80_FR_69092 80 FR 68877 - Certain Height-Adjustable Desk Platforms and Components Thereof; Institution of Investigation

80 FR 68877 - Certain Height-Adjustable Desk Platforms and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 215 (November 6, 2015)

Page Range68877-68878
FR Document2015-28328

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 2, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Varidesk LLC of Coppell, Texas. A supplement to the complaint was filed on October 26, 2015. 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 height-adjustable desk platforms and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,113,703 (``the '703 patent''). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

Federal Register, Volume 80 Issue 215 (Friday, November 6, 2015)
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68877-68878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28328]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-970]


Certain Height-Adjustable Desk Platforms 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 October 2, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Varidesk LLC of Coppell, Texas. A supplement to the complaint was filed 
on October 26, 2015. 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 height-adjustable desk platforms and components thereof by 
reason of infringement of certain claims of U.S. Patent No. 9,113,703 
(``the '703 patent''). The complaint further alleges that an industry 
in the United States exists or is in the process of being established 
as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

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 30, 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 height-
adjustable desk platforms and components thereof by reason of 
infringement of one or more of claims 1-4, 6, and 9-11 of the '703 
patent, and whether an industry in the United States exists or is in 
the process of being established as required by subsection (a)(2) of 
section 337;

[[Page 68878]]

    (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: Varidesk LLC, 117 Wrangler Drive, Coppell, 
TX 75019.
    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served: Brunswick Corp., Life Fitness Division, 1 North Field 
Court, Lake Forest, IL 60045-4811.
    (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 respondent 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 the 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: November 3, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-28328 Filed 11-5-15; 8:45 am]
BILLING CODE 7020-02-P



                                                                               Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices                                               68877

