81 FR 1441 - Certain Rack Mountable Power Distribution Units; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 7 (January 12, 2016)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 8, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Server Technology, Inc. of Reno, Nevada. 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 rack mountable power distribution units by reason of infringement of certain claims of U.S. Patent No. 7,162,521 (``the `521 patent''), U.S. Patent No. 7,400,493 (``the `493 patent''), U.S. Patent No. 7,414,329 (``the `329 patent''), U.S. Patent No. 7,447,002 (``the `002 patent''), U.S. Patent No. 7,567,430 (``the `430 patent''), U.S. Patent No. 7,706,134 (``the `134 patent''), U.S. Patent No. 8,541,906 (``the `906 patent''), U.S. Patent No. 8,541,907 (``the `907 patent''), U.S. Patent No. 8,601,291 (``the `291 patent''), and U.S. Patent No. 8,694,272 (``the `272 patent''), and 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.

[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1441-1442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00314]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-980]


Certain Rack Mountable Power Distribution Units; 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 8, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Server Technology, Inc. of Reno, Nevada. 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 rack mountable power distribution units by 
reason of infringement of certain claims of U.S. Patent No. 7,162,521 
(``the `521 patent''), U.S. Patent No. 7,400,493 (``the `493 patent''), 
U.S. Patent No. 7,414,329 (``the `329 patent''), U.S. Patent No. 
7,447,002 (``the `002 patent''), U.S. Patent No. 7,567,430 (``the `430 
patent''), U.S. Patent No. 7,706,134 (``the `134 patent''), U.S. Patent 
No. 8,541,906 (``the `906 patent''), U.S. Patent No. 8,541,907 (``the 
`907 patent''), U.S. Patent No. 8,601,291 (``the `291 patent''), and 
U.S. Patent No. 8,694,272 (``the `272 patent''), and 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 Secretary, Docket Services 
Division, U.S. International Trade Commission, telephone (202) 205-
1802.
    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 6, 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 rack 
mountable power distribution units by reason of infringement of one or 
more of claims 1, 2, 5-8, 16, 17, 19-23, 31, and 32-33 of the `521 
patent; claims 1, 2-3, 5-6, 9-11, and 18-21 of the `493 patent; claims 
1, 2-5, 10, 11-14, 19, and 20-21 of the `329 patent; claims 1, 2-4, 7-
10, 12-14, 16, and 17 of the `002 patent; claims 1, 3-4, 6, 7, 10, 11, 
12, 14, 16, 19, 20, 21, 22, 25, 26, 27, 30, and 31 of the `430 patent; 
claims 1, 2-6, 8, 9, 10, 12, 13, 14-16, 19-21, and 22 of the `134 
patent; claims 1, 2-4, and 6-9 of the `906 patent; claims 1, 2, 4-8, 9, 
10, 12-16, 17, 18-22, 23, and 24-27 of the `907 patent; claims 1, 2-6, 
7, 8-9, 13, and 18 of the `291 patent; claims 1, 2-6, 10-11, and 19 of 
the `272 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

[[Page 1442]]

this notice of investigation shall be served:
    (a) The complainants are:

Server Technology, Inc., 1040 Sandhill Road, Reno, NV 89521.

    (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:

Raritan Americas, Inc., 400 Cottontail Lane, Somerset, NJ 08873.
Legrand North America, 60 Woodlawn Street, West Hartford, CT 06110.
Legrand SA, 128 Avenue du Mar[eacute]chal de Lattre, de Tassigny, 87045 
Limoges cedex, France.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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. 2016-00314 Filed 1-11-16; 8:45 am]
BILLING CODE 7020-02-P