81 FR 32343 - Certain Hybrid Electric Vehicles and Components Thereof, Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 99 (May 23, 2016)

Page Range		32343-32344
FR Document		2016-12073

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 15, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Paice LLC of Baltimore, Maryland and Abell Foundation, Inc. of Baltimore, Maryland. An amended complaint was filed on April 29, 2016. The amended 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 hybrid electric vehicles and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,104,347 (``the '347 patent''); U.S. Patent No. 7,237,634 (``the '634 patent''); and U.S. Patent No. 8,214,097 (``the '097 patent''). The amended 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 Issue 99 (Monday, May 23, 2016)

[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Notices]
[Pages 32343-32344]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12073]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-998]


Certain Hybrid Electric Vehicles 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 15, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Paice LLC of Baltimore, Maryland and Abell Foundation, Inc. of 
Baltimore, Maryland. An amended complaint was filed on April 29, 2016. 
The amended 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 hybrid 
electric vehicles and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 7,104,347 (``the '347 patent''); U.S. 
Patent No. 7,237,634 (``the '634 patent''); and U.S. Patent No. 
8,214,097 (``the '097 patent''). The amended 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.

[[Page 32344]]


ADDRESSES: The amended 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.

    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 amended complaint, 
the U.S. International Trade Commission, on May 17, 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 hybrid 
electric vehicles and components thereof by reason of infringement of 
one or more of claims 24, 25, 27, 28, 30, 32, and 41 of the '347 
patent; claims 33-44, 46, 50, 52-55, 91, 92, 94, 95, 97, 110, 112, 226, 
227, 229-231, 239-241, 252, 253, 255-259, 265-267, 278, 279, 281-283, 
285, 289-291 of the '634 patent; and claims 21, 27, 30, 33, and 37 of 
the '097 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:

Paice LLC, 111 South Calvert Street, Suite 2310, Baltimore, MD 21202
Abell Foundation, Inc., 111 South Calvert Street, Suite 2300, 
Baltimore, MD 21202

    (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:

Volkswagen AG, Brieffach 1849, D-38436 Wolfsburg, Germany
Volkswagen Group of America, Inc., 2200 Ferdinand Porsche Drive, 
Herndon, VA 20171
Dr. Ing. H.C. F. Porsche AG, Porscheplatz 1, D-70435, Germany
Porsche Cars North America, Inc., 980 Hammond Drive, Suite 1000, 
Atlanta, GA 30328
Audi AG, Ettinger Stra[szlig]e, D-85045, Ingolstadt, Germany
Audi of America, LLC, 2200 Ferdinand Porsche Drive, Herndon, VA 20171

    (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 amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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 18, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12073 Filed 5-20-16; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Notices 32343

