81_FR_15799 81 FR 15742 - Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Commission's Final Determination Finding No Violation of Section 337 by Solofill LLC or DongGuan Hai Rui Precision Mould Co., Ltd.; Issuance of a Limited Exclusion Order and Cease and Desist Orders to Defaulted Respondents; Termination of the Investigation

81 FR 15742 - Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Commission's Final Determination Finding No Violation of Section 337 by Solofill LLC or DongGuan Hai Rui Precision Mould Co., Ltd.; Issuance of a Limited Exclusion Order and Cease and Desist Orders to Defaulted Respondents; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 57 (March 24, 2016)

Page Range15742-15743
FR Document2016-06654

Notice is hereby given that the U.S. International Trade Commission has found no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337 (``section 337'') by Solofill LLC and DongGuan Hai Rui Precision Mould Co., Ltd., and has issued a limited exclusion order and cease desist orders to the defaulted respondents Eko Brands, LLC, Evermuch Technology Co., Ltd., and Ever Much Company, Ltd. The investigation is terminated.

Federal Register, Volume 81 Issue 57 (Thursday, March 24, 2016)
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15742-15743]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06654]


=======================================================================
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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-929]


Certain Beverage Brewing Capsules, Components Thereof, and 
Products Containing the Same; Commission's Final Determination Finding 
No Violation of Section 337 by Solofill LLC or DongGuan Hai Rui 
Precision Mould Co., Ltd.; Issuance of a Limited Exclusion Order and 
Cease and Desist Orders to Defaulted Respondents; Termination of the 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found no violation of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. Sec.  1337 (``section 337'') by Solofill 
LLC and DongGuan Hai Rui Precision Mould Co., Ltd., and has issued a 
limited exclusion order and cease desist orders to the defaulted 
respondents Eko Brands, LLC, Evermuch Technology Co., Ltd., and Ever 
Much Company, Ltd. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on September 9, 2014, based on a complaint filed by Adrian Rivera of 
Whittier, California, and Adrian Rivera Maynez Enterprises, Inc., of 
Santa Fe Springs, California (together, ``ARM''). 79 FR 53445-46. The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. Sec.  1337, in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain beverage brewing capsules, components 
thereof, and products containing the same that infringe claims 5-8 and 
18-20 of U.S. Patent No. 8,720,320 (``the '320 patent''). Id. at 53445. 
The Commission's notice of investigation named as respondents Solofill 
LLC of Houston, Texas (``Solofill''); DongGuan Hai Rui Precision Mould 
Co., Ltd. of Dong Guan City, China (``DongGuan''); Eko Brands, LLC 
(``Eko Brands''), of Woodinville, Washington; Evermuch Technology Co., 
Ltd. (``Evermuch Technology''), of Hong Kong, China; Ever Much Company 
Ltd. (``Evermuch Company'') of Shenzhen, China; Melitta USA, Inc. 
(``Melitta''), of North Clearwater, Florida; LBP Mfg., Inc. of Cicero, 
Illinois and LBP Packaging (Shenzhen) Co. Ltd. of Shenzhen, China 
(together, ``LBP''); Spark Innovators Corp. (``Spark''), of Fairfield, 
New Jersey; B. Marlboros International Ltd. (HK) (``B. Marlboros'') of 
Hong Kong, China; and Amazon.com, Inc. (``Amazon'') of Seattle, 
Washington. The Office of Unfair Import Investigations was also named 
as a party to the investigation. Id.
    The Commission terminated the investigation with respect to 
Melitta, Spark, LBP, and B. Marlboros based on the entry of consent 
orders and terminated the investigation with respect to Amazon based on 
a settlement agreement. Notice (Dec. 18, 2014); Notice (Jan. 13, 2015); 
Notice (Mar. 27, 2015); Notice (Apr. 10, 2015). The Commission also 
found Eko Brands, Evermuch Technology, and Evermuch Company in default 
for failing to respond to the complaint and notice of investigation. 
Notice (May 18, 2015). Accordingly, Solofill and DongGuan (together, 
``Respondents'') are the only respondents actively participating in the 
investigation.
    On September 4, 2015, the ALJ issued his final initial 
determination (``ID'') finding no violation of section 337. The ID 
found that ARM had established every element for finding a violation of 
section 337 except for infringement. The ID found that Respondents were 
not liable for direct infringement because direct infringement required 
the combination of Respondents' products with a third-party single 
serve beverage brewer, and that Respondents were not liable for induced 
or contributory infringement because they did not have pre-suit 
knowledge of the '320 patent. The ID did find that Respondents' 
products directly infringed claims 5-7, 18, and 20 of the '320 patent 
(``the asserted claims'') when combined with a third-party single serve 
coffee brewer, that the asserted claims were not shown invalid by clear 
and convincing evidence, and that ARM satisfied both the technical and 
economic prongs of the domestic industry requirement. The ALJ also 
issued his recommendation on remedy and bonding along with his ID.
    On September 21, 2015, ARM petitioned for review of the ID's 
findings that Respondents were not liable for induced and contributory 
infringement because of a lack of pre-suit knowledge, and Respondents 
petitioned for review of several of the ID's findings. On September 29, 
2015, the parties opposed each other's petitions, and the Commission 
Investigative Attorney (``IA'') opposed both petitions.
    On November 9, 2015, the Commission determined to review the final 
ID in part. Specifically the Commission determined to review the 
following: (1) The ID's findings on the construction, infringement, and 
technical prong of the domestic industry requirement for the limitation 
``a needle-like structure, disposed below the base''; (2) the ID's 
findings on induced and contributory infringement; (3) the ID's 
findings that the asserted claims are not invalid for a lack of written 
description, as anticipated by Beaulieu and the APA, or as obvious; and 
(4) the ID's findings on the economic prong of the domestic industry 
requirement. The Commission determined not to review the remaining 
findings in the ID. The Commission also requested briefing from the 
parties on the issue of pre-suit knowledge, and briefing from the 
parties and the public on the issues of remedy, the public interest, 
and bonding. The Commission

