80 FR 72738 - Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 224 (November 20, 2015)

Page Range		72738-72738
FR Document		2015-29670

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 16, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Select Comfort Corporation of Minneapolis, Minnesota and Select Comfort SC Corporation of Greenville, South Carolina. Supplements were filed on October 28, 2015 and November 5, 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 air mattress systems, components thereof, and methods of using the same by reason of infringement of certain claims of U.S. Patent No. 5,904,172 (``the '172 patent'') and U.S. Patent No. 7,389,554 (``the '554 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 224 (Friday, November 20, 2015)

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Page 72738]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29670]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-971]


Certain Air Mattress Systems, Components Thereof, and Methods of 
Using the Same; 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 16, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Select Comfort Corporation of Minneapolis, Minnesota and Select Comfort 
SC Corporation of Greenville, South Carolina. Supplements were filed on 
October 28, 2015 and November 5, 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 air mattress systems, components 
thereof, and methods of using the same by reason of infringement of 
certain claims of U.S. Patent No. 5,904,172 (``the '172 patent'') and 
U.S. Patent No. 7,389,554 (``the '554 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 November 16, 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 air mattress 
systems, components thereof, and methods of using the same by reason of 
infringement of one or more of claims 2, 6, 9, 12, 16, 20 and 22-24 of 
the '172 patent and claims 1, 5, 6, 16, 22, and 26 of the '554 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: Select Comfort Corporation, 9800 59th 
Avenue North, Minneapolis, MN 55442; Select Comfort SC Corporation, 103 
Shaw Street, Greenville, SC 29609.
    (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: Sizewise Rentals LLC, 1600 Genessee, Suite 950, Kansas 
City, MO 64102; American National Manufacturing Inc., 252 Mariah 
Circle, Corona, CA 92879; Dires LLC and Dires LLC d/b/a Personal 
Comfort Beds, 3411 Lake Breeze Drive, Bldg. 601, Ste. E/F, Orlando, FL 
32808.
    (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 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 17, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-29670 Filed 11-19-15; 8:45 am]
BILLING CODE 7020-02-P