                                                  tracking devices, systems, and                          210.4(f)). Submissions should refer to                and components thereof by reason of
                                                  components thereof. The complaint                       the docket number (‘‘Docket No. 3096’’)               infringement of certain claims of U.S.
                                                  names as respondents AliphCom d/b/a                     in a prominent place on the cover page                Patent No. 9,113,703 (‘‘the ’703 patent’’).
                                                  Jawbone of San Francisco, CA and                        and/or the first page. (See Handbook for              The complaint further alleges that an
                                                  BodyMedia, Inc. of Pittsburgh, PA. The                  Electronic Filing Procedures, Electronic              industry in the United States exists or
                                                  complainant requests that the                           Filing Procedures 4). Persons with                    is in the process of being established as
                                                  Commission issue a limited exclusion                    questions regarding filing should                     required by subsection (a)(2) of section
                                                  order and a cease and desist order.                     contact the Secretary (202–205–2000).                 337.
                                                     Proposed respondents, other                             Any person desiring to submit a                       The complainant requests that the
                                                  interested parties, and members of the                  document to the Commission in                         Commission institute an investigation
                                                  public are invited to file comments, not                confidence must request confidential                  and, after the investigation, issue a
                                                  to exceed five (5) pages in length,                     treatment. All such requests should be                limited exclusion order and a cease and
                                                  inclusive of attachments, on any public                 directed to the Secretary to the                      desist order.
                                                  interest issues raised by the complaint                 Commission and must include a full                    ADDRESSES: The complaint, except for
                                                  or section 210.8(b) filing. Comments                    statement of the reasons why the                      any confidential information contained
                                                  should address whether issuance of the                  Commission should grant such                          therein, is available for inspection
                                                  relief specifically requested by the                    treatment. See 19 CFR 201.6. Documents                during official business hours (8:45 a.m.
                                                  complainant in this investigation would                 for which confidential treatment by the               to 5:15 p.m.) in the Office of the
                                                  affect the public health and welfare in                 Commission is properly sought will be                 Secretary, U.S. International Trade
                                                  the United States, competitive                          treated accordingly. All nonconfidential              Commission, 500 E Street SW., Room
                                                  conditions in the United States                         written submissions will be available for             112, Washington, DC 20436, telephone
                                                  economy, the production of like or                      public inspection at the Office of the                (202) 205–2000. Hearing impaired
                                                  directly competitive articles in the                    Secretary and on EDIS.5                               individuals are advised that information
                                                  United States, or United States                            This action is taken under the                     on this matter can be obtained by
                                                  consumers.                                              authority of section 337 of the Tariff Act            contacting the Commission’s TDD
                                                     In particular, the Commission is                     of 1930, as amended (19 U.S.C. 1337),                 terminal on (202) 205–1810. Persons
                                                  interested in comments that:                            and of sections 201.10 and 210.8(c) of
                                                     (i) Explain how the articles                                                                               with mobility impairments who will
                                                                                                          the Commission’s Rules of Practice and                need special assistance in gaining access
                                                  potentially subject to the requested                    Procedure (19 CFR 201.10, 210.8(c)).
                                                  remedial orders are used in the United                                                                        to the Commission should contact the
                                                                                                            By order of the Commission.                         Office of the Secretary at (202) 205–
                                                  States;                                                   Issued: November 2, 2015.
                                                     (ii) Identify any public health, safety,                                                                   2000. General information concerning
                                                  or welfare concerns in the United States                Lisa R. Barton,                                       the Commission may also be obtained
                                                  relating to the requested remedial                      Secretary to the Commission.                          by accessing its internet server at http://
                                                  orders;                                                 [FR Doc. 2015–28329 Filed 11–5–15; 8:45 am]           www.usitc.gov. The public record for
