81 FR 3473 - Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 13 (January 21, 2016)
Federal Register Volume 81, Issue 13 (January 21, 2016)
| Page Range | 3473-3474 | |
| FR Document | 2016-01134 |
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)] [Notices] [Pages 3473-3474] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01134] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-983] Certain Laser-Driven Light Sources, Subsystems Containing Laser- Driven Light Sources, and Products Containing 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 December 15, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Energetiq Technology, Inc. of Woburn, Massachusetts. A supplement to the complaint was filed on December 23, 2015. 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 laser-driven light sources, subsystems containing laser-driven light sources, and products containing same by reason of infringement of certain claims of U.S. Patent No. 8,969,841 (``the '841 patent''); U.S. Patent No. 9,048,000 (``the '000 patent''); and U.S. Patent No. 9,185,786 (``the '786 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests 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 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 January 14, 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 laser-driven light sources, subsystems containing laser-driven light sources, and products containing same by reason of infringement of one or more of claims 1-3, 6, 7, 10, 11, 13, 26, and 29 of the '841 patent; claims 1-6 and 15-18 of the '000 patent; and claims 1, 6, 8, 13, 15, 20, 21, and 25 of the '786 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 complainant is: Energetiq Technology, Inc., 7 Constitution Way, Woburn, MA 01801. [[Page 3474]] (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: ASML Netherlands B.V., De Run 6501, 5504 DR, Veldhoven, The Netherlands. ASML US, Inc., 2650 West Geronimo Place, Chandler, AZ 85224. Qioptiq Photonics GmbH & Co. KG, K[ouml]nigsallee 23, 37801 G[ouml]ttingen, Germany. (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: January 15, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-01134 Filed 1-20-16; 8:45 am] BILLING CODE 7020-02-P
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accused products are imported, and any motion for leave to file a reply in limited exclusion order and cease and
known importers of the accused support of its motion to amend the APO. desist orders.
products. The written submissions and On November 23, 2015, Respondents ADDRESSES: The complaint, except for
proposed remedial orders must be filed filed an opposition to Nobel’s motion any confidential information contained
no later than close of business on for leave to file a reply. therein, is available for inspection
January 21, 2016. Initial submissions are The Commission has determined to during official business hours (8:45 a.m.
limited to 50 pages, not including any deny both Nobel’s motion to amend the to 5:15 p.m.) in the Office of the
attachments or exhibits related to APO and motion for leave to file a reply Secretary, U.S. International Trade
discussion of the public interest. Reply in support of its motion. Commission, 500 E Street SW., Room
submissions must be filed no later than The authority for the Commission’s 112, Washington, DC 20436, telephone
the close of business on January 28, determination is contained in section (202) 205–2000. Hearing impaired
2016. Reply submissions are limited to 337 of the Tariff Act of 1930, as individuals are advised that information
25 pages, not including any attachments amended (19 U.S.C. 1337), and in Part on this matter can be obtained by
or exhibits related to discussion of the 210 of the Commission’s Rules of contacting the Commission’s TDD
public interest. No further submissions Practice and Procedure (19 CFR part terminal on (202) 205–1810. Persons
on these issues will be permitted unless 210). with mobility impairments who will
otherwise ordered by the Commission. need special assistance in gaining access
By order of the Commission.
Persons filing written submissions to the Commission should contact the
must file the original document Issued: January 14, 2016.
Office of the Secretary at (202) 205–
electronically on or before the deadlines Lisa R. Barton,
2000. General information concerning
stated above and submit 8 true paper Secretary to the Commission. the Commission may also be obtained
copies to the Office of the Secretary by [FR Doc. 2016–01089 Filed 1–20–16; 8:45 am] by accessing its Internet server at
noon the next day pursuant to § 210.4(f) BILLING CODE 7020–02–P http://www.usitc.gov. The public record
of the Commission’s Rules of Practice for this investigation may be viewed on
and Procedure (19 CFR 210.4(f)). the Commission’s electronic docket
Submissions should refer to the INTERNATIONAL TRADE (EDIS) at http://edis.usitc.gov.
investigation number (‘‘Inv. No. 337– COMMISSION FOR FURTHER INFORMATION CONTACT: The
TA–934’’) in a prominent place on the Office of Docket Services, U.S.
cover page and/or the first page. (See [Investigation No. 337–TA–983] International Trade Commission,
Handbook for Electronic Filing telephone (202) 205–1802.
Procedures, http://www.usitc.gov/ Certain Laser-Driven Light Sources,
secretary/fed_reg_notices/rules/ Subsystems Containing Laser-Driven Authority: The authority for institution of
this investigation is contained in section 337
handbook_on_electronic_filing.pdf). Light Sources, and Products of the Tariff Act of 1930, as amended, and
Persons with questions regarding filing Containing Same; Institution of in section 210.10 of the Commission’s Rules
should contact the Secretary (202–205– Investigation of Practice and Procedure, 19 CFR 210.10
2000). (2015).
