80_FR_67144 80 FR 66934 - Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof; Institution of Investigation

80 FR 66934 - Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 210 (October 30, 2015)

Page Range66934-66935
FR Document2015-27668

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 25, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Varian Medical Systems, Inc. of Palo Alto, California and Varian Medical Systems International AG of Switzerland. Supplements were filed on October 13, 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 radiotherapy systems and treatment planning software, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,945,021 (``the '021 patent''); U.S. Patent No. 8,116,430 (``the '430 patent''); U.S. Patent No. 8,867,703 (``the '703 patent''); U.S. Patent No. 7,880,154 (``the '154 patent''); U.S. Patent No. 7,906,770 (``the '770 patent''); and U.S. Patent No. 8,696,538 (``the '538 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. 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 210 (Friday, October 30, 2015) 
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66934-66935]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27668]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-968]


Certain Radiotherapy Systems and Treatment Planning Software, and 
Components Thereof; 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 September 25, 2015, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Varian Medical Systems, Inc. of Palo Alto, California and 
Varian Medical Systems International AG of Switzerland. Supplements 
were filed on October 13, 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 radiotherapy systems and treatment 
planning software, and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 7,945,021 (``the '021 patent''); U.S. 
Patent No. 8,116,430 (``the '430 patent''); U.S. Patent No. 8,867,703 
(``the '703 patent''); U.S. Patent No. 7,880,154 (``the '154 patent''); 
U.S. Patent No. 7,906,770 (``the '770 patent''); and U.S. Patent No. 
8,696,538 (``the '538 patent''). The complaint further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    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 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 October 26, 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 radiotherapy 
systems and treatment planning software, and components thereof by 
reason of infringement of one or more of claims 1, 2, 4-9, 11-16, 53-
56, and 58-62 of the '021 patent; claims 1-4, 6-10, 12, 18, and 19 of 
the '430 patent; claims 1-10, 12-15, and 17-21 of the '703 patent; 
claims 19-28 and 33-36 of the '154 patent; claims 61-63, 65, and 67-70 
of the '770 patent; and claims 23, 25, 26, 39-42, 45, and 50 of the 
'538 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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:

Varian Medical Systems, Inc., 3100 Hansen Way, Palo Alto, CA 94304.
Varian Medical Systems International AG, Hinterbergstrasse 14, 6330 
Cham, ZG, Switzerland.

    (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:

Elekta AB, Kungstensgatan 18, SE-103 93 Stockholm, Sweden.
Elekta Ltd., Linac House, Fleming Way, RH10 9RR Crawley, United 
Kingdom.
Elekta GmbH, Borsteler Chaussee 49, 22453 Hamburg, Germany.
Elekta Inc., 400 Perimeter Center Terrace, Suite 50, Atlanta, GA 30346.
IMPAC Medical Systems, Inc., 100 Mathilda Place, 5th Floor, Sunnyvale, 
CA 94086 .
Elekta Instrument (Shanghai) Limited, Room 3202 & 3203, Pangu Plaza, 
Office Building, Block A, No. 27 Fourth Ring Mid Road, Chaoyang 
District, 100101 Shanghai, China.
Elekta Beijing Medical Systems Co. Ltd., No. 21, Chuang Xin Road, 
Science, & Technology Park, Chang Ping, Beijing, 102200, China.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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

[[Page 66935]]

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: October 26, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-27668 Filed 10-29-15; 8:45 am]
BILLING CODE 7020-02-P