                                                     (iii) Identify like or directly                      BILLING CODE 7020–02–P                                this investigation may be viewed on the
                                                  competitive articles that complainant,                                                                        Commission’s electronic docket (EDIS)
                                                  its licensees, or third parties make in the                                                                   at http://edis.usitc.gov.
                                                  United States which could replace the                   INTERNATIONAL TRADE                                   FOR FURTHER INFORMATION CONTACT: The
                                                  subject articles if they were to be                     COMMISSION                                            Office of Unfair Import Investigations,
                                                  excluded;                                               [Investigation No. 337–TA–970]                        U.S. International Trade Commission,
                                                     (iv) Indicate whether complainant,                                                                         telephone (202) 205–2560.
                                                  complainant’s licensees, and/or third                   Certain Height-Adjustable Desk                          Authority: The authority for institution of
                                                  party suppliers have the capacity to                    Platforms and Components Thereof;                     this investigation is contained in section 337
                                                  replace the volume of articles                          Institution of Investigation                          of the Tariff Act of 1930, as amended, and
                                                  potentially subject to the requested                                                                          in section 210.10 of the Commission’s Rules
                                                  exclusion order and/or a cease and                      AGENCY: U.S. International Trade                      of Practice and Procedure, 19 CFR 210.10
                                                  desist order within a commercially                      Commission.                                           (2015).
                                                  reasonable time; and                                    ACTION: Notice.
                                                     (v) Explain how the requested                                                                                Scope of Investigation: Having
                                                  remedial orders would impact United                     SUMMARY:   Notice is hereby given that a              considered the complaint, the U.S.
                                                  States consumers.                                       complaint was filed with the U.S.                     International Trade Commission, on
                                                     Written submissions must be filed no                 International Trade Commission on                     October 30, 2015, ordered that—
                                                  later than by close of business, eight                  October 2, 2015, under section 337 of                   (1) Pursuant to subsection (b) of
                                                  calendar days after the date of                         the Tariff Act of 1930, as amended, 19                section 337 of the Tariff Act of 1930, as
                                                  publication of this notice in the Federal               U.S.C. 1337, on behalf of Varidesk LLC                amended, an investigation be instituted
                                                  Register. There will be further                         of Coppell, Texas. A supplement to the                to determine whether there is a
                                                  opportunities for comment on the                        complaint was filed on October 26,                    violation of subsection (a)(1)(B) of
                                                  public interest after the issuance of any               2015. The complaint alleges violations                section 337 in the importation into the
                                                  final initial determination in this                     of section 337 based upon the                         United States, the sale for importation,
                                                  investigation.                                          importation into the United States, the               or the sale within the United States after
                                                                                                          sale for importation, and the sale within
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                                                     Persons filing written submissions                                                                         importation of certain height-adjustable
                                                  must file the original document                         the United States after importation of                desk platforms and components thereof
                                                  electronically on or before the deadlines               certain height-adjustable desk platforms              by reason of infringement of one or
                                                  stated above and submit 8 true paper                                                                          more of claims 1–4, 6, and 9–11 of the
                                                                                                            4 Handbook for Electronic Filing Procedures:
                                                  copies to the Office of the Secretary by                                                                      ’703 patent, and whether an industry in
                                                                                                          http://www.usitc.gov/secretary/fed_reg_notices/
                                                  noon the next day pursuant to section                   rules/handbook_on_electronic_filing.pdf.              the United States exists or is in the
                                                  210.4(f) of the Commission’s Rules of                     5 Electronic Document Information System            process of being established as required
                                                  Practice and Procedure (19 CFR                          (EDIS): http://edis.usitc.gov.                        by subsection (a)(2) of section 337;


