81 FR 18648 - Certain Nanopores and Products Containing the Same: Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 62 (March 31, 2016)
Federal Register Volume 81, Issue 62 (March 31, 2016)
| Page Range | 18648-18649 | |
| FR Document | 2016-07176 |
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)] [Notices] [Pages 18648-18649] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07176] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-991] Certain Nanopores and Products Containing 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 February 23, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Illumina, Inc. of San Diego, California; University of Washington, of Seattle, Washington; and UAB Research Foundation of Birmingham, Alabama. A supplement to the complaint was filed on March 2, 2016. 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 nanopores and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,673,550 (``the '550 patent'') and U.S. Patent No. 9,170,230 (``the '230 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, as supplemented, 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 March 24, 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 nanopores and products containing same by reason of infringement of one or more of claims 2-4, 7-9, 13-15, 17, 18, 20-22, 24, 26-28, 31-33, 35, 36, and 38-40 of the '550 patent and claims 1-31 of the '230 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 or 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: Illumina, Inc., 5200 Illumina Way, San Diego, CA 92122. University of Washington, UW CoMotion, 4311 11th Avenue NE., Suite 500, Seattle, WA 98105. UAB Research Foundation, 701 20th Street South, Administration Building 770, Birmingham, AL 35233. (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: Oxford Nanopore Technologies Ltd., Edmund Cartwright House, 4 Robert Robinson Avenue, Oxford Science Park, Oxford, OX4 4GA, United Kingdom. Oxford Nanopore Technologies, Inc. 1 Kendall Square, Bldg 200, Cambridge, MA 02139. (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 [[Page 18649]] 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: March 25, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-07176 Filed 3-30-16; 8:45 am] BILLING CODE 7020-02-P
![18648 Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices
PLACE: Room 101, 500 E Street SW., exists as required by subsection (a)(2) of interested persons with respect to the
Washington, DC 20436, Telephone: section 337. public interest in this investigation, as
(202) 205–2000. The complainants request that the appropriate, and provide the
STATUS: Open to the public. Commission institute an investigation Commission with findings of fact and a
MATTERS TO BE CONSIDERED:
and, after the investigation, issue a recommended determination on this
1. Agendas for future meetings: None. limited exclusion order and cease and issue, which shall be limited to the
2. Minutes. desist orders. statutory public interest factors set forth
3. Ratification List. ADDRESSES: The complaint, as in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
4. Vote in Inv. Nos. 701–TA–462 and supplemented, except for any (3) For the purpose of the
731–TA–1156–1158 (Review) and 731– confidential information contained investigation so instituted, the following
TA–1043–1045 (Second Review) therein, is available for inspection are hereby named as parties upon which
(Polyethylene Retail Carrier Bags from during official business hours (8:45 a.m. this notice of investigation shall be
China, Indonesia, Malaysia, Taiwan, to 5:15 p.m.) in the Office of the served:
Thailand, and Vietnam). The Secretary, U.S. International Trade (a) The complainants are:
Commission is currently scheduled to Commission, 500 E Street SW., Room Illumina, Inc., 5200 Illumina Way, San
complete and file its determinations and 112, Washington, DC 20436, telephone Diego, CA 92122.
views of the Commission on April 18, (202) 205–2000. Hearing impaired University of Washington, UW
2016. individuals are advised that information CoMotion, 4311 11th Avenue NE.,
5. Outstanding action jackets: None. on this matter can be obtained by Suite 500, Seattle, WA 98105.
In accordance with Commission contacting the Commission’s TDD UAB Research Foundation, 701 20th
policy, subject matter listed above, not terminal on (202) 205–1810. Persons Street South, Administration Building
disposed of at the scheduled meeting, with mobility impairments who will 770, Birmingham, AL 35233.
may be carried over to the agenda of the need special assistance in gaining access (b) The respondents are the following
following meeting. to the Commission should contact the entities alleged to be in violation of
Office of the Secretary at (202) 205– section 337, and are the parties upon
By order of the Commission.
2000. General information concerning which the complaint is to be served:
Issued: March 28, 2016.
the Commission may also be obtained Oxford Nanopore Technologies Ltd.,
William R. Bishop, by accessing its internet server at Edmund Cartwright House, 4 Robert
Supervisory Hearings and Information http://www.usitc.gov. The public record
Officer. Robinson Avenue, Oxford Science
for this investigation may be viewed on Park, Oxford, OX4 4GA, United
[FR Doc. 2016–07358 Filed 3–29–16; 11:15 am] the Commission’s electronic docket Kingdom.
BILLING CODE 7020–02–P (EDIS) at http://edis.usitc.gov. Oxford Nanopore Technologies, Inc. 1
FOR FURTHER INFORMATION CONTACT: The Kendall Square, Bldg 200, Cambridge,
Office of Unfair Import Investigations, MA 02139.