[[Page 15743]]

received initial written submissions from ARM, Respondents, and the IA 
on November 20, 2015, and responsive written submissions from ARM, 
Respondents, and the IA on December 1, 2015. No submissions were 
received from the public.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions, responses, and other submissions from 
the parties, the Commission has determined that ARM has not proven a 
violation of section 337 by Solofill and DongGuan. Specifically, the 
Commission has determined to modify the ID's construction of ``a 
needle-like structure, disposed below the base,'' and, under the 
modified construction, affirms under modified reasoning the ID's 
findings on infringement and the technical prong of the domestic 
industry requirement. The Commission has also determined to reverse the 
ID's finding that Respondents are not liable for contributory and 
induced infringement. The Commission has further determined that that 
claims 5 and 6 of the '320 patent are invalid as anticipated by 
Beaulieu and that claims 5-7, 18, and 20 of the '320 patent are invalid 
for a lack of written description (Commissioner Kieff dissenting on 
written description). Additionally, the Commission has determined that 
Respondents have not shown that claims 7, 18, and 20 are invalid as 
anticipated or that claims 5-7, 18, and 20 are invalid as obvious. 
Finally, the Commission has determined to affirm the ID's findings on 
the economic prong. All other findings in the ID that are consistent 
with the Commission's determinations are affirmed.
    The Commission also previously found the statutory requirements of 
section 337(g)(1) (19 U.S.C. Sec.  1337(g)(1)) and Commission Rule 
210.16(a)(1) (19 CFR 210.16(a)(1)) met with respect to Eko Brands, 
Evermuch Technology, and Evermuch Company, and found these respondents 
in default. See ALJ Order No. 19, unreviewed Notice (May 18, 2015).
    The Commission has determined that the appropriate form of relief 
in this investigation is: (1) A limited exclusion order prohibiting the 
unlicensed entry of beverage brewing capsules, components thereof, and 
products containing same that are manufactured abroad by or on behalf 
of, or imported by or on behalf of, Eko Brands, Evermuch Technology, or 
Evermuch Company, that infringe one or more of claims 8 and 19 of the 
'320 patent; (2) cease and desist orders prohibiting Eko Brands, 
Evermuch Technology, and Evermuch Company from importing, selling, 
marketing, advertising, distributing, transferring (except for 
exportation), soliciting United States agents or distributors, and 
aiding or abetting other entities in the importation, sale for 
importation, sale after importation, transfer (except for exportation), 
or distribution of beverage brewing capsules, components thereof, and 
products containing same that infringe one or more of claims 8 and 19 
of the '320 patent. The Commission has further determined that the 
public interest factors enumerated in section 337(g)(1) (19 U.S.C. 
Sec.  1337(g)(1)) do not preclude the issuance of the remedial orders. 
Finally, the Commission has determined that the bond during the period 
of Presidential review shall be in the amount of 100 percent of the 
entered value of the imported subject articles of Eko Brands, Evermuch 
Technology, and Evermuch Company. The Commission's orders were 
delivered to the President and the United States Trade Representative 
on the day of their issuance. A Commission Opinion concerning the 
Commission's finding of no violation by Solofill or DongGuan will issue 
shortly.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. Sec.  
1337), and in Part 210 of the Commission's Rules of Practice and 
Procedure (19 CFR part 210).