72738 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Notices

furnishing the summary, and will contacting the Commission’s TDD (b) The respondents are the following
include a link to the Commission’s terminal on (202) 205–1810. Persons entities alleged to be in violation of
Electronic Document Information with mobility impairments who will section 337, and are the parties upon
System (EDIS) where the full written need special assistance in gaining access which the complaint is to be served:
submission can be found. to the Commission should contact the Sizewise Rentals LLC, 1600 Genessee,
By order of the Commission. Office of the Secretary at (202) 205– Suite 950, Kansas City, MO 64102;
2000. General information concerning American National Manufacturing Inc.,
Issued: November 17, 2015.
the Commission may also be obtained 252 Mariah Circle, Corona, CA 92879;
Lisa R. Barton,
by accessing its Internet server at Dires LLC and Dires LLC d/b/a Personal
Secretary to the Commission. http://www.usitc.gov. The public record Comfort Beds, 3411 Lake Breeze Drive,
[FR Doc. 2015–29659 Filed 11–19–15; 8:45 am] for this investigation may be viewed on Bldg. 601, Ste. E/F, Orlando, FL 32808.
BILLING CODE 7020–02–P the Commission’s electronic docket (c) The Office of Unfair Import
(EDIS) at http://edis.usitc.gov. Investigations, U.S. International Trade
FOR FURTHER INFORMATION CONTACT: The Commission, 500 E Street SW., Suite
INTERNATIONAL TRADE Office of Unfair Import Investigations, 401, Washington, DC 20436; and
COMMISSION U.S. International Trade Commission, (4) For the investigation so instituted,
[Investigation No. 337–TA–971] telephone (202) 205–2560. the Chief Administrative Law Judge,
Authority: The authority for U.S. International Trade Commission,
Certain Air Mattress Systems, institution of this investigation is shall designate the presiding
Components Thereof, and Methods of contained in section 337 of the Tariff Administrative Law Judge.
Using the Same; Institution of Act of 1930, as amended, and in section Responses to the complaint and the
Investigation 210.10 of the Commission’s Rules of notice of investigation must be
Practice and Procedure, 19 CFR 210.10 submitted by the named respondents in
AGENCY: U.S. International Trade (2015). accordance with section 210.13 of the
Commission. Scope of Investigation: Having Commission’s Rules of Practice and
ACTION: Notice. considered the complaint, the U.S. Procedure, 19 CFR 210.13. Pursuant to
SUMMARY: Notice is hereby given that a International Trade Commission, on 19 CFR 201.16(e) and 210.13(a), such
complaint was filed with the U.S. November 16, 2015, ORDERED THAT— responses will be considered by the
(1) Pursuant to subsection (b) of Commission if received not later than 20
International Trade Commission on
section 337 of the Tariff Act of 1930, as days after the date of service by the
October 16, 2015, under section 337 of
amended, an investigation be instituted Commission of the complaint and the
the Tariff Act of 1930, as amended, 19 to determine whether there is a
U.S.C. 1337, on behalf of Select Comfort notice of investigation. Extensions of
violation of subsection (a)(1)(B) of time for submitting responses to the
Corporation of Minneapolis, Minnesota section 337 in the importation into the
and Select Comfort SC Corporation of complaint and the notice of
United States, the sale for importation, investigation will not be granted unless
Greenville, South Carolina. or the sale within the United States after
Supplements were filed on October 28, good cause therefor is shown.
importation of certain air mattress Failure of a respondent to file a timely
2015 and November 5, 2015. The systems, components thereof, and
complaint, as supplemented, alleges response to each allegation in the
methods of using the same by reason of complaint and in this notice may be
violations of section 337 based upon the infringement of one or more of claims 2,
importation into the United States, the deemed to constitute a waiver of the
6, 9, 12, 16, 20 and 22–24 of the ’172 right to appear and contest the
sale for importation, and the sale within patent and claims 1, 5, 6, 16, 22, and 26
the United States after importation of allegations of the complaint and this
of the ’554 patent, and whether an notice, and to authorize the
certain air mattress systems, industry in the United States exists as
components thereof, and methods of administrative law judge and the
required by subsection (a)(2) of section Commission, without further notice to
using the same by reason of 337;
infringement of certain claims of U.S. the respondent, to find the facts to be as
(2) Pursuant to Commission Rule
Patent No. 5,904,172 (‘‘the ’172 patent’’) alleged in the complaint and this notice
210.50(b)(1), 19 CFR 210.50(b)(1), the
and U.S. Patent No. 7,389,554 (‘‘the ’554 and to enter an initial determination
presiding administrative law judge shall
patent’’). The complaint further alleges take evidence or other information and and a final determination containing
that an industry in the United States hear arguments from the parties and such findings, and may result in the
exists as required by subsection (a)(2) of other interested persons with respect to issuance of an exclusion order or a cease
section 337. the public interest in this investigation, and desist order or both directed against
The complainants request that the as appropriate, and provide the the respondent.
Commission institute an investigation Commission with findings of fact and a By order of the Commission.
and, after the investigation, issue a recommended determination on this Issued: November 17, 2015.
limited exclusion order and cease and issue, which shall be limited to the Lisa R. Barton,
desist orders. statutory public interest factors set forth Secretary to the Commission.
ADDRESSES: The complaint, except for in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); [FR Doc. 2015–29670 Filed 11–19–15; 8:45 am]
any confidential information contained (3) For the purpose of the BILLING CODE 7020–02–P
therein, is available for inspection investigation so instituted, the following
during official business hours (8:45 a.m. are hereby named as parties upon which
tkelley on DSK3SPTVN1PROD with NOTICES

to 5:15 p.m.) in the Office of the this notice of investigation shall be
Secretary, U.S. International Trade DEPARTMENT OF JUSTICE
served:
Commission, 500 E Street SW., Room (a) The complainants are: Select Foreign Claims Settlement
112, Washington, DC 20436, telephone Comfort Corporation, 9800 59th Avenue Commission
(202) 205–2000. Hearing impaired North, Minneapolis, MN 55442; Select
individuals are advised that information Comfort SC Corporation, 103 Shaw AGENCY:Foreign Claims Settlement
on this matter can be obtained by Street, Greenville, SC 29609. Commission of the United States, DOJ.

VerDate Sep<11>2014 17:39 Nov 19, 2015 Jkt 238001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1

Document Created: 2015-12-14 13:59:00
Document Modified: 2015-12-14 13:59:00

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 72738