INTERNATIONAL TRADE U.S. International Trade Commission,
COMMISSION (c) The Office of Unfair Import
telephone (202) 205–2560. Investigations, U.S. International Trade
[Investigation No. 337–TA–991] Authority: The authority for institution of Commission, 500 E Street SW., Suite
this investigation is contained in section 337 401, Washington, DC 20436; and
Certain Nanopores and Products of the Tariff Act of 1930, as amended, and (4) For the investigation so instituted,
Containing the Same: Institution of in section 210.10 of the Commission’s Rules the Chief Administrative Law Judge,
Investigation of Practice and Procedure, 19 CFR 210.10
(2015). U.S. International Trade Commission,
AGENCY: U.S. International Trade shall designate the presiding
Commission. Scope of Investigation: Having Administrative Law Judge.
ACTION: Notice. considered the complaint, the U.S. Responses to the complaint and the
International Trade Commission, on notice of investigation must be
SUMMARY: Notice is hereby given that a March 24, 2016, Ordered That— submitted by the named respondents in
complaint was filed with the U.S. (1) Pursuant to subsection (b) of accordance with section 210.13 of the
International Trade Commission on section 337 of the Tariff Act of 1930, as Commission’s Rules of Practice and
February 23, 2016, under section 337 of amended, an investigation be instituted Procedure, 19 CFR 210.13. Pursuant to
the Tariff Act of 1930, as amended, 19 to determine whether there is a 19 CFR 201.16(e) and 210.13(a), such
U.S.C. 1337, on behalf of Illumina, Inc. violation of subsection (a)(1)(B) of responses will be considered by the
of San Diego, California; University of section 337 in the importation into the Commission if received not later than 20
Washington, of Seattle, Washington; and United States, the sale for importation, days after the date of service by the
UAB Research Foundation of or the sale within the United States after Commission of the complaint and the
Birmingham, Alabama. A supplement to importation of certain nanopores and notice of investigation. Extensions of
the complaint was filed on March 2, products containing same by reason of time for submitting responses to the
2016. The complaint, as supplemented, infringement of one or more of claims complaint and the notice of
alleges violations of section 337 based 2–4, 7–9, 13–15, 17, 18, 20–22, 24, 26– investigation will not be granted unless
upon the importation into the United 28, 31–33, 35, 36, and 38–40 of the ’550 good cause therefor is shown.
States, the sale for importation, and the patent and claims 1–31 of the ’230 Failure of a respondent to file a timely
mstockstill on DSK4VPTVN1PROD with NOTICES
sale within the United States after patent, and whether an industry in the response to each allegation in the
importation of certain nanopores and United States exists as required by complaint and in this notice may be
products containing same by reason of subsection (a)(2) of section 337; deemed to constitute a waiver of the
infringement of certain claims of U.S. (2) Pursuant to Commission Rule right to appear and contest the
Patent No. 8,673,550 (‘‘the ’550 patent’’) 210.50(b)(1), 19 CFR 210.50(b)(1), the allegations of the complaint and this
and U.S. Patent No. 9,170,230 (‘‘the ’230 presiding administrative law judge shall notice, and to authorize the
patent’’). The complaint further alleges take evidence or other information and administrative law judge and the
that an industry in the United States hear arguments from the parties or other Commission, without further notice to
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![Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices 18649
the respondent, to find the facts to be as for Docket ID NRC–2016–0061. Address compliance with the regulatory
alleged in the complaint and this notice questions about NRC dockets to Carol requirements of General Design Criteria
and to enter an initial determination Gallagher; telephone: 301–415–3463; (GDC) 17, ‘‘Electric Power System,’’ in
and a final determination containing email: Carol.Gallagher@nrc.gov. Appendix A, ‘‘General Design Criteria
such findings, and may result in the • NRC’s Agencywide Documents for Nuclear Power Plants,’’ to 10 CFR
issuance of an exclusion order or a cease Access and Management System part 50 or the applicable principal
and desist order or both directed against (ADAMS): You may obtain publicly- design criteria in the updated final
the respondent. available documents online in the safety analysis report; and the design
By order of the Commission. ADAMS Public Documents collection at criteria for protection systems under 10
Issued: March 25, 2016.
http://www.nrc.gov/reading-rm/ CFR 50.55a(h)(2) and 10 CFR
adams.html. To begin the search, select 50.55a(h)(3). All licensees provided a
Lisa R. Barton,
‘‘ADAMS Public Documents’’ and then response to Bulletin 2012–01. The NRC
Secretary to the Commission. select ‘‘Begin Web-based ADAMS staff conducted an analysis of these
[FR Doc. 2016–07176 Filed 3–30–16; 8:45 am] Search.’’ For problems with ADAMS, responses, and documented the details
BILLING CODE 7020–02–P please contact the NRC’s Public of its review in a summary report dated
Document Room (PDR) reference staff at February 26, 2013 (ADAMS Accession
1–800–397–4209, 301–415–4737, or by No. ML13052A711). Based on the
DEPARTMENT OF JUSTICE email to pdr.resource@nrc.gov. The analysis, the NRC staff determined that
ADAMS accession number for each some licensees may not fully comply
Drug Enforcement Administration document referenced in this document with their site-specific license. The
[Docket No. DEA–392] (if that document is available in licensees began implementing
ADAMS) is provided the first time that compensatory measures and corrective
Manufacturer of Controlled a document is referenced. actions that the NRC staff has been
Substances Registration: Halo • NRC’s PDR: You may examine and monitoring.