    By order of the Commission.

    Issued: March 17, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-06654 Filed 3-23-16; 8:45 am]
 BILLING CODE 7020-02-P



                                                    15742                        Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices

                                                    River basin. Improvements in the                        International Trade Commission, 500 E                 respond to the complaint and notice of
                                                    efficiency of water delivery and use will               Street SW., Washington, DC 20436,                     investigation. Notice (May 18, 2015).
                                                    result in improved streamflows for fish                 telephone (202) 205–2000. General                     Accordingly, Solofill and DongGuan
                                                    and wildlife and improve the reliability                information concerning the Commission                 (together, ‘‘Respondents’’) are the only
                                                    of water supplies for irrigation.                       may also be obtained by accessing its                 respondents actively participating in the
                                                       This notice is published in                          Internet server (http://www.usitc.gov).               investigation.
                                                    accordance with Section 9(a)(2) of the                  The public record for this investigation                 On September 4, 2015, the ALJ issued
                                                    Federal Advisory Committee Act of                       may be viewed on the Commission’s                     his final initial determination (‘‘ID’’)
                                                    1972 (Pub. L. 92–463, as amended). The                  electronic docket (EDIS) at http://                   finding no violation of section 337. The
                                                    certification of renewal is published                   edis.usitc.gov. Hearing-impaired                      ID found that ARM had established
                                                    below.                                                  persons are advised that information on               every element for finding a violation of
                                                                                                            this matter can be obtained by                        section 337 except for infringement. The
                                                    Certification                                                                                                 ID found that Respondents were not
                                                                                                            contacting the Commission’s TDD
                                                      I hereby certify that Charter renewal                 terminal on (202) 205–1810.                           liable for direct infringement because
                                                    of the Yakima River Basin Conservation                                                                        direct infringement required the
                                                                                                            SUPPLEMENTARY INFORMATION: The
                                                    Advisory Group is in the public interest                                                                      combination of Respondents’ products
                                                                                                            Commission instituted this investigation
                                                    in connection with the performance of                                                                         with a third-party single serve beverage
                                                                                                            on September 9, 2014, based on a
                                                    duties imposed on the Department of                                                                           brewer, and that Respondents were not
                                                                                                            complaint filed by Adrian Rivera of
                                                    the Interior.                                                                                                 liable for induced or contributory
                                                                                                            Whittier, California, and Adrian Rivera
                                                                                                                                                                  infringement because they did not have
                                                    Sally Jewell,                                           Maynez Enterprises, Inc., of Santa Fe
                                                                                                                                                                  pre-suit knowledge of the ’320 patent.
                                                    Secretary of the Interior.                              Springs, California (together, ‘‘ARM’’).
                                                                                                                                                                  The ID did find that Respondents’
                                                    [FR Doc. 2016–06646 Filed 3–23–16; 8:45 am]             79 FR 53445–46. The complaint alleges
                                                                                                                                                                  products directly infringed claims 5–7,
                                                                                                            violations of section 337 of the Tariff
                                                    BILLING CODE 4330–90–P                                                                                        18, and 20 of the ’320 patent (‘‘the
                                                                                                            Act of 1930, as amended, 19 U.S.C.
                                                                                                                                                                  asserted claims’’) when combined with
                                                                                                            § 1337, in the importation into the
                                                                                                                                                                  a third-party single serve coffee brewer,
                                                    INTERNATIONAL TRADE                                     United States, the sale for importation,
                                                                                                                                                                  that the asserted claims were not shown
                                                    COMMISSION                                              and the sale within the United States
                                                                                                                                                                  invalid by clear and convincing
                                                                                                            after importation of certain beverage                 evidence, and that ARM satisfied both
                                                    [Investigation No. 337–TA–929]                          brewing capsules, components thereof,                 the technical and economic prongs of
