80 FR 50870 - Certain Activity Tracking Devices, Systems, and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range		50870-50871
FR Document		2015-20730

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 7, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. of Pittsburgh, Pennsylvania. A supplement was filed on July 24, 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 activity tracking devices, systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,073,707 (``the '707 patent''); U.S. Patent No. 8,398,546 (``the '546 patent''); U.S. Patent No. 8,446,275 (``the '275 patent''); U.S. Patent No. 8,529,811 (``the '811 patent''); U.S. Patent No. 8,793,522 (``the '522 patent''); and U.S. Patent No. 8,961,413 (``the '413 patent''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint further alleges misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request 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 162 (Friday, August 21, 2015)

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50870-50871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20730]


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

 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-963]


Certain Activity Tracking Devices, Systems, and Components 
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 July 7, 2015, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. 
of Pittsburgh, Pennsylvania. A supplement was filed on July 24, 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 
activity tracking devices, systems, and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 8,073,707 (``the '707 
patent''); U.S. Patent No. 8,398,546 (``the '546 patent''); U.S. Patent 
No. 8,446,275 (``the '275 patent''); U.S. Patent No. 8,529,811 (``the 
'811 patent''); U.S. Patent No. 8,793,522 (``the '522 patent''); and 
U.S. Patent No. 8,961,413 (``the '413 patent''), and that an industry 
in the United States exists as required by subsection (a)(2) of section 
337. The complaint further alleges misappropriation of trade secrets, 
the threat or effect of which is to destroy or substantially injure an 
industry in the United States.
    The complainants request 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 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

[[Page 50871]]

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, the U.S. 
International Trade Commission, on August 17, 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 activity tracking devices, systems, and components thereof by 
reason of infringement of one or more of claims 19, 23, and 24 of the 
'707 patent; claims 1-18 and 20-28 of the '546 patent; claims 1, 2, 4, 
5, 8-10, 13-15, 18, and 19 of the '275 patent; claims 1, 5-7, 16, and 
17 of the '811 patent; claim 2 of the '522 patent; and claims 1-3, 5, 
7-9, 11, and 12 of the '413 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (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 activity tracking devices, systems, and components thereof by 
reason of misappropriation of trade secrets, 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 complainants are:
    AliphCom d/b/a Jawbone, 99 Rhode Island Street, 3rd Floor, San 
Francisco, CA 94103.
    BodyMedia, Inc., Union Trust Building, 501 Grant Street, Suite 
1075, Pittsburgh, PA 15219.
    (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:
    Fitbit, Inc., 405 Howard Street, San Francisco, CA 94105.
    Flextronics International Ltd., 6201 America Center Drive, San 
Jose, CA 95002.
    Flextronics Sales & Marketing (A-P) Ltd., Suite 802, St. James 
Court, St. Denis Street, Port Louis, Mauritius.
    (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.

    Issued: August 18, 2015.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-20730 Filed 8-20-15; 8:45 am]
 BILLING CODE 7020-02-P

