81 FR 1205 - Certain Radio Frequency Identification (“RFID”) Products and Components Thereof Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 6 (January 11, 2016)
Federal Register Volume 81, Issue 6 (January 11, 2016)
| Page Range | 1205-1206 | |
| FR Document | 2016-00289 |
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)] [Notices] [Pages 1205-1206] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00289] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-979] Certain Radio Frequency Identification (``RFID'') Products 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 December 4, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Neology, Inc. of Poway, California. A supplement to the complaint was filed on December 22, 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 radio frequency identification (``RFID'') products and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,325,044 (``the '044 patent''); U.S. Patent No. 8,587,436 (``the '436 patent''); and U.S. Patent No. 7,119,664 (``the '664 patent''). The complaint further alleges that an industry in the United States exists 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 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 January 5, 2016, 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 radio frequency identification (``RFID'') products and components thereof by reason of infringement of one or more of claims 13, 14, and 25 of the '044 patent; claims 1-4, 6-12, and 14-18 of the '436 patent; and claims 1, 2, 9-12, 14-18, and 26-28 of the '664 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (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: Neology, Inc., 12760 Danielson Court, Suite A, Poway, CA 92064. (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: Kapsch TrafficCom IVHS, Inc., 8201 Greensboro Drive, Suite 1002, McLean, VA 22102. Kapsch TrafficCom IVHS Holding Corp., 8201 Greensboro Drive, Suite 1002, McLean, VA 22102. Kapsch TrafficCom IVHS Technologies Holding Corp., 8201 Greensboro Drive, Suite 1002, McLean, VA 22102. Kapsch TrafficCom U.S. Corp., 8201 Greensboro Drive, Suite 1002, McLean, VA 22102. [[Page 1206]] Kapsch TrafficCom Holding Corp., 8201 Greensboro Drive, Suite 1002, McLean, VA 22102. Kapsch TrafficCom Canada, Inc., 6020 Ambler Drive, Mississauga, ON L4W 2P1, Canada. Star Systems International, Ltd., Unit A01, 24/F Gold King Industrial Building, 35-41 Tai Lin Pai Road, Kwai Chung, Hong Kong. STAR RFID Co., Ltd., 1 Charoenrat Road, Thung Wat Don, Sathon, Bangkok 10120 Thailand. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; (3) 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); (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: January 6, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-00289 Filed 1-8-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices 1205
Order products. The mandate of the amended, 19 U.S.C. 1337, and in Part need special assistance in gaining access
Court issued on November 17, 2014, 210 of the Commission’s Rules of to the Commission should contact the
with respect to uPI’s appeal (Appeal No. Practice and Procedure, 19 CFR part Office of the Secretary at (202) 205–
13–1157) and on December 8, 2014, 210. 2000. General information concerning
with respect to Richtek’s appeal (Appeal By order of the Commission. the Commission may also be obtained
No. 13–1159). Issued: January 6, 2016.
by accessing its internet server at
In its order of April 8, 2015, the http://www.usitc.gov. The public record
Commission remanded the case to a Lisa R. Barton,
for this investigation may be viewed on
presiding administrative law judge and Secretary to the Commission. the Commission’s electronic docket
ordered the presiding ALJ to: [FR Doc. 2016–00288 Filed 1–8–16; 8:45 am] (EDIS) at http://edis.usitc.gov.
BILLING CODE 7020–02–P
make findings and issue a remand FOR FURTHER INFORMATION CONTACT: The
recommended determination (‘‘RRD’’) Office of Unfair Import Investigations,
concerning the total number of days an U.S. International Trade Commission,
importation or sale in the United States INTERNATIONAL TRADE
telephone (202) 205–2560.
occurred in violation of the Consent Order in COMMISSION
accordance with the Federal Circuit decision Authority: The authority for institution of
in uPI Semiconductor Corp. v. ITC and [Investigation No. 337–TA–979] this investigation is contained in section 337
Richtek Technology Corp. v. ITC, 767 F.3d of the Tariff Act of 1930, as amended, and
1372 (Fed. Cir. 2014), taking into account (1) Certain Radio Frequency Identification in section 210.10 of the Commission’s Rules
any additional violation days with respect to (‘‘RFID’’) Products and Components of Practice and Procedure, 19 CFR 210.10
the post-Consent Order products Richtek Thereof Institution of Investigation (2015).