                                                                                                            and products containing the same that                 the domestic industry requirement. The
                                                    Certain Beverage Brewing Capsules,                      infringe claims 5–8 and 18–20 of U.S.
                                                    Components Thereof, and Products                                                                              ALJ also issued his recommendation on
                                                                                                            Patent No. 8,720,320 (‘‘the ’320 patent’’).           remedy and bonding along with his ID.
                                                    Containing the Same; Commission’s                       Id. at 53445. The Commission’s notice
                                                    Final Determination Finding No                                                                                   On September 21, 2015, ARM
                                                                                                            of investigation named as respondents                 petitioned for review of the ID’s findings
                                                    Violation of Section 337 by Solofill LLC                Solofill LLC of Houston, Texas
                                                    or DongGuan Hai Rui Precision Mould                                                                           that Respondents were not liable for
                                                                                                            (‘‘Solofill’’); DongGuan Hai Rui                      induced and contributory infringement
                                                    Co., Ltd.; Issuance of a Limited                        Precision Mould Co., Ltd. of Dong Guan
                                                    Exclusion Order and Cease and Desist                                                                          because of a lack of pre-suit knowledge,
                                                                                                            City, China (‘‘DongGuan’’); Eko Brands,               and Respondents petitioned for review
                                                    Orders to Defaulted Respondents;                        LLC (‘‘Eko Brands’’), of Woodinville,
                                                    Termination of the Investigation                                                                              of several of the ID’s findings. On
                                                                                                            Washington; Evermuch Technology Co.,                  September 29, 2015, the parties opposed
                                                    AGENCY: U.S. International Trade                        Ltd. (‘‘Evermuch Technology’’), of Hong               each other’s petitions, and the
                                                    Commission.                                             Kong, China; Ever Much Company Ltd.                   Commission Investigative Attorney
                                                    ACTION: Notice.                                         (‘‘Evermuch Company’’) of Shenzhen,                   (‘‘IA’’) opposed both petitions.
                                                                                                            China; Melitta USA, Inc. (‘‘Melitta’’), of               On November 9, 2015, the
                                                    SUMMARY:   Notice is hereby given that                  North Clearwater, Florida; LBP Mfg.,                  Commission determined to review the
                                                    the U.S. International Trade                            Inc. of Cicero, Illinois and LBP                      final ID in part. Specifically the
                                                    Commission has found no violation of                    Packaging (Shenzhen) Co. Ltd. of                      Commission determined to review the
                                                    section 337 of the Tariff Act of 1930, as               Shenzhen, China (together, ‘‘LBP’’);                  following: (1) The ID’s findings on the
                                                    amended, 19 U.S.C. § 1337 (‘‘section                    Spark Innovators Corp. (‘‘Spark’’), of                construction, infringement, and
                                                    337’’) by Solofill LLC and DongGuan                     Fairfield, New Jersey; B. Marlboros                   technical prong of the domestic industry
                                                    Hai Rui Precision Mould Co., Ltd., and                  International Ltd. (HK) (‘‘B. Marlboros’’)            requirement for the limitation ‘‘a
                                                    has issued a limited exclusion order and                of Hong Kong, China; and Amazon.com,                  needle-like structure, disposed below
                                                    cease desist orders to the defaulted                    Inc. (‘‘Amazon’’) of Seattle, Washington.             the base’’; (2) the ID’s findings on
                                                    respondents Eko Brands, LLC,                            The Office of Unfair Import                           induced and contributory infringement;
                                                    Evermuch Technology Co., Ltd., and                      Investigations was also named as a party              (3) the ID’s findings that the asserted
                                                    Ever Much Company, Ltd. The                             to the investigation. Id.                             claims are not invalid for a lack of
                                                    investigation is terminated.                               The Commission terminated the                      written description, as anticipated by
                                                    FOR FURTHER INFORMATION CONTACT:                        investigation with respect to Melitta,                Beaulieu and the APA, or as obvious;
                                                    Robert Needham, Office of the General                   Spark, LBP, and B. Marlboros based on                 and (4) the ID’s findings on the
                                                    Counsel, U.S. International Trade                       the entry of consent orders and                       economic prong of the domestic
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Commission, 500 E Street SW.,                           terminated the investigation with                     industry requirement. The Commission
                                                    Washington, DC 20436, telephone (202)                   respect to Amazon based on a                          determined not to review the remaining
                                                    708–5468. Copies of non-confidential                    settlement agreement. Notice (Dec. 18,                findings in the ID. The Commission also
                                                    documents filed in connection with this                 2014); Notice (Jan. 13, 2015); Notice                 requested briefing from the parties on
                                                    investigation are or will be available for              (Mar. 27, 2015); Notice (Apr. 10, 2015).              the issue of pre-suit knowledge, and
                                                    inspection during official business                     The Commission also found Eko Brands,                 briefing from the parties and the public
                                                    hours (8:45 a.m. to 5:15 p.m.) in the                   Evermuch Technology, and Evermuch                     on the issues of remedy, the public
                                                    Office of the Secretary, U.S.                           Company in default for failing to                     interest, and bonding. The Commission


