81 FR 32344 - Certain Air Mattress Bed Systems and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

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

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 20, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Select Comfort Corporation of Minneapolis, Minnesota and Select Comfort SC Corporation of Greenville, South Carolina. The complaint alleges violations of section 337 based upon the importation into the United States and the sale within the United States after importation of certain air mattress bed systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,804,848 (``the '848 patent'') and U.S. Patent No. 7,389,554 (``the '554 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 99 (Monday, May 23, 2016)]
[Notices]
[Pages 32344-32345]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12074]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-999]


Certain Air Mattress Bed 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 20, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Select Comfort Corporation of Minneapolis, Minnesota and Select Comfort 
SC Corporation of Greenville, South Carolina. The complaint alleges 
violations of section 337 based upon the importation into the United 
States and the sale within the United States after importation of 
certain air mattress bed systems and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 6,804,848 (``the '848 
patent'') and U.S. Patent No. 7,389,554 (``the '554 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, 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

[[Page 32345]]

Commission's electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    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 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 or the sale within the United States 
after importation of certain air mattress bed systems and components 
thereof by reason of infringement of one or more of claims 1, 5, 6, 16, 
19, 20, 22, 24, and 26 of the '554 patent and claims 1, 3-6, 10, 14, 
and 24 of the '848 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:

Select Comfort Corporation, 9800 59th Avenue North, Minneapolis, MN 
55442
Select Comfort SC Corporation, 103 Shaw Street, Greenville, SC 29609

    (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:

American National Manufacturing Inc., 252 Mariah Circle, Corona, CA 
92879
Elements of Rest Inc., 1000 Marietta Street, Suite 106, Atlanta, GA 
30318
Responsive Surface Technology LLC, 1000 Marietta Street, Suite 106, 
Atlanta, GA 30318
Dires LLC d/b/a Personal Comfort Bed, 3411 Lake Breeze Drive, Building 
601, Suite E/F, Orlando, FL 32808

    (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 18, 2016.

Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12074 Filed 5-20-16; 8:45 am]
 BILLING CODE 7020-02-P