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                                                  68878                        Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices

                                                     (2) For the purpose of the                           INTERNATIONAL TRADE                                   ACTION:   60-day notice.
                                                  investigation so instituted, the following              COMMISSION
                                                  are hereby named as parties upon which                                                                        SUMMARY:   The Department of Justice
                                                                                                          [Investigation Nos. 701–TA–437 and 731–               (DOJ), Office of Justice Programs,
                                                  this notice of investigation shall be                   TA–1060–1061 (Second Review)]                         Bureau of Justice Assistance, will be
                                                  served:
                                                                                                                                                                submitting the following information
                                                     (a) The complainant is: Varidesk LLC,                Carbazole Violet Pigment 23 From                      collection request to the Office of
                                                  117 Wrangler Drive, Coppell, TX 75019.                  China and India; Determinations                       Management and Budget (OMB) for
                                                     (b) The respondent is the following                     On the basis of the record 1 developed             review and approval in accordance with
                                                  entity alleged to be in violation of                    in the subject five-year reviews, the                 the Paperwork Reduction Act of 1995.
                                                  section 337, and is the party upon                      United States International Trade                     DATES: Comments are encouraged and
                                                  which the complaint is to be served:                    Commission (‘‘Commission’’)                           will be accepted for 60 days until
                                                  Brunswick Corp., Life Fitness Division,                 determines, pursuant to the Tariff Act of             January 5, 2016.
                                                  1 North Field Court, Lake Forest, IL                    1930, that revocation of the                          FOR FURTHER INFORMATION CONTACT: If
                                                  60045–4811.                                             countervailing duty order on carbazole                you have additional comments on the
                                                                                                          violet pigment 23 from India and                      estimated burden to facilities covered by
                                                     (c) The Office of Unfair Import
                                                                                                          revocation of the antidumping duty                    the standards to comply with the
                                                  Investigations, U.S. International Trade
                                                                                                          orders on carbazole violet pigment 23                 regulation’s reporting requirements,
                                                  Commission, 500 E Street SW., Suite                     from China and India would be likely to               suggestions, or need additional
                                                  401, Washington, DC 20436; and                          lead to continuation or recurrence of                 information, please contact Gregory Joy,
                                                     (3) For the investigation so instituted,             material injury to an industry in the                 Program Analyst, Bureau of Justice
                                                  the Chief Administrative Law Judge,                     United States within a reasonably                     Assistance, 810 Seventh Street NW.,
                                                  U.S. International Trade Commission,                    foreseeable time.                                     Washington, DC 20531.
                                                  shall designate the presiding                           Background                                            SUPPLEMENTARY INFORMATION: Written
                                                  Administrative Law Judge.                                                                                     comments and suggestions from the
                                                                                                             The Commission, pursuant to section                public and affected agencies concerning
                                                     Responses to the complaint and the
                                                                                                          751(c) of the Tariff Act of 1930 (19                  the proposed collection of information
                                                  notice of investigation must be                         U.S.C. 1675(c)), instituted these reviews
                                                  submitted by the named respondent in                                                                          are encouraged. Your comments should
                                                                                                          on April 1, 2015 (80 FR 17943) and                    address one or more of the following
                                                  accordance with section 210.13 of the                   determined on July 6, 2015 that it would
                                                  Commission’s Rules of Practice and                                                                            four points:
                                                                                                          conduct expedited reviews (80 FR
                                                  Procedure, 19 CFR 210.13. Pursuant to                   43119, July 21, 2015).                                —Evaluate whether the proposed
                                                  19 CFR 201.16(e) and 210.13(a), such                       The Commission made these                            collection of information is necessary
                                                  responses will be considered by the                     determinations pursuant to section                      for the proper performance of the
                                                  Commission if received not later than 20                751(c) of the Tariff Act of 1930 (19                    functions of the Bureau of Justice
                                                  days after the date of service by the                   U.S.C. 1675(c)). It completed and filed                 Assistance, including whether the
                                                  Commission of the complaint and the                     its determinations in these reviews on                  information will have practical utility;
                                                  notice of investigation. Extensions of                  November 2, 2015. The views of the                    —Evaluate the accuracy of the agency’s
                                                  time for submitting responses to the                    Commission are contained in USITC                       estimate of the burden of the
                                                  complaint and the notice of                             Publication 4575 (November 2015),                       proposed collection of information,
                                                                                                          entitled Carbazole Violet Pigment 23                    including the validity of the
                                                  investigation will not be granted unless
                                                                                                          from China and India: Investigation                     methodology and assumptions used;
                                                  good cause therefor is shown.
                                                                                                          Nos. 701±TA±437 and 731±TA±1060±                      —Evaluate whether, and if so how, the
                                                     Failure of the respondent to file a                                                                          quality, utility, and clarity of the
                                                                                                          1061 (Second Review).
                                                  timely response to each allegation in the                                                                       information to be collected can be
                                                  complaint and in this notice may be                       By order of the Commission.                           enhanced; and/or
                                                  deemed to constitute a waiver of the                      Issued: November 2, 2015.                           —Minimize the burden of the collection
                                                  right to appear and contest the                         Lisa R. Barton,                                         of information on those who are to
                                                  allegations of the complaint and this                   Secretary to the Commission.                            respond, including through the use of
                                                  notice, and to authorize the                            [FR Doc. 2015–28301 Filed 11–5–15; 8:45 am]             appropriate automated, electronic,
                                                  administrative law judge and the                        BILLING CODE 7020–02–P                                  mechanical, or other technological
                                                  Commission, without further notice to                                                                           collection techniques or other forms
                                                  the respondent, to find the facts to be as                                                                      of information technology, e.g.,
                                                  alleged in the complaint and this notice                DEPARTMENT OF JUSTICE                                   permitting electronic submission of
                                                  and to enter an initial determination                                                                           responses.
                                                                                                          [OMB Number 1121–0259]
                                                  and a final determination containing                                                                          Overview of This Information
                                                  such findings, and may result in the                    Agency Information Collection                         Collection
                                                  issuance of an exclusion order or a cease               Activities; Proposed eCollection                        1. Type of Information Collection:
                                                  and desist order or both directed against               eComments Requested; Extension                        Extension of a currently approved
                                                  the respondent.                                         Without Change, of a Previously                       collection.
                                                                                                          Approved Collection: Public Safety
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    By order of the Commission.                                                                                   2. The Title of the Form/Collection:
                                                    Issued: November 3, 2015.                             Officer Medal of Valor                                Public Safety Officer Medal of Valor
                                                  Lisa R. Barton,                                         AGENCY:Bureau of Justice Assistance,                  (Pub. L. 107–12).
                                                                                                                                                                  3. The agency form number, if any,
                                                  Secretary to the Commission.                            Department of Justice.
                                                                                                                                                                and the applicable component of the
                                                  [FR Doc. 2015–28328 Filed 11–5–15; 8:45 am]                                                                   Department sponsoring the collection:
                                                                                                            1 The record is defined in sec. 207.2(f) of the
                                                  BILLING CODE 7020–02–P
                                                                                                          Commission’s Rules of Practice and Procedure (19      The application process is managed
                                                                                                          CFR 207.2(f)).                                        through the Internet, using the Office of


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Document Created: 2015-12-14 15:09:03
Document Modified: 2015-12-14 15:09:03
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 68877 

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