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                                                                                 Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices                                                   15743

                                                    received initial written submissions                    selling, marketing, advertising,                      FOR FURTHER INFORMATION CONTACT:      Lisa
                                                    from ARM, Respondents, and the IA on                    distributing, transferring (except for                R. Barton, Secretary to the Commission,
                                                    November 20, 2015, and responsive                       exportation), soliciting United States                U.S. International Trade Commission,
                                                    written submissions from ARM,                           agents or distributors, and aiding or                 500 E Street SW., Washington, DC
                                                    Respondents, and the IA on December 1,                  abetting other entities in the                        20436, telephone (202) 205–2000. The
                                                    2015. No submissions were received                      importation, sale for importation, sale               public version of the complaint can be
                                                    from the public.                                        after importation, transfer (except for               accessed on the Commission’s
                                                       Having examined the record of this                   exportation), or distribution of beverage             Electronic Document Information
                                                    investigation, including the ALJ’s final                brewing capsules, components thereof,                 System (EDIS) at EDIS,1 and will be
                                                    ID, the petitions, responses, and other                 and products containing same that                     available for inspection during official
                                                    submissions from the parties, the                       infringe one or more of claims 8 and 19               business hours (8:45 a.m. to 5:15 p.m.)
                                                    Commission has determined that ARM                      of the ’320 patent. The Commission has                in the Office of the Secretary, U.S.
                                                    has not proven a violation of section 337               further determined that the public                    International Trade Commission, 500 E
                                                    by Solofill and DongGuan. Specifically,                 interest factors enumerated in section                Street SW., Washington, DC 20436,
                                                    the Commission has determined to                        337(g)(1) (19 U.S.C. § 1337(g)(1)) do not             telephone (202) 205–2000.
                                                    modify the ID’s construction of ‘‘a                     preclude the issuance of the remedial                    General information concerning the
                                                    needle-like structure, disposed below                   orders. Finally, the Commission has                   Commission may also be obtained by
                                                    the base,’’ and, under the modified                     determined that the bond during the                   accessing its Internet server at United
                                                    construction, affirms under modified                    period of Presidential review shall be in             States International Trade Commission
                                                    reasoning the ID’s findings on                          the amount of 100 percent of the entered              (USITC) at USITC.2 The public record
                                                    infringement and the technical prong of                 value of the imported subject articles of             for this investigation may be viewed on
                                                    the domestic industry requirement. The                  Eko Brands, Evermuch Technology, and                  the Commission’s Electronic Document
                                                    Commission has also determined to                       Evermuch Company. The Commission’s                    Information System (EDIS) at EDIS.3
                                                    reverse the ID’s finding that                           orders were delivered to the President                Hearing-impaired persons are advised
                                                    Respondents are not liable for                          and the United States Trade                           that information on this matter can be
                                                    contributory and induced infringement.                  Representative on the day of their                    obtained by contacting the
                                                    The Commission has further determined                   issuance. A Commission Opinion                        Commission’s TDD terminal on (202)
                                                    that that claims 5 and 6 of the ’320                    concerning the Commission’s finding of                205–1810.
                                                    patent are invalid as anticipated by                    no violation by Solofill or DongGuan                  SUPPLEMENTARY INFORMATION: The
                                                    Beaulieu and that claims 5–7, 18, and 20                will issue shortly.                                   Commission has received a complaint
                                                    of the ’320 patent are invalid for a lack                  The authority for the Commission’s                 and a submission pursuant to section
                                                    of written description (Commissioner                    determination is contained in section                 210.8(b) of the Commission’s Rules of
                                                    Kieff dissenting on written description).               337 of the Tariff Act of 1930, as                     Practice and Procedure filed on behalf
                                                    Additionally, the Commission has
                                                                                                            amended (19 U.S.C. § 1337), and in Part               of Varidesk LLC on March 18, 2016. The
                                                    determined that Respondents have not
                                                                                                            210 of the Commission’s Rules of                      complaint alleges violations of section
                                                    shown that claims 7, 18, and 20 are
                                                                                                            Practice and Procedure (19 CFR part                   337 of the Tariff Act of 1930 (19 U.S.C.
                                                    invalid as anticipated or that claims 5–