66934 Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices personal identifying information in your during official business hours (8:45 a.m. issue, which shall be limited to the comment, you should be aware that to 5:15 p.m.) in the Office of the statutory public interest factors set forth your entire comment—including your Secretary, U.S. International Trade in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); personal identifying information—may Commission, 500 E Street SW., Room (3) For the purpose of the be made publicly available at any time. 112, Washington, DC 20436, telephone investigation so instituted, the following While you can ask us in your comment (202) 205–2000. Hearing impaired are hereby named as parties upon which to withhold your personal identifying individuals are advised that information this notice of investigation shall be information from public review, we on this matter can be obtained by served: cannot guarantee that we will be able to contacting the Commission’s TDD (a) The complainants are: do so. terminal on (202) 205–1810. Persons Varian Medical Systems, Inc., 3100 Dated: September 21, 2015. with mobility impairments who will Hansen Way, Palo Alto, CA 94304. Jason Phillips, need special assistance in gaining access Varian Medical Systems International Deputy Regional Director, Mid-Pacific Region. to the Commission should contact the AG, Hinterbergstrasse 14, 6330 Cham, Office of the Secretary at (202) 205– ZG, Switzerland. [FR Doc. 2015–27716 Filed 10–29–15; 8:45 am] 2000. General information concerning (b) The respondents are the following BILLING CODE 4332–90–P the Commission may also be obtained entities alleged to be in violation of by accessing its internet server at section 337, and are the parties upon http://www.usitc.gov. The public record which the complaint is to be served: INTERNATIONAL TRADE for this investigation may be viewed on COMMISSION Elekta AB, Kungstensgatan 18, SE–103 the Commission’s electronic docket 93 Stockholm, Sweden. [Inv. No. 337–TA–968] (EDIS) at http://edis.usitc.gov. Elekta Ltd., Linac House, Fleming Way, FOR FURTHER INFORMATION CONTACT: The RH10 9RR Crawley, United Kingdom. Certain Radiotherapy Systems and Office of Unfair Import Investigations, Elekta GmbH, Borsteler Chaussee 49, Treatment Planning Software, and U.S. International Trade Commission, 22453 Hamburg, Germany. Components Thereof; Institution of telephone (202) 205–2560. Elekta Inc., 400 Perimeter Center Investigation Terrace, Suite 50, Atlanta, GA 30346. Authority: The authority for institution of AGENCY: U.S. International Trade this investigation is contained in section 337 IMPAC Medical Systems, Inc., 100 Commission. of the Tariff Act of 1930, as amended, and Mathilda Place, 5th Floor, Sunnyvale, ACTION: Notice. in section 210.10 of the Commission’s Rules CA 94086 . of Practice and Procedure, 19 CFR 210.10 Elekta Instrument (Shanghai) Limited, SUMMARY: Notice is hereby given that a (2015). Room 3202 & 3203, Pangu Plaza, complaint was filed with the U.S. Scope of Investigation: Having Office Building, Block A, No. 27 International Trade Commission on considered the complaint, the U.S. Fourth Ring Mid Road, Chaoyang September 25, 2015, under section 337 International Trade Commission, on District, 100101 Shanghai, China. of the Tariff Act of 1930, as amended, October 26, 2015, ordered that— Elekta Beijing Medical Systems Co. Ltd., 19 U.S.C. 1337, on behalf of Varian (1) Pursuant to subsection (b) of No. 21, Chuang Xin Road, Science, & Medical Systems, Inc. of Palo Alto, section 337 of the Tariff