Any person desiring to submit a AGENCY: U.S. International Trade
document to the Commission in Commission. Scope of Investigation: Having
confidence must request confidential ACTION: Notice. considered the complaint, the U.S.
treatment. All such requests should be International Trade Commission, on
directed to the Secretary to the SUMMARY: Notice is hereby given that a January 14, 2016, ordered that—
Commission and must include a full complaint was filed with the U.S. (1) Pursuant to subsection (b) of
statement of the reasons why the International Trade Commission on section 337 of the Tariff Act of 1930, as
Commission should grant such December 15, 2015, under section 337 of amended, an investigation be instituted
treatment. See 19 CFR 201.6. Documents the Tariff Act of 1930, as amended, 19 to determine whether there is a
for which confidential treatment by the U.S.C. 1337, on behalf of Energetiq violation of subsection (a)(1)(B) of
Commission is properly sought will be Technology, Inc. of Woburn, section 337 in the importation into the
treated accordingly. A redacted non- Massachusetts. A supplement to the United States, the sale for importation,
confidential version of the document complaint was filed on December 23, or the sale within the United States after
must also be filed simultaneously with 2015. The complaint, as supplemented, importation of certain laser-driven light
any confidential filing. All non- alleges violations of section 337 based sources, subsystems containing laser-
confidential written submissions will be upon the importation into the United driven light sources, and products
available for public inspection at the States, the sale for importation, and the containing same by reason of
Office of the Secretary and on EDIS. sale within the United States after infringement of one or more of claims
On October 21, 2015, Nobel filed a importation of certain laser-driven light 1–3, 6, 7, 10, 11, 13, 26, and 29 of the
motion to amend the Administrative sources, subsystems containing laser- ’841 patent; claims 1–6 and 15–18 of the
Protective Order (‘‘APO’’) issued in this driven light sources, and products ’000 patent; and claims 1, 6, 8, 13, 15,
investigation to add specific provisions containing same by reason of 20, 21, and 25 of the ’786 patent, and
permitting the use of discovery from infringement of certain claims of U.S. whether an industry in the United
this investigation in two co-pending Patent No. 8,969,841 (‘‘the ’841 patent’’); States exists as required by subsection
proceedings in the U.S. Patent and U.S. Patent No. 9,048,000 (‘‘the ’000 (a)(2) of section 337;
asabaliauskas on DSK9F6TC42PROD with NOTICES
Trademark Office captioned as patent’’); and U.S. Patent No. 9,185,786 (2) For the purpose of the
Instradent USA, Inc. v. Nobel Biocare (‘‘the ’786 patent’’). The complaint investigation so instituted, the following
Services AG, IPR2015–01784, and further alleges that an industry in the are hereby named as parties upon which
Instradent USA, Inc. v. Nobel Biocare United States exists as required by this notice of investigation shall be
Services AG, IPR2015–01786. On subsection (a)(2) of section 337. served:
November 2, 2015, Respondents and the The complainant requests that the (a) The complainant is: Energetiq
IA filed oppositions to Nobel’s motion. Commission institute an investigation Technology, Inc., 7 Constitution Way,
On November 12, 2015, Nobel filed a and, after the investigation, issue a Woburn, MA 01801.
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![3474 Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Notices
(b) The respondents are the following INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: The
entities alleged to be in violation of COMMISSION Office of Unfair Import Investigations,
section 337, and are the parties upon U.S. International Trade Commission,
[Investigation No. 337–TA–982]
which the complaint is to be served: telephone (202) 205–2560.
ASML Netherlands B.V., De Run Certain RF Capable Integrated Circuits Authority: The authority for institution of
6501, 5504 DR, Veldhoven, The and Products Containing the Same; this investigation is contained in section 337
Institution of Investigation of the Tariff Act of 1930, as amended, and
Netherlands.
in section 210.10 of the Commission’s Rules
ASML US, Inc., 2650 West Geronimo AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10
Place, Chandler, AZ 85224. Commission. (2015).
Qioptiq Photonics GmbH & Co. KG, ACTION: Notice.
Scope of Investigation: Having
Königsallee 23, 37801 Göttingen, SUMMARY: Notice is hereby given that a considered the complaint, the U.S.