                                                                                                            210).                                                 1337) in the importation into the United
                                                    7, 18, and 20 are invalid as obvious.
                                                                                                              By order of the Commission.                         States, the sale for importation, and the
                                                    Finally, the Commission has determined
                                                    to affirm the ID’s findings on the                        Issued: March 17, 2016.                             sale within the United States after
                                                    economic prong. All other findings in                                                                         importation of certain height-adjustable
                                                                                                            Lisa R. Barton,
                                                    the ID that are consistent with the                                                                           desk platforms and components thereof.
                                                                                                            Secretary to the Commission.
                                                    Commission’s determinations are                                                                               The complaint names as respondents
                                                                                                            [FR Doc. 2016–06654 Filed 3–23–16; 8:45 am]           Nortek, Inc. of Providence, RI; and
                                                    affirmed.
                                                       The Commission also previously
                                                                                                            BILLING CODE 7020–02–P                                Ergotron, Inc. of St. Paul, MN. The
                                                    found the statutory requirements of                                                                           complainant requests that the
                                                    section 337(g)(1) (19 U.S.C. § 1337(g)(1))                                                                    Commission issue a limited exclusion
                                                                                                            INTERNATIONAL TRADE                                   order and cease and desist orders.
                                                    and Commission Rule 210.16(a)(1) (19                    COMMISSION
                                                    CFR 210.16(a)(1)) met with respect to                                                                            Proposed respondents, other
                                                    Eko Brands, Evermuch Technology, and                    Notice of Receipt of Complaint;                       interested parties, and members of the
                                                    Evermuch Company, and found these                       Solicitation of Comments Relating to                  public are invited to file comments, not
                                                    respondents in default. See ALJ Order                   the Public Interest                                   to exceed five (5) pages in length,
                                                    No. 19, unreviewed Notice (May 18,                                                                            inclusive of attachments, on any public
                                                    2015).                                                  AGENCY: U.S. International Trade                      interest issues raised by the complaint
                                                       The Commission has determined that                   Commission.                                           or section 210.8(b) filing. Comments
                                                    the appropriate form of relief in this                  ACTION: Notice.                                       should address whether issuance of the
                                                    investigation is: (1) A limited exclusion                                                                     relief specifically requested by the
                                                    order prohibiting the unlicensed entry                  SUMMARY:   Notice is hereby given that                complainant in this investigation would
                                                    of beverage brewing capsules,                           the U.S. International Trade                          affect the public health and welfare in
                                                    components thereof, and products                        Commission has received a complaint                   the United States, competitive
                                                    containing same that are manufactured                   entitled Certain Height-Adjustable Desk               conditions in the United States
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    abroad by or on behalf of, or imported                  Platforms and Components Thereof DN                   economy, the production of like or
                                                    by or on behalf of, Eko Brands,                         3127; the Commission is soliciting                    directly competitive articles in the
                                                    Evermuch Technology, or Evermuch                        comments on any public interest issues
                                                                                                                                                                    1 Electronic Document Information System
                                                    Company, that infringe one or more of                   raised by the complaint or
                                                                                                                                                                  (EDIS): http://edis.usitc.gov.
                                                    claims 8 and 19 of the ’320 patent; (2)                 complainant’s filing under section                      2 United States International Trade Commission
                                                    cease and desist orders prohibiting Eko                 210.8(b) of the Commission’s Rules of                 (USITC): http://edis.usitc.gov.
                                                    Brands, Evermuch Technology, and                        Practice and Procedure (19 CFR                          3 Electronic Document Information System

                                                    Evermuch Company from importing,                        210.8(b)).                                            (EDIS): http://edis.usitc.gov.



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Document Created: 2016-03-24 00:57:59
Document Modified: 2016-03-24 00:57:59
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.
ContactRobert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation81 FR 15742 

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