion order. Additionally, the Commission has
determined that a bond in the amount of one hundred (100) percent of
the entered value of subject articles is required to permit temporary
importation of the articles in question during the period of
Presidential review (19 U.S.C. 1337(j)). The Commission has also issued
an opinion explaining its modification of the ALJ's domestic industry
economic prong analysis and explaining the basis for the remedy. The
Commission's determination is final and the investigation is terminated
in its entirety.
The Commission's orders and the record upon which it based its
determination were delivered to the President and to the United States
Trade Representative on the day of their issuance. The Commission has
also notified the Secretary of the Treasury of the orders.
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 21, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-12765 Filed 5-26-15; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices 30267

investigation is terminated in its On February 3, 2015, the presiding industry economic prong analysis and
entirety. administrative law judge (‘‘ALJ’’) issued explaining the basis for the remedy. The
FOR FURTHER INFORMATION CONTACT: an ID finding a violation of section 337 Commission’s determination is final and
Clark S. Cheney, Office of the General and recommending the issuance of a the investigation is terminated in its
Counsel, U.S. International Trade general exclusion order. See Order No. entirety.
Commission, 500 E Street SW., 13. On February 13, 2015, the IA The Commission’s orders and the
Washington, DC 20436, telephone 202– submitted a petition for review of the ID record upon which it based its
205–2661. Copies of non-confidential in part. On March 20, 2015, the determination were delivered to the
documents filed in connection with this Commission determined to review only President and to the United States Trade
investigation are or will be available for the domestic industry economic prong Representative on the day of their
inspection during official business determination in the ID. Upon review, issuance. The Commission has also
hours (8:45 a.m. to 5:15 p.m.) in the the Commission determined to affirm notified the Secretary of the Treasury of
Office of the Secretary, U.S. the ALJ’s finding that Choon’s has the orders.
International Trade Commission, 500 E shown a substantial investment in the The authority for the Commission’s
Street SW., Washington, DC 20436, exploitation of the ’565 patent through determination is contained in section
telephone 202–205–2000. General engineering and research and 337 of the Tariff Act of 1930, as
information concerning the Commission development of articles protected by the amended (19 U.S.C. 1337), and in Part
may also be obtained by accessing its ’565 patent, but the Commission 210 of the Commission’s Rules of
Internet server (http://www.usitc.gov). determined to modify certain portions Practice and Procedure (19 CFR part
The public record for this investigation of the ID regarding the expenditures 210).
may be viewed on the Commission’s comprising the domestic industry
By order of the Commission.
electronic docket (EDIS) at http:// investments. The Commission stated
that its modifications would be Issued: May 21, 2015.
edis.usitc.gov. Hearing-impaired Lisa R. Barton,
persons are advised that information on specified in a later Commission opinion.
Having affirmed a violation of section Secretary to the Commission.
this matter can be obtained by
contacting the Commission’s TDD 337, the Commission requested briefing [FR Doc. 2015–12765 Filed 5–26–15; 8:45 am]
terminal on 202–205–1810. concerning remedy, the public interest, BILLING CODE 7020–02–P
and bonding. See 80 FR 16023–25
SUPPLEMENTARY INFORMATION: The
(March 26, 2015).
Commission instituted this investigation In response to the Commission’s
on August 6, 2014, based on a complaint DEPARTMENT OF JUSTICE
notice, Choon’s informed the
filed by Choon’s Design, Inc., of Wixom, Commission that it changed its
Michigan, now Choon’s Design LLC Antitrust Division
corporate form during the course of the
(‘‘Choon’s’’). See 79 FR 45844–45 investigation from Choon’s Design, Inc., Notice Pursuant to the National
(August 6, 2014). The complaint alleged to Choon’s Design LLC. Choon’s also Cooperative Research and Production
violations of section 337 by reason of requested that claims 2 and 3 of the ’565 Act of 1993—Institute of Electrical and
the importation into the United States, patent be withdrawn from the Electronics Engineers
the sale for importation, and the sale investigation. No contrary submissions
within the United States after were received on those points. Notice is hereby given that, on April
importation of certain loom kits that Accordingly, the Commission has 13, 2015, pursuant to Section 6(a) of the
infringe the ’565 patent. The notice of determined to amend the notice of National Cooperative Research and
investigation named thirteen investigation to reflect that the Production Act of 1993, 15 U.S.C. 4301
respondents, all of which either have complainant is Choon’s Design LLC. et seq. (‘‘the Act’’), the Institute of
been found in default or have been The Commission has further determined Electrical and Electronics Engineers
terminated from this investigation. See to terminate the investigation with (‘‘IEEE’’) has filed written notifications
Notice of Commission Determination respect to claims 2 and 3. simultaneously with the Attorney
Not to Review an Initial Determination Upon review of all submissions in General and the Federal Trade
Terminating the Investigation as to response to the Commission’s notice, Commission disclosing additions or
Respondent Creative Kidstuff, LLC and the entire record of the changes to its standards development
(September 26, 2014); Notice of investigation, the Commission has activities. The notifications were filed
Commission Determination Not to determined that the appropriate form of for the purpose of extending the Act’s
Review Two Initial Determinations relief for the determined violation of provisions limiting the recovery of
Finding Certain Respondents in Default section 337 is a general exclusion order antitrust plaintiffs to actual damages
and Terminating the Investigation with barring entry of loom kits that infringe under specified circumstances.
Respect to Another Respondent (January claim 4 of the ’565 patent. The Specifically, 26 new standards have
9, 2015); Notice of Commission Commission has further determined that been initiated and 18 existing standards
Determination Not to Review an Initial the public interest factors enumerated in are being revised. More detail regarding
Determination Terminating the section 337(d)(1) (19 U.S.C. 1337(d)(1)) these changes can be found at http://
Investigation as to Respondent Altatac, do not preclude issuance of the general standards.ieee.org/about/sba/
Inc. (January 13, 2015). The respondents exclusion order. Additionally, the feb2015.html, and http://
in default are Island in the Sun LLC; Commission has determined that a bond standards.ieee.org/about/sba/
mstockstill on DSK4VPTVN1PROD with NOTICES

Quality Innovations Inc.; Yiwu in the amount of one hundred (100) mar2015.html.
Mengwang Craft & Art Factory; percent of the entered value of subject On February 8, 2015, the IEEE Board
Shenzhen Xuncent Technology Co., articles is required to permit temporary of Directors approved an update of the
Ltd.; My Imports USA LLC; Jayfinn LLC; importation of the articles in question IEEE patent policy for standards
Hongkong Haoguan Plastic Hardware during the period of Presidential review development, which became effective
Co., Ltd.; Blinkee.com, LLC; Eyyup (19 U.S.C. 1337(j)). The Commission has on 15 March 2015. The updated policy
Arga; and Itcoolnomore (collectively, also issued an opinion explaining its is available at http://standards.ieee.org/
‘‘defaulting respondents’’). modification of the ALJ’s domestic develop/policies/bylaws/approved-

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Document Created: 2015-12-15 15:35:45
Document Modified: 2015-12-15 15:35:45

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		Clark S. Cheney, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2661. 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 (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 30266