will therefore focus this 5-year review Dated: April 12, 2016. adjoining tracts totaling 25.55 acres of
upon reported sightings or other recent Brian Glaspell, land. The boundary revision is depicted
information on the species’ possible Acting Regional Director, Alaska Region. on Map No. 326/129075, dated July 8,
existence. Thus, we ask, in particular, [FR Doc. 2016–12079 Filed 5–20–16; 8:45 am] 2015.
for information on recent sightings, BILLING CODE 4310–55–P
54 U.S.C. 100506(c) provides that,
including indication as to whether after notifying the Committee on Natural
corroborating evidence (such as Resources of the House of
photographs) is available. DEPARTMENT OF THE INTERIOR Representatives and the Committee on
Energy and Natural Resources of the
Species Under Review National Park Service Senate, the Secretary of the Interior is
Entity listed: Eskimo curlew [NPS–NER–FRSP–20694; authorized to make this boundary
(Numenius borealis). PS.SSARA0003.00.1] revision upon publication of notice in
Where listed: Wherever found. the Federal Register. The Committees
Classification: Endangered. Minor Boundary Revision at have been notified of this boundary
Date listed (publication date for final Fredericksburg and Spotsylvania revision. This boundary revision and
listing rule): March 11, 1967, under the County Battlefields Memorial National subsequent acquisition will ensure
Endangered Species Preservation Act of Military Park preservation and protection of the park’s
1966. scenic and historic resources.
AGENCY: National Park Service, Interior.
Federal Register citation for final Dated: April 5, 2016.
ACTION: Notification of boundary
listing rule: 32 FR 4001. Michael A. Caldwell,
revision.
Request for Information Regional Director, Northeast Region.
SUMMARY: The boundary of [FR Doc. 2016–12049 Filed 5–20–16; 8:45 am]
To ensure that a 5-year review is Fredericksburg and Spotsylvania BILLING CODE 4310–WV–P
complete and based on the best County Battlefields Memorial National
available scientific and commercial Military Park is modified to include four
information, we request new tracts containing 25.55 acres of land,
information from all sources. See What more or less, located in Orange County INTERNATIONAL TRADE
Information Do We Consider in Our and Spotsylvania County, Virginia, COMMISSION
Review? for specific criteria. If you immediately adjoining the boundary of
[Investigation No. 337–TA–998]
submit information, please support it Fredericksburg and Spotsylvania
with documentation such as maps, County Battlefields Memorial National Certain Hybrid Electric Vehicles and
bibliographic references, methods used Military Park. Subsequent to the Components Thereof, Institution of
to gather and analyze the data, and/or proposed boundary revision, the Investigation
copies of any pertinent publications, National Park Service will acquire one
reports, or letters by knowledgeable tract by donation from the Civil War AGENCY: U.S. International Trade
sources. If you submit purported Trust and two tracts by purchase from Commission.
sightings of the species, please also the Central Virginia Battlefields Trust. ACTION: Notice.
provide supporting documentation in The fourth tract, already owned by the
any form to the extent that it is United States and acquired as an SUMMARY: Notice is hereby given that a
available. uneconomic remnant, will be brought complaint was filed with the U.S.
into the boundary so that it can be International Trade Commission on
Public Availability of Comments April 15, 2016, under section 337 of the
administered as part of the park.
Before including your address, phone DATES: The effective date of this Tariff Act of 1930, as amended, 19
number, email address, or other boundary revision is May 23, 2016. U.S.C. 1337, on behalf of Paice LLC of
personal identifying information in your Baltimore, Maryland and Abell
ADDRESSES: The map depicting this
comments, you should be aware that Foundation, Inc. of Baltimore,
boundary revision is available for
your entire comment—including your Maryland. An amended complaint was
inspection at the following locations:
personal identifying information—may filed on April 29, 2016. The amended
National Park Service, Land Resources
be made publicly available at any time. complaint alleges violations of section
Program Center, Northeast Region, New
While you can ask us in your comment 337 based upon the importation into the
England Office, 115 John Street, 5th
to withhold your personal identifying United States, the sale for importation,
Floor, Lowell, MA 01852, and National
information from public review, we and the sale within the United States
Park Service, Department of the Interior,
cannot guarantee that we will be able to after importation of certain hybrid
1849 C Street NW., Washington, DC
do so. electric vehicles and components
20240.
thereof by reason of infringement of
Completed and Active Reviews FOR FURTHER INFORMATION CONTACT: certain claims of U.S. Patent No.
A list of all completed and currently Deputy Realty Officer Rachel McManus, 7,104,347 (‘‘the ’347 patent’’); U.S.
active 5-year reviews addressing species National Park Service, Land Resources Patent No. 7,237,634 (‘‘the ’634 patent’’);
for which the Alaskan Region of the Program Center, Northeast Region, New and U.S. Patent No. 8,214,097 (‘‘the ’097
Service has lead responsibility is England Office, 115 John Street, 5th patent’’). The amended complaint
available at http://www.fws.gov/alaska/ Floor, Lowell, MA 01852, telephone further alleges that an industry in the
sradovich on DSK3TPTVN1PROD with NOTICES

fisheries/endangered/reviews.htm. (978) 970–5260. United States exists as required by
SUPPLEMENTARY INFORMATION: Notice is subsection (a)(2) of section 337.
Authority
hereby given that, pursuant to 54 U.S.C. The complainants request that the
This document is published under the 100506(c), the boundary of Commission institute an investigation
authority of the Endangered Species Act Fredericksburg and Spotsylvania and, after the investigation, issue a
of 1973, as amended (16 U.S.C. 1531 et County Battlefields Memorial National limited exclusion order and cease and
seq.). Military Park is modified to include four desist orders.

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32344 Federal Register / Vol. 81, No. 99 / Monday, May 23, 2016 / Notices

