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)

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.

[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]


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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.

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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