specifically accused (see EID at 9 n.6); and
(2) the subtraction of eight (8) violation days AGENCY: U.S. International Trade Scope of Investigation: Having
with respect to the formerly accused Commission. considered the complaint, the U.S.
products. The RRD will also recommend a ACTION: Notice. International Trade Commission, on
total civil penalty amount based on the January 5, 2016, ordered that—
previous daily penalty of $10,000 per day of SUMMARY: Notice is hereby given that a (1) Pursuant to subsection (b) of
violation. complaint was filed with the U.S. section 337 of the Tariff Act of 1930, as
Comm’n Order. On April 20, 2015, International Trade Commission on amended, an investigation be instituted
Richtek filed a motion for December 4, 2015, under section 337 of to determine whether there is a
reconsideration of the Commission’s the Tariff Act of 1930, as amended, 19 violation of subsection (a)(1)(B) of
Remand Order with respect to the U.S.C. 1337, on behalf of Neology, Inc. section 337 in the importation into the
amount of the daily penalty and on May of Poway, California. A supplement to United States, the sale for importation,
7, 2015, the motion was denied. See the complaint was filed on December or the sale within the United States after
Comm’n Order Denying Motion. On 22, 2015. The complaint, as importation of certain radio frequency
October 8, 2015, the presiding ALJ supplemented, alleges violations of identification (‘‘RFID’’) products and
issued his RRD finding that after the section 337 based upon the importation components thereof by reason of
eight-day subtraction, eleven (11) days, into the United States, the sale for infringement of one or more of claims
associated with post-Consent Order importation, and the sale within the 13, 14, and 25 of the ’044 patent; claims
products, should be added to the United States after importation of 1–4, 6–12, and 14–18 of the ’436 patent;
number of days (54) uPI violated the certain radio frequency identification and claims 1, 2, 9–12, 14–18, and 26–
Consent Order to make the total sixty- (‘‘RFID’’) products and components 28 of the ’664 patent, and whether an
five (65) days in violation, and thereof by reason of infringement of industry in the United States exists as
accordingly increased the total civil certain claims of U.S. Patent No. required by subsection (a)(2) of section
penalty amount to $650,000 based on 8,325,044 (‘‘the ’044 patent’’); U.S. 337;
the daily penalty of $10,000. On October Patent No. 8,587,436 (‘‘the ’436 patent’’); (2) For the purpose of the
19, 2015, Richtek submitted comments and U.S. Patent No. 7,119,664 (‘‘the ’664 investigation so instituted, the following
regarding the RRD which reiterated the patent’’). The complaint further alleges are hereby named as parties upon which
same arguments made in its denied that an industry in the United States this notice of investigation shall be
motion for reconsideration. Id. On exists as required by subsection (a)(2) of served:
October 26, 2015, uPI and the section 337. (a) The complainant is: Neology, Inc.,
Commission investigative attorney each The complainant requests that the 12760 Danielson Court, Suite A, Poway,
filed a reply to Richtek’s comments. Commission institute an investigation CA 92064.
The Commission has determined to and, after the investigation, issue a (b) The respondents are the following
adopt the RRD as a final determination limited exclusion order and cease and entities alleged to be in violation of
of the Commission and has issued a desist orders. section 337, and are the parties upon
modified civil penalty order in the ADDRESSES: The complaint, except for which the complaint is to be served:
amount of $650,000 directed against any confidential information contained Kapsch TrafficCom IVHS, Inc., 8201
uPI. The Commission has rejected the therein, is available for inspection Greensboro Drive, Suite 1002, McLean,
arguments regarding the amount of the during official business hours (8:45 a.m. VA 22102.
daily penalty made by Richtek in its to 5:15 p.m.) in the Office of the Kapsch TrafficCom IVHS Holding
submitted comments for the same Secretary, U.S. International Trade Corp., 8201 Greensboro Drive, Suite
reasons given in the Commission’s Commission, 500 E Street SW., Room 1002, McLean, VA 22102.
ebenthall on DSK6SPTVN1PROD with NOTICES
Order denying Richtek’s motion for 112, Washington, DC 20436, telephone Kapsch TrafficCom IVHS
reconsideration. The Commission has (202) 205–2000. Hearing impaired Technologies Holding Corp., 8201
terminated the remand enforcement individuals are advised that information Greensboro Drive, Suite 1002, McLean,
proceeding. on this matter can be obtained by VA 22102.