ADDRESSES: The amended complaint, Abell Foundation, Inc., 111 South Issued: May 18, 2016.
except for any confidential information Calvert Street, Suite 2300, Baltimore, Lisa R. Barton,
contained therein, is available for MD 21202 Secretary to the Commission.
inspection during official business [FR Doc. 2016–12073 Filed 5–20–16; 8:45 am]
(b) The respondents are the following
hours (8:45 a.m. to 5:15 p.m.) in the
entities alleged to be in violation of BILLING CODE 7020–02–P
Office of the Secretary, U.S.
section 337, and are the parties upon
International Trade Commission, 500 E
which the complaint is to be served:
Street SW., Room 112, Washington, DC INTERNATIONAL TRADE
20436, telephone (202) 205–2000. Volkswagen AG, Brieffach 1849, D– COMMISSION
Hearing impaired individuals are 38436 Wolfsburg, Germany
advised that information on this matter [Investigation No. 337–TA–999]
Volkswagen Group of America, Inc.,
can be obtained by contacting the 2200 Ferdinand Porsche Drive, Certain Air Mattress Bed Systems and
Commission’s TDD terminal on (202) Herndon, VA 20171 Components Thereof; Institution of
205–1810. Persons with mobility
Dr. Ing. H.C. F. Porsche AG, Investigation
impairments who will need special
assistance in gaining access to the Porscheplatz 1, D–70435, Germany
AGENCY: U.S. International Trade
Commission should contact the Office Porsche Cars North America, Inc., 980 Commission.
of the Secretary at (202) 205–2000. Hammond Drive, Suite 1000, Atlanta, ACTION: Notice.
General information concerning the GA 30328
Commission may also be obtained by Audi AG, Ettinger Stra+e, D–85045, SUMMARY: Notice is hereby given that a
accessing its Internet server at http:// Ingolstadt, Germany complaint was filed with the U.S.
www.usitc.gov. The public record for International Trade Commission on
Audi of America, LLC, 2200 Ferdinand
this investigation may be viewed on the April 20, 2016, under section 337 of the
Porsche Drive, Herndon, VA 20171
Commission’s electronic docket (EDIS) Tariff Act of 1930, as amended, 19
at http://edis.usitc.gov. (3) For the investigation so instituted, U.S.C. 1337, on behalf of Select Comfort
FOR FURTHER INFORMATION CONTACT: The the Chief Administrative Law Judge, Corporation of Minneapolis, Minnesota
Office of Unfair Import Investigations, U.S. International Trade Commission, and Select Comfort SC Corporation of
U.S. International Trade Commission, shall designate the presiding Greenville, South Carolina. The
telephone (202) 205–2560. Administrative Law Judge. complaint alleges violations of section
Authority: The authority for institution of The Office of Unfair Import 337 based upon the importation into the
this investigation is contained in section 337 Investigations will not participate as a United States and the sale within the
of the Tariff Act of 1930, as amended, and party in this investigation. United States after importation of
in section 210.10 of the Commission’s Rules certain air mattress bed systems and
of Practice and Procedure, 19 CFR 210.10
Responses to the amended complaint components thereof by reason of
(2015). and the notice of investigation must be infringement of certain claims of U.S.
submitted by the named respondents in Patent No. 6,804,848 (‘‘the ’848 patent’’)
Scope of Investigation: Having accordance with section 210.13 of the
considered the amended complaint, the and U.S. Patent No. 7,389,554 (‘‘the ’554
Commission’s Rules of Practice and patent’’). The complaint further alleges
U.S. International Trade Commission, Procedure, 19 CFR 210.13. Pursuant to
on May 17, 2016, ordered that— that an industry in the United States
19 CFR 201.16(e) and 210.13(a), such exists as required by subsection (a)(2) of
(1) Pursuant to subsection (b) of responses will be considered by the
section 337 of the Tariff Act of 1930, as section 337.
Commission if received not later than 20 The complainants request that the
amended, an investigation be instituted days after the date of service by the
to determine whether there is a Commission institute an investigation
Commission of the amended complaint and, after the investigation, issue a
violation of subsection (a)(1)(B) of and the notice of investigation.
section 337 in the importation into the limited exclusion order and cease and
Extensions of time for submitting desist orders.
United States, the sale for importation, responses to the amended complaint
or the sale within the United States after and the notice of investigation will not ADDRESSES: The complaint, except for
importation of certain hybrid electric be granted unless good cause therefor is any confidential information contained
vehicles and components thereof by shown. therein, is available for inspection
reason of infringement of one or more of during official business hours (8:45 a.m.
claims 24, 25, 27, 28, 30, 32, and 41 of Failure of a respondent to file a timely to 5:15 p.m.) in the Office of the
the ’347 patent; claims 33–44, 46, 50, response to each allegation in the Secretary, U.S. International Trade
52–55, 91, 92, 94, 95, 97, 110, 112, 226, amended complaint and in this notice Commission, 500 E Street SW., Room
227, 229–231, 239–241, 252, 253, 255– may be deemed to constitute a waiver of 112, Washington, DC 20436, telephone
259, 265–267, 278, 279, 281–283, 285, the right to appear and contest the (202) 205–2000. Hearing impaired
289–291 of the ’634 patent; and claims allegations of the amended complaint individuals are advised that information
21, 27, 30, 33, and 37 of the ’097 patent, and this notice, and to authorize the on this matter can be obtained by
and whether an industry in the United administrative law judge and the contacting the Commission’s TDD
States exists as required by subsection Commission, without further notice to terminal on (202) 205–1810. Persons
(a)(2) of section 337; the respondent, to find the facts to be as with mobility impairments who will
(2) For the purpose of the alleged in the amended complaint and need special assistance in gaining access
sradovich on DSK3TPTVN1PROD with NOTICES

investigation so instituted, the following this notice and to enter an initial to the Commission should contact the
are hereby named as parties upon which determination and a final determination Office of the Secretary at (202) 205–
this notice of investigation shall be containing such findings, and may 2000. General information concerning
served: result in the issuance of an exclusion the Commission may also be obtained
(a) The complainants are: order or a cease and desist order or both by accessing its Internet server at http://
Paice LLC, 111 South Calvert Street, directed against the respondent. www.usitc.gov. The public record for
Suite 2310, Baltimore, MD 21202 By order of the Commission. this investigation may be viewed on the

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Document Created: 2018-02-07 15:07:16
Document Modified: 2018-02-07 15:07:16

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 32343