Pharmaceutical, Inc. purchase copies of public documents at The request is being treated pursuant
the NRC’s PDR, Room O1–F21, One to § 2.206 of title 10 of the Code of
Correction Federal Regulations (10 CFR) of the
White Flint North, 11555 Rockville
Notice document 2016–06532, Pike, Rockville, Maryland 20852. Commission’s regulations. The request
beginning on page 15567 in the issue of SUPPLEMENTARY INFORMATION: On has been referred to the Director of the
Wednesday, March 23, 2016, was February 19, 2016, the petitioners Office of Nuclear Reactor Regulation. As
inadvertently published and is requested that the NRC take action with provided by 10 CFR 2.206, appropriate
withdrawn from that issue. regard to all current operating nuclear action will be taken on this petition
[FR Doc. C1–2016–06532 Filed 3–30–16; 8:45 am] power plants (ADAMS Accession No. within a reasonable time.
BILLING CODE 1505–01–D ML16050A212). The petitioners Dated at Rockville, Maryland, this 21st day
requested that the NRC either: (1) Issue of March 2016.
orders which require immediate For the Nuclear Regulatory Commission.
NUCLEAR REGULATORY corrective actions including William M. Dean,
COMMISSION compensatory measures to address the Director, Office of Nuclear Reactor
operability of electric power systems in Regulation.
[NRC–2016–0061]
accordance with their plant Technical [FR Doc. 2016–06940 Filed 3–30–16; 8:45 am]
In the Matter of All Operating Reactor Specifications, and to implement plant BILLING CODE 7590–01–P
Licensees modifications in accordance with
current NRC regulatory requirements
AGENCY: Nuclear Regulatory and staff guidance provided in the NUCLEAR REGULATORY
Commission. references within the 2.206 petition, or COMMISSION
ACTION: Request for action; receipt. (2) issue orders to immediately
shutdown the nuclear power plants that [Docket No. 50–275; Docket No. 50–323]
SUMMARY: The U.S. Nuclear Regulatory are operating without addressing the
Commission (NRC) is giving notice that In the Matter of Pacific Gas & Electric
significant design deficiency identified Company (Diablo Canyon Nuclear
by petition dated February 19, 2016, in NRC Bulletin 2012–01, ‘‘Design
Roy Mathew, Sheila Ray, Swagata Som, Power Plant, Units 1 and 2); Notice of
Vulnerability in Electric Power Appointment of Adjudicatory
Gurcharan Singh Matharu, Tania System,’’ since the licensees are not in
Martinez Navedo, Thomas Koshy, and Employee
compliance with their Technical
Kenneth Miller (the petitioners) have Specifications 3.8.1 (typical) Pursuant to 10 CFR 2.4, notice is
requested that the NRC take action with requirements related to onsite and hereby given that Dr. Tianqing Cao,
regard to all current operating nuclear offsite power systems. Senior Seismologist, Office of Nuclear
power plants. The petitioners’ requests As the basis for this request, the Material Safety and Safeguards, has
are included in the SUPPLEMENTARY petitioners refer to a Byron Station been appointed as a Commission
INFORMATION section of this document. operating event, which led to the NRC’s adjudicatory employee within the
ADDRESSES: Please refer to Docket ID issuance of Information Notice 2012–03, meaning of section 2.4, to advise the
mstockstill on DSK4VPTVN1PROD with NOTICES
NRC–2016–0061 when contacting the ‘‘Design Vulnerability in Electric Power Commission regarding issues relating to
NRC about the availability of System,’’ dated March 1, 2012 (ADAMS a pending appeal filed by petitioner
information regarding this document. Accession No. ML120480170). On July Friends of the Earth. Dr. Cao has not
You may obtain publicly-available 27, 2012, the NRC issued Bulletin 2012– previously performed any investigative
information related to this document 01, ‘‘Design Vulnerability in Electric or litigating function in connection with
using any of the following methods: Power System’’ (ADAMS Accession No. this proceeding. Until such time as a
• Federal Rulemaking Web site: Go to ML12074A115), to require that the final decision is issued in this matter,
http://www.regulations.gov and search addressees comprehensively verify their interested persons outside the agency
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Document Created: 2016-03-31 00:55:18
Document Modified: 2016-03-31 00:55:18
| 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 18648 |
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