The authority for the Commission’s contacting the Commission’s TDD Kapsch TrafficCom U.S. Corp., 8201
determination is contained in section terminal on (202) 205–1810. Persons Greensboro Drive, Suite 1002, McLean,
337 of the Tariff Act of 1930, as with mobility impairments who will VA 22102.
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![1206 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
Kapsch TrafficCom Holding Corp., Issued: January 6, 2016. written notifications simultaneously
8201 Greensboro Drive, Suite 1002, Lisa R. Barton, with the Attorney General and the
McLean, VA 22102. Secretary to the Commission. Federal Trade Commission disclosing
Kapsch TrafficCom Canada, Inc., 6020 [FR Doc. 2016–00289 Filed 1–8–16; 8:45 am] changes in its membership. The
Ambler Drive, Mississauga, ON L4W BILLING CODE 7020–02–P
notifications were filed for the purpose
2P1, Canada. of extending the Act’s provisions
Star Systems International, Ltd., Unit limiting the recovery of antitrust
A01, 24/F Gold King Industrial plaintiffs to actual damages under
Building, 35–41 Tai Lin Pai Road, Kwai DEPARTMENT OF JUSTICE
specified circumstances.
Chung, Hong Kong. Antitrust Division Specifically, AEGIS.net, Inc.,
STAR RFID Co., Ltd., 1 Charoenrat Rockville, MD; Air Force Research
Road, Thung Wat Don, Sathon, Bangkok Notice Pursuant to the National Laboratory, Kirtland AFB, NM; Aoyama
10120 Thailand. Cooperative Research and Production Gakuin University, Tokyo, JAPAN; Bank
(c) The Office of Unfair Import Act of 1993—R Consortium, Inc. of Zambia, Lusaka, ZAMBIA; Dunstan
Investigations, U.S. International Trade
Thomas Consulting, Ltd., Portsmouth,
Commission, 500 E Street SW., Suite Notice is hereby given that, on
UNITED KINGDOM; Front Metrics
401, Washington, DC 20436; December 3, 2015, pursuant to section
(3) Pursuant to Commission Rule Technologies Pvt. Ltd., Pune, INDIA;
6(a) of the National Cooperative
210.50(b)(1), 19 CFR 210.50(b)(1), the Geco, Inc., Mesa, AZ; Inspur Co., Ltd.,
Research and Production Act of 1993,
presiding administrative law judge shall Beijing, PEOPLE’S REPUBLIC OF
15 U.S.C. 4301 et seq. (‘‘the Act’’), R
take evidence or other information and CHINA; IAB BVBA, Boutersem,
Consortium, Inc. (‘‘R Consortium’’) has
hear arguments from the parties and BELGIUM; Intelligent Training de
filed written notifications
other interested persons with respect to Columbia, Bogota, COLOMBIA; Joint
simultaneously with the Attorney
the public interest in this investigation, Tactical Network Center, San Diego, CA;
General and the Federal Trade
as appropriate, and provide the M J Anniss, Ltd., Nairn, UNITED
Commission disclosing changes in its
Commission with findings of fact and a KINGDOM; PLANAD Consultoria em
membership. The notifications were
recommended determination on this Gestão Empreserial Ltda., São Paulo,
filed for the purpose of extending the
issue, which shall be limited to the BRAZIL; SIGMAXYZ Inc., Tokyo,
Act’s provisions limiting the recovery of
statutory public interest factors set forth JAPAN; S.P. Jain Institute of
antitrust plaintiffs to actual damages
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); Management Research, Mumbai, INDIA;
under specified circumstances.
