80 FR 32605 - Certain Automated Teller Machines and Point of Sale Devices and Associated Software Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 110 (June 9, 2015)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 4, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of Global Cash Access, Inc. of Las Vegas, Nevada. The complaint 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 automated teller machines and point of sale devices and associated software thereof by reason of infringement of certain claims of U.S. Patent No. 6,081,792 (``the '792 patent''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint further 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 automated teller machines and point of sale devices and associated software thereof by reason of false advertising, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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, Number 110 (Tuesday, June 9, 2015)]
[Notices]
[Pages 32605-32606]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13973]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-958]


Certain Automated Teller Machines and Point of Sale Devices and 
Associated Software Thereof; Institution of Investigation

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 May 4, 2015, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.  1337, on behalf 
of Global Cash Access, Inc. of Las Vegas, Nevada. The complaint 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 automated teller machines and point of 
sale devices and associated software thereof by reason of infringement 
of certain claims of U.S. Patent No. 6,081,792 (``the '792 patent''), 
and that an industry in the United States exists as required by 
subsection (a)(2) of section 337. The complaint further 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 automated teller machines and point of 
sale devices and associated software thereof by reason of false 
advertising, the threat or effect of which is to destroy or 
substantially injure an industry in the United States.
    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, 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

[[Page 32606]]

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 Sec.  210.10 (2015).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 2, 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:
    (a) 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 automated teller machines and point of sale devices and 
associated software thereof by reason of infringement of one or more of 
claims 1-3, 5-7, and 9 of the '792 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337; and
    (b) whether there is a violation of subsection (a)(1)(A) 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 automated teller machines and point of sale devices and 
associated software thereof by reason of false advertising, the threat 
or effect of which is to destroy or substantially injure an industry in 
the United States.
    (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: Global Cash Access, Inc., 7250 S Tenaya 
Way, Suite 100, Las Vegas, NV 89113.
    (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:
    NRT Technology Corp., 10 Compass Court, Toronto, Ontario M1S 5R3, 
Canada. NRT Technologies, Inc., 744 Pilot Road, Las Vegas, NV 89119.
    (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 Sec.  210.13. 
Pursuant to 19 CFR Sec. Sec.  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: June 3, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-13973 Filed 6-8-15; 8:45 am]
 BILLING CODE 7020-02-P