Act of 1930, as Technology Park, Chang Ping, Beijing, California and Varian Medical Systems amended, an investigation be instituted 102200, China. International AG of Switzerland. to determine whether there is a (c) The Office of Unfair Import Supplements were filed on October 13, violation of subsection (a)(1)(B) of Investigations, U.S. International Trade 2015. The complaint, as supplemented, section 337 in the importation into the Commission, 500 E Street SW., Suite alleges violations of section 337 based United States, the sale for importation, 401, Washington, DC 20436; and upon the importation into the United or the sale within the United States after (4) For the investigation so instituted, States, the sale for importation, and the importation of certain radiotherapy the Chief Administrative Law Judge, sale within the United States after systems and treatment planning U.S. International Trade Commission, importation of certain radiotherapy software, and components thereof by shall designate the presiding systems and treatment planning reason of infringement of one or more of Administrative Law Judge. software, and components thereof by claims 1, 2, 4–9, 11–16, 53–56, and 58– Responses to the complaint and the reason of infringement of certain claims 62 of the ’021 patent; claims 1–4, 6–10, notice of investigation must be of U.S. Patent No. 7,945,021 (‘‘the ’021 12, 18, and 19 of the ’430 patent; claims submitted by the named respondents in patent’’); U.S. Patent No. 8,116,430 (‘‘the 1–10, 12–15, and 17–21 of the ’703 accordance with section 210.13 of the ’430 patent’’); U.S. Patent No. 8,867,703 patent; claims 19–28 and 33–36 of the Commission’s Rules of Practice and (‘‘the ’703 patent’’); U.S. Patent No. ’154 patent; claims 61–63, 65, and 67– Procedure, 19 CFR 210.13. Pursuant to 7,880,154 (‘‘the ’154 patent’’); U.S. 70 of the ’770 patent; and claims 23, 25, 19 CFR 201.16(e) and 210.13(a), such Patent No. 7,906,770 (‘‘the ’770 patent’’); 26, 39–42, 45, and 50 of the ’538 patent, responses will be considered by the and U.S. Patent No. 8,696,538 (‘‘the ’538 and whether an industry in the United Commission if received not later than 20 patent’’). The complaint further alleges States exists as required by subsection days after the date of service by the that an industry in the United States (a)(2) of section 337; Commission of the complaint and the exists as required by subsection (a)(2) of (2) Pursuant to Commission Rule notice of investigation. Extensions of section 337. 210.50(b)(1), 19 CFR 210.50(b)(1), the time for submitting responses to the The complainants request that the presiding administrative law judge shall complaint and the notice of tkelley on DSK3SPTVN1PROD with NOTICES Commission institute an investigation take evidence or other information and investigation will not be granted unless and, after the investigation, issue a hear arguments from the parties and good cause therefor is shown. limited exclusion order and cease and other interested persons with respect to Failure of a respondent to file a timely desist orders. the public interest in this investigation, response to each allegation in the ADDRESSES: The complaint, except for as appropriate, and provide the complaint and in this notice may be any confidential information contained Commission with findings of fact and a deemed to constitute a waiver of the therein, is available for inspection recommended determination on this right to appear and contest the VerDate Sep<11>2014 17:37 Oct 29, 2015 Jkt 238001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1

Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices 66935 allegations of the complaint and this Issued: October 27, 2015. To submit Send them to: notice, and to authorize the William R. Bishop, comments: administrative law judge and the Supervisory Hearings and Information Commission, without further notice to Officer. By mail ......... Assistant Attorney General, the respondent, to find the facts to be as U.S. DOJ—ENRD, P.O. [FR Doc. 2015–27739 Filed 10–29–15; 8:45 am] Box 7611, Washington, DC alleged in the complaint and this notice BILLING CODE 7020–02–P 20044–7611. and to enter an initial determination and a final determination containing During the public comment period, such findings, and may result in the DEPARTMENT OF JUSTICE the Consent Decree may be examined issuance of an exclusion order or a cease and downloaded at this Justice and desist order or both directed against Notice of Lodging of Proposed Department Web site: http:// the respondent. Consent Decree Under the Clean Air www.justice.gov/enrd/consent-decrees. By order of the Commission. Act We will provide a paper copy of the Issued: October 26, 2015. Consent Decree upon written request On October 26, 2015, the Department William R. Bishop, and payment of reproduction costs. of Justice lodged a proposed Consent Supervisory Hearings and Information Please mail your request and payment Decree with the United States District Officer. to: Consent Decree Library, U.S. DOJ— Court for the Northern District of Ohio ENRD, P.O. Box 7611, Washington, DC [FR Doc. 2015–27668 Filed 10–29–15; 8:45 am] in the lawsuit entitled United States v. 20044–7611 BILLING CODE 7020–02–P Cleveland Thermal, LLC., Civil Action Please enclose a check or money order No. 1:15–cv–2198. for $24.75 (25 cents per page In the Complaint, the United States reproduction cost) payable to the United INTERNATIONAL TRADE alleges that Cleveland Thermal, LLC, States Treasury. For a paper copy COMMISSION (‘‘Cleveland Thermal’’) violated, at a without the exhibits and signature steam generating facility that it owns pages, the cost is $15.50. [Investigation No. 731–TA–149 (Fourth and operates in Cleveland, Ohio, the Review)] Prevention of Significant Deterioration Randall M. Stone, regulations, the Nonattainment New Acting Assistant Section Chief, Barium Chloride From China; Source Review regulations, and the Environmental Enforcement Section, Determination Standards of Performance for New Environment and Natural Resources Division. Stationary Sources, all promulgated [FR Doc. 2015–27615 Filed 10–29–15; 8:45 am] On the basis of the record 1 developed under the Clean Air Act, 42 U.S.C. 7401 BILLING CODE 4410–15–P in the subject five-year review, the et seq. United States International Trade Under the Consent Decree, Cleveland Commission (‘‘Commission’’) Thermal will retire all three of its coal- DEPARTMENT OF LABOR determines, pursuant to the Tariff Act of fired boilers; will retire three of its five 1930, that revocation of the fuel oil-fired boilers; and will operate its Office of the Secretary antidumping duty order on barium remaining two fuel oil-fired boilers as chloride from China would be likely to ‘‘limited use’’ boilers. Cleveland Agency Information Collection lead to continuation or recurrence of Thermal will install and operate new Activities; Submission for OMB material injury to an industry in the natural gas-fired boilers to replace the Review; Comment Request; Resource United States within a reasonably lost capacity. The new natural gas-fired Justification Model foreseeable time. boilers must be properly permitted. In ACTION: Notice. Background addition, Cleveland Thermal may opt to install and operate a properly permitted SUMMARY: The Department of Labor The Commission, pursuant to section new, natural gas-fired cogeneration (DOL) is submitting the Employment 751(c) of the Tariff Act of 1930 (19 facility. Cleveland Thermal will pay a and Training Administration (ETA) U.S.C. 1675(c)), instituted this review civil penalty of $75,000 and perform an sponsored information collection on May 1, 2015 (80 FR 24973) and environmental mitigation project worth request (ICR) revision titled, ‘‘Resource determined on August 4, 2015 that it $350,000. Justification Model,’’ to the Office of would conduct an expedited review (80 The publication of this notice opens Management and Budget (OMB) for FR 50869, August 21, 2015). a period for public comment on the review and approval for use in The Commission made this Consent Decree. Comments should be accordance with the Paperwork determination pursuant to section addressed to the Assistant Attorney Reduction Act (PRA) of 1995 (44 U.S.C. 751(c) of the Tariff Act of 1930 (19 General, Environment and Natural 3501 et seq.). Public comments on the U.S.C. 1675(c)). It completed and filed Resources Division, and should refer to ICR are invited. its determination in this review on United States v. Cleveland Thermal, DATES: The OMB will consider all October 27, 2015. The views of the LLC, D.J. Ref. No. 90–5–2–1–10579. All written comments that agency receives Commission are contained in USITC comments must be submitted no later on or before November 30, 2015. Publication 4574 (October 2015), than thirty (30) days after the ADDRESSES: A copy of this ICR with entitled Barium Chloride from China: publication date of this notice. applicable supporting documentation; Comments may be submitted either by tkelley on DSK3SPTVN1PROD with NOTICES Investigation No. 731–TA–149 (Fourth including a description of the likely Review). email or by mail: respondents, proposed frequency of By order of the Commission. response, and estimated total burden To submit comments: Send them to: may be obtained free of charge from the 1 Therecord is defined in sec. 207.2(f) of the RegInfo.gov Web site at http:// Commission’s Rules of Practice and Procedure (19 By e-mail ...... pubcomment-ees.enrd@ www.reginfo.gov/public/do/ CFR 207.2(f)). usdoj.gov. PRAViewICR?ref_nbr=201507-1205-002 VerDate Sep<11>2014 17:37 Oct 29, 2015 Jkt 238001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\30OCN1.SGM 30OCN1


Document Created: 2015-12-14 15:29:47
Document Modified: 2015-12-14 15:29:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactThe Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation80 FR 66934 
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