50870 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices

of Investigations, U.S. International review may file written comments with INTERNATIONAL TRADE
Trade Commission, 500 E Street SW., the Secretary on what determination the COMMISSION
Washington, DC 20436. Hearing- Commission should reach in the review.
impaired persons can obtain [Investigation No. 337–TA–963]
Comments are due on or before
information on this matter by contacting September 23, 2015 and may not Certain Activity Tracking Devices,
the Commission’s TDD terminal on 202– contain new factual information. Any Systems, and Components Thereof;
205–1810. Persons with mobility person that is neither a party to the five- Institution of Investigation
impairments who will need special year review nor an interested party may
assistance in gaining access to the submit a brief written statement (which AGENCY: U.S. International Trade
Commission should contact the Office shall not contain any new factual Commission.
of the Secretary at 202–205–2000. information) pertinent to the review by ACTION: Notice.
General information concerning the September 23, 2015. However, should
Commission may also be obtained by SUMMARY: Notice is hereby given that a
the Department of Commerce extend the
accessing its internet server (http:// complaint was filed with the U.S.
time limit for its completion of the final
www.usitc.gov). The public record for International Trade Commission on July
this review may be viewed on the results of its review, the deadline for 7, 2015, under section 337 of the Tariff
Commission’s electronic docket (EDIS) comments (which may not contain new Act of 1930, as amended, 19 U.S.C.
at http://edis.usitc.gov. factual information) on Commerce’s 1337, on behalf of AliphCom d/b/a
final results is three business days after Jawbone of San Francisco, California
SUPPLEMENTARY INFORMATION:
Background.—On August 4, 2015, the the issuance of Commerce’s results. If and BodyMedia, Inc. of Pittsburgh,
Commission determined that the comments contain business proprietary Pennsylvania. A supplement was filed
domestic interested party group information (BPI), they must conform on July 24, 2015. The complaint as
response to its notice of institution (80 with the requirements of sections 201.6, supplemented alleges violations of
FR 24973, May 1, 2015) of the subject 207.3, and 207.7 of the Commission’s section 337 based upon the importation
five-year review was adequate and that rules. Please be aware that the into the United States, the sale for
the respondent interested party group Commission’s rules with respect to importation, and the sale within the
response was inadequate. The filing have changed. The most recent United States after importation of
Commission did not find any other amendments took effect on July 25, certain activity tracking devices,
circumstances that would warrant 2014. See 79 FR 35920 (June 25, 2014), systems, and components thereof by
conducting a full review.1 Accordingly, and the revised Commission Handbook reason of infringement of certain claims
the Commission determined that it on E-filing, available from the of U.S. Patent No. 8,073,707 (‘‘the ’707
would conduct an expedited review Commission’s Web site at http:// patent’’); U.S. Patent No. 8,398,546 (‘‘the
pursuant to section 751(c)(3) of the edis.usitc.gov. ’546 patent’’); U.S. Patent No. 8,446,275
Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). (‘‘the ’275 patent’’); U.S. Patent No.
In accordance with sections 201.16(c) 8,529,811 (‘‘the ’811 patent’’); U.S.
For further information concerning
the conduct of this review and rules of and 207.3 of the rules, each document Patent No. 8,793,522 (‘‘the ’522 patent’’);
general application, consult the filed by a party to the review must be and U.S. Patent No. 8,961,413 (‘‘the ’413
Commission’s Rules of Practice and served on all other parties to the review patent’’), and that an industry in the
Procedure, part 201, subparts A and B (as identified by either the public or BPI United States exists as required by
(19 CFR part 201), and part 207, service list), and a certificate of service subsection (a)(2) of section 337. The
subparts A, D, E, and F (19 CFR part must be timely filed. The Secretary will complaint further alleges
207). not accept a document for filing without misappropriation of trade secrets, the
Staff report.—A staff report a certificate of service. threat or effect of which is to destroy or
containing information concerning the Determination.—The Commission has substantially injure an industry in the
subject matter of the review will be determined this review is United States.
placed in the nonpublic record on extraordinarily complicated and The complainants request that the
September 18, 2015, and made available therefore has determined to exercise its Commission institute an investigation
to persons on the Administrative authority to extend the review period by and, after the investigation, issue a
Protective Order service list for this up to 90 days pursuant to 19 U.S.C. limited exclusion order and cease and
review. A public version will be issued desist orders.
1675(c)(5)(B).
thereafter, pursuant to section ADDRESSES: The complaint, except for
207.62(d)(4) of the Commission’s rules. Authority: This review is being conducted any confidential information contained
Written submissions.—As provided in under authority of title VII of the Tariff Act therein, is available for inspection
section 207.62(d) of the Commission’s of 1930; this notice is published pursuant to
during official business hours (8:45 a.m.
rules, interested parties that are parties section 207.62 of the Commission’s rules.
to 5:15 p.m.) in the Office of the
to the review and that have provided Issued: August 18, 2015. Secretary, U.S. International Trade
individually adequate responses to the By order of the Commission. Commission, 500 E Street SW., Room
notice of institution,2 and any party 112, Washington, DC 20436, telephone
Lisa R. Barton,
other than an interested party to the (202) 205–2000. Hearing impaired
Secretary to the Commission.
individuals are advised that information
1 A record of the Commissioners’ votes, the [FR Doc. 2015–20689 Filed 8–20–15; 8:45 am]
on this matter can be obtained by
rmajette on DSK7SPTVN1PROD with NOTICES

Commission’s statement on adequacy, and any BILLING CODE 7020–02–P
individual Commissioner’s statements will be contacting the Commission’s TDD
available from the Office of the Secretary and at the terminal on (202) 205–1810. Persons
Commission’s Web site. with mobility impairments who will
2 The Commission has found the response
need special assistance in gaining access
submitted by Chemical Products Corporation to be
individually adequate. Comments from other
to the Commission should contact the
interested parties will not be accepted (see 19 CFR Office of the Secretary at (202) 205–
207.62(d)(2)). 2000. General information concerning

VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1

Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices 50871

the Commission may also be obtained section 337, and are the parties upon DEPARTMENT OF JUSTICE
by accessing its internet server at which the complaint is to be served:
http://www.usitc.gov. The public record Fitbit, Inc., 405 Howard Street, San [OMB Number 1122–0028]
for this investigation may be viewed on Francisco, CA 94105.
the Commission’s electronic docket Agency Information Collection
(EDIS) at http://edis.usitc.gov. Flextronics International Ltd., 6201 Activities; Proposed eCollection
FOR FURTHER INFORMATION CONTACT: The
America Center Drive, San Jose, CA eComments Requested; Extension of a
Office of Unfair Import Investigations, 95002. Currently Approved Collection
U.S. International Trade Commission, Flextronics Sales & Marketing (A–P)
telephone (202) 205–2560. Ltd., Suite 802, St. James Court, St. AGENCY:Office on Violence Against
Authority: The authority for Denis Street, Port Louis, Mauritius. Women, Department of Justice.
institution of this investigation is (c) The Office of Unfair Import ACTION: 60-day notice.
contained in section 337 of the Tariff Investigations, U.S. International Trade
Act of 1930, as amended, and in section Commission, 500 E Street SW., Suite SUMMARY: The Department of Justice,
210.10 of the Commission’s Rules of 401, Washington, DC 20436; and Office on Violence Against Women
Practice and Procedure, 19 CFR 210.10 (OVW) will be submitting the following
(2015). (3) For the investigation so instituted,
the Chief Administrative Law Judge, information collection request to the
Scope of Investigation: Having Office of Management and Budget
considered the complaint, the U.S. U.S. International Trade Commission,
(OMB) for review and approval in
International Trade Commission, on shall designate the presiding
accordance with the Paperwork
August 17, 2015, ordered that— Administrative Law Judge.
Reduction Act of 1995.
(1) Pursuant to subsection (b) of Responses to the complaint and the
section 337 of the Tariff Act of 1930, as notice of investigation must be DATES: Comments are encouraged and
amended, an investigation be instituted will be accepted for 60 days until
submitted by the named respondents in
to determine: October 20, 2015.
accordance with section 210.13 of the
(a) Whether there is a violation of Commission’s Rules of Practice and FOR FURTHER INFORMATION CONTACT: If
subsection (a)(1)(B) of section 337 in the Procedure, 19 CFR 210.13. Pursuant to you have additional comments
importation into the United States, the especially on the estimated public
19 CFR 201.16(e) and 210.13(a), such
sale for importation, or the sale within burden or associated response time,
responses will be considered by the
the United States after importation of suggestions, or need a copy of the
certain activity tracking devices, Commission if received not later than 20
days after the date of service by the proposed information collection
systems, and components thereof by instrument with instructions or
reason of infringement of one or more of Commission of the complaint and the
notice of investigation. Extensions of additional information, please contact
claims 19, 23, and 24 of the ’707 patent; Cathy Poston, Office on Violence
claims 1–18 and 20–28 of the ’546 time for submitting responses to the
complaint and the notice of Against Women, at 202–514–5430 or
patent; claims 1, 2, 4, 5, 8–10, 13–15, 18, Catherine.poston@usdoj.gov.
and 19 of the ’275 patent; claims 1, 5– investigation will not be granted unless
7, 16, and 17 of the ’811 patent; claim good cause therefor is shown. SUPPLEMENTARY INFORMATION: Written
2 of the ’522 patent; and claims 1–3, 5, Failure of a respondent to file a timely comments and suggestions from the
7–9, 11, and 12 of the ’413 patent; and response to each allegation in the public and affected agencies concerning
whether an industry in the United complaint and in this notice may be the proposed collection of information
States exists as required by subsection deemed to constitute a waiver of the are encouraged. Your comments should
(a)(2) of section 337; address one or more of the following
right to appear and contest the
(b) whether there is a violation of four points:
allegations of the complaint and this
subsection (a)(1)(A) of section 337 in the notice, and to authorize the (1) Evaluate whether the proposed
importation into the United States, the administrative law judge and the collection of information is necessary
sale for importation, or the sale within for the proper performance of the
Commission, without further notice to
the United States after importation of functions of the agency, including
the respondent, to find the facts to be as
certain activity tracking devices, whether the information will have
systems, and components thereof by alleged in the complaint and this notice
practical utility;
reason of misappropriation of trade and to enter an initial determination
and a final determination containing (2) Evaluate the accuracy of the
secrets, the threat or effect of which is agency’s estimate of the burden of the
to destroy or substantially injure an such findings, and may result in the
issuance of an exclusion order or a cease proposed collection of information,
industry in the United States; including the validity of the
(2) For the purpose of the and desist order or both directed against
the respondent. methodology and assumptions used;
investigation so instituted, the following
are hereby named as parties upon which (3) Enhance the quality, utility, and
Issued: August 18, 2015.
this notice of investigation shall be clarity of the information to be
By order of the Commission. collected; and
served:
Lisa R. Barton,
(a) The complainants are: (4) Minimize the burden of the
AliphCom d/b/a Jawbone, 99 Rhode Secretary to the Commission. collection of information on those who
rmajette on DSK7SPTVN1PROD with NOTICES

Island Street, 3rd Floor, San Francisco, [FR Doc. 2015–20730 Filed 8–20–15; 8:45 am] are to respond, including through the
CA 94103. BILLING CODE 7020–02–P use of appropriate automated,
BodyMedia, Inc., Union Trust electronic, mechanical, or other
Building, 501 Grant Street, Suite 1075, technological collection techniques or
Pittsburgh, PA 15219. other forms of information technology,
(b) The respondents are the following e.g., permitting electronic submission of
entities alleged to be in violation of responses.

VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\21AUN1.SGM 21AUN1

Document Created: 2018-02-23 11:01:16
Document Modified: 2018-02-23 11:01:16

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 50870