Germany. complaint was filed with the U.S. International Trade Commission, on
(3) For the investigation so instituted, International Trade Commission on January 14, 2016, ORDERED THAT—
the Chief Administrative Law Judge, December 15, 2015, under section 337 of (1) Pursuant to subsection (b) of
U.S. International Trade Commission, the Tariff Act of 1930, as amended, 19 section 337 of the Tariff Act of 1930, as
shall designate the presiding U.S.C. 1337, on behalf of ParkerVision, amended, an investigation be instituted
Administrative Law Judge. Inc. of Jacksonville, Florida. to determine whether there is a
Supplements to the complaint were violation of subsection (a)(1)(B) of
The Office of Unfair Import filed on December 23, 2015 and January section 337 in the importation into the
Investigations will not participate as a 4, 2016. The complaint, as United States, the sale for importation,
party in this investigation. supplemented, alleges violations of or the sale within the United States after
Responses to the complaint and the section 337 based upon the importation importation of certain RF capable
notice of investigation must be into the United States, the sale for integrated circuits and products
submitted by the named respondents in importation, and the sale within the containing the same by reason of
accordance with section 210.13 of the United States after importation of infringement of one or more of claims 1,
Commission’s Rules of Practice and certain RF capable integrated circuits 5–7, 11, and 14 of the ’817 patent;
Procedure, 19 CFR 210.13. Pursuant to and products containing the same by claims 1 and 4–8 of the ’638 patent;
19 CFR 201.16(e) and 210.13(a), such reason of infringement of certain claims claims 22 and 24 of the ’135 patent; and
responses will be considered by the of U.S. Patent No. 6,879,817 (‘‘the ’817 claims 1, 5, 6, 8–10, 17–19, 23, 24, 26–
Commission if received not later than 20 patent’’); U.S. Patent No. 7,929,638 (‘‘the 28, and 33–36 of the ’528 patent, and
’638 patent’’); U.S. Patent No. 8,571,135 whether an industry in the United
days after the date of service by the
(‘‘the ’135 patent’’); and U.S. Patent No. States exists or is in the process of being
Commission of the complaint and the 9,118,528 (‘‘the ’528 patent’’). The
notice of investigation. Extensions of established as required by subsection
complaint further alleges that an (a)(2) of section 337;
time for submitting responses to the industry in the United States exists or (2) For the purpose of the
complaint and the notice of is in the process of being established as investigation so instituted, the following
investigation will not be granted unless required by subsection (a)(2) of section are hereby named as parties upon which
good cause therefor is shown. 337. this notice of investigation shall be
Failure of a respondent to file a timely The complainant requests that the served:
response to each allegation in the Commission institute an investigation (a) The complainant is: ParkerVision,
complaint and in this notice may be and, after the investigation, issue a Inc., 7915 Baymeadows Way, Suite 400,
deemed to constitute a waiver of the limited exclusion order and cease and Jacksonville, FL 32256.
right to appear and contest the desist orders. (b) The respondents are the following
allegations of the complaint and this ADDRESSES: The complaint, except for entities alleged to be in violation of
notice, and to authorize the any confidential information contained section 337, and are the parties upon
administrative law judge and the therein, is available for inspection which the complaint is to be served:
during official business hours (8:45 a.m. Apple Inc., One Infinite Loop,
Commission, without further notice to
to 5:15 p.m.) in the Office of the Cupertino, CA 95014
the respondent, to find the facts to be as
Secretary, U.S. International Trade LG Electronics, Inc., 128 Yeoui-Daero,
alleged in the complaint and this notice Commission, 500 E Street SW., Room
and to enter an initial determination Yeongdeungpo-Gu, Seoul 07336,
112, Washington, DC 20436, telephone Republic of Korea
and a final determination containing (202) 205–2000. Hearing impaired LG Electronics U.S.A., Inc., 1000 Sylvan
such findings, and may result in the individuals are advised that information Avenue, Englewood Cliffs, NJ 07632
issuance of an exclusion order or a cease on this matter can be obtained by LG Electronics MobileComm U.S.A.,
and desist order or both directed against contacting the Commission’s TDD Inc., 10101 Old Grove Road, San
the respondent. terminal on (202) 205–1810. Persons Diego, CA 92131
By order of the Commission. with mobility impairments who will Samsung Electronics Co., Ltd., 129
Issued: January 15, 2016.
need special assistance in gaining access Samsung-Ro, Yeongtong-Gu, Suwon-
to the Commission should contact the Shi 16677, Republic of Korea
asabaliauskas on DSK9F6TC42PROD with NOTICES
Lisa R. Barton,
Office of the Secretary at (202) 205– Samsung Electronics America, Inc., 85
Secretary to the Commission. 2000. General information concerning Challenger Road, Ridgefield Park, NJ
[FR Doc. 2016–01134 Filed 1–20–16; 8:45 am] the Commission may also be obtained 07660
BILLING CODE 7020–02–P by accessing its Internet server at Samsung Semiconductor, Inc., 3655 N
http://www.usitc.gov. The public record 1st Street, San Jose, CA 95134
for this investigation may be viewed on Qualcomm Incorporated, 5775
the Commission’s electronic docket Morehouse Drive, San Diego, CA
(EDIS) at http://edis.usitc.gov. 92121
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Document Created: 2018-02-02 12:34:08
Document Modified: 2018-02-02 12:34:08
| 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 Docket Services, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 81 FR 3473 |
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