81 FR 31255 - Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 96 (May 18, 2016)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 14, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of ResMed Corp. of San Diego, California; ResMed Inc. of San Diego, California; and ResMed Ltd. of Australia. A corrected complaint was filed on April 18, 2016, and a supplement was filed on April 19, 2016. The corrected 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 sleeping-disordered breathing treatment systems and components thereof by reason of infringement of certain claims of U.S. Patent No. RE44,453 (``the '453 patent''); U.S. Patent No. 8,020,551 (``the '551 patent''); U.S. Patent No. 8,006,691 (``the '691 patent''); and U.S. Patent No. 9,072,860 (``the '860 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 96 (Wednesday, May 18, 2016)]
[Notices]
[Pages 31255-31256]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11667]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-997]


Certain Sleep-Disordered Breathing Treatment Systems and 
Components Thereof; 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 April 14, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
ResMed Corp. of San Diego, California; ResMed Inc. of San Diego, 
California; and ResMed Ltd. of Australia. A corrected complaint was 
filed on April 18, 2016, and a supplement was filed on April 19, 2016. 
The corrected 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 
sleeping-disordered breathing treatment systems and components thereof 
by reason of infringement of certain claims of U.S. Patent No. RE44,453 
(``the '453 patent''); U.S. Patent No. 8,020,551 (``the '551 patent''); 
U.S. Patent No. 8,006,691 (``the '691 patent''); and U.S. Patent No. 
9,072,860 (``the '860 patent''). The complaint

[[Page 31256]]

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, 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.

SUPPLEMENTARY INFORMATION: 
    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 May 11, 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 sleeping-
disordered breathing treatment systems and components thereof by reason 
of infringement of one or more of claims 23 and 24 of the '453 patent; 
claims 1-24 and 26-33 of the '551 patent; claims 1-31, 40-43, 52-59, 
61-67, 69-84, 86-120, 122-158, 160, 161, 164, 165, 167, 168, and 173 of 
the '691 patent; and claims 16-30 of the '860 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 complainants are:

ResMed Corp., 9001 Spectrum Center Drive, San Diego, CA 92123
ResMed Inc., 9001 Spectrum Center Drive, San Diego, CA 92123
ResMed Ltd., 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, 
Australia

    (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:

BMC Medical Co., Ltd., 5/F Main Building, No. 19 Gucheng Street West, 
Shijingshan, Beijing 100043, China
3B Medical, Inc., 21301 US Highway 27, Lake Wales, FL 33589
3B Products, L.L.C., 21301 US Highway 27, Lake Wales, FL 33589

    (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: May 12, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-11667 Filed 5-17-16; 8:45 am]
 BILLING CODE 7020-02-P