(4) For the investigation so instituted, Universidad Continental, Huancayo,
Specifically, 0965688 BC LTD., Surrey,
the Chief Administrative Law Judge, PERU; University of Dayton Research
British Columbia, CANADA, has been
U.S. International Trade Commission, Institute, Dayton, OH; Vencore, Inc.,
added as a party to this venture.
shall designate the presiding Lexington Park, MD; Vigillence, Inc.,
No other changes have been made in
Administrative Law Judge. McLean, VA; and White Cloud Software
either the membership or planned
Responses to the complaint and the Ltd., Bowen Island, CANADA, have
activity of the group research project.
notice of investigation must be been added as parties to this venture.
Membership in this group research
submitted by the named respondents in project remains open, and R Consortium Also, Architecture Capability
accordance with section 210.13 of the intends to file additional written Assurance Strategic Group, Palo Alto,
Commission’s Rules of Practice and notifications disclosing all changes in CA; ATSI S.A., Zabierzow, POLAND;
Procedure, 19 CFR 210.13. Pursuant to membership. AXE, Inc., Nakagyo-ku, JAPAN; Bell
19 CFR 201.16(e) and 210.13(a), such On September 15, 2015, R Consortium Helicopter Textron Inc., Fort Worth, TX;
responses will be considered by the filed its original notification pursuant to CS Interactive Training, Pretoria,
Commission if received not later than 20 section 6(a) of the Act. The Department SOUTH AFRICA; EXELIS, Inc., Clifton,
days after the date of service by the of Justice published a notice in the NJ; Fairchild Controls Corporation,
Commission of the complaint and the Federal Register pursuant to section Frederick, MD; Hoople Limited,
notice of investigation. Extensions of 6(b) of the Act on October 2, 2015 (80 Hereford, UNITED KINGDOM; Howell
time for submitting responses to the Instruments, Inc., Fort Worth, TX; Indra
FR 59815).
complaint and the notice of Colombia, Bogota, COLOMBIA;
investigation will not be granted unless Patricia A. Brink, Kamehameha Schools-Trustees of the
good cause therefor is shown. Director of Civil Enforcement, Antitrust Estate of Bernice Pauahi Bishop,
Failure of a respondent to file a timely Division. Honolulu, HI; Korea Software
response to each allegation in the [FR Doc. 2016–00323 Filed 1–8–16; 8:45 am] Technology Association, Gyeonggi-Do,
complaint and in this notice may be BILLING CODE P REPUBLIC OF KOREA; Mobile
deemed to constitute a waiver of the Reasoning, Inc., Lenaxa, KS; Nippon
right to appear and contest the Telegraph & Telephone Corporation,
allegations of the complaint and this DEPARTMENT OF JUSTICE Tokyo, JAPAN; Online Business
notice, and to authorize the Systems, Winnepeg, CANADA;
administrative law judge and the Antitrust Division PreterLex Limited, Cambridge, UNITED
Commission, without further notice to KINGDOM; University of Nordland,
the respondent, to find the facts to be as Notice Pursuant to the National
Oslo, NORWAY; VIP Apps Consulting
alleged in the complaint and this notice Cooperative Research and Production
Limited, Hertfordshire, UNITED
ebenthall on DSK6SPTVN1PROD with NOTICES
and to enter an initial determination Act of 1993—The Open Group, L.L.C.
KINGDOM; and World Vision
and a final determination containing Notice is hereby given that, on International, Monrovia, CA, have
such findings, and may result in the December 8, 2015, pursuant to section withdrawn as parties to this venture.
issuance of an exclusion order or a cease 6(a) of the National Cooperative In addition, Hewlett Packard
and desist order or both directed against Research and Production Act of 1993, Company has changed its name to
the respondent. 15 U.S.C. 4301 et seq. (‘‘the Act’’), The Hewlett Packard Enterprises, Cupertino,
By order of the Commission. Open Group, L.L.C. (‘‘TOG’’) has filed CA.
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Document Created: 2016-01-16 01:05:57
Document Modified: 2016-01-16 01:05:57
| 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 | 81 FR 1205 |
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