81 FR 41349 - Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 122 (June 24, 2016)
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41349-41350 | |
| FR Document | 2016-14909 |
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)] [Notices] [Pages 41349-41350] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14909] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1008] Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof; 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 March 21, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Laerdal Medical Corp. of Wappingers Falls, New York and Laerdal Medical AS of Stavanger, Norway. An amended complaint was filed on May 18, 2016. A supplement to the amended complaint was filed on June 7, 2016. The complaint, as amended and 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 carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,090,058 (``the '058 patent''); certain claims of U.S. Patent No. 6,170,486 (``the '486 patent''); U.S. Copyright Registration No. VA 1- 879-023 (``the '023 copyright''); U.S. Copyright Registration No. VA 1- 879-026 (``the '026 copyright''), U.S. Trademark Registration No. 3,735,147 (``the '147 trademark''); and U.S. Trademark Registration No. 3,476,656 (``the '656 trademark''), and that an industry in the United States exists as required by section (a)(2) of section 337. The amended complaint further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof by reason of common law trademark infringement and trade dress misappropriation and infringement, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative, a limited exclusion order and cease and desist orders. 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 [[Page 41350]] 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 (2016). Scope of Investigation: Having considered the complaint, as amended, the U.S. International Trade Commission, on June 20, 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: (a) Whether there is a violation of subsection (a)(1)(A) of section 337 in the importation into the United States, or in the sale of certain carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof by reason of trade dress misappropriation and infringement, the threat or effect of which is to destroy or substantially injure an industry in the United States; (b) 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 carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof by reason of infringement of one or more of claim 1 of the '058 patent; the '023 copyright; and the '026 copyright, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (c) whether there is a violation of subsection (a)(1)(C) 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 carbon spine board, cervical collar, CPR masks and various medical training manikin devices, and trademarks, copyrights of product catalogues, product inserts and components thereof by reason of infringement of the '656 trademark, 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: Laerdal Medical Corp., 167 Myers Corners Road, Wappingers Falls, NY 12590 Laerdal Medical AS, 30 Tanke Svilandsgate, Stavanger, Norway N-4002 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Shanghai Evenk International Trading Co., Ltd., Aijia International Building, #288 Wuhua Road, Bldg. No. 1, 5th Floor, Shanghai, China, 200086 Shanghai Honglian Medical Instrument, Development Co., Ltd., Aijia International Building, #288 Wuhua Road, Bldg. No. 1, 5th Floor, Shanghai, China, 200086 Shangahi Jolly Medical Education Co., Ltd., # 8 Jinting Road, Pudong New Area, Shanghai, China 201323 Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd., FuGang Building, #6B RenMin Street, Zhangjiagang City, Jiangsu, China 215600 Zhangjiagang New Fellow Med Co., Ltd., Sanxing Wukesong Road, Jinfeng Town, Zhangjiagang City, Jiangsu Province, China 215624 Jiangsu Yongxin Medical Equipment Co., Ltd., 204 New State Road, Leyu Town, Zhangjiagang City, Jiangsu Province, China 2156000 Jiangsu Yongxin Medical-Use Facilities Making, Co., Ltd., 204 New State Road, Leyu Town, Zhangjiagang City, Jiangsu Provice, China 2156000 Jiangyin Everise Medical Devices Co., Ltd., No. 1001 Chengyang Road, Jiangyin City, Jiangsu, China 214423 Medsource International Co., Ltd. and Medsource Factory, Inc., No. 1703 Building 11#, Lane 225, Jinxiang Road, PuDong, China 201206 Basic Medical Supply, LLC, 19902 Flax Flower Drive, Richmond, TX 77407 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) 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 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: June 20, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-14909 Filed 6-23-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices 41349
Secretary for those parties authorized to comply with section 207.30 of the Medical Corp. of Wappingers Falls, New
receive BPI under the APO. Commission’s rules. All written York and Laerdal Medical AS of
Staff report.—The prehearing staff submissions must conform with the Stavanger, Norway. An amended
report in the final phase of these provisions of section 201.8 of the complaint was filed on May 18, 2016. A
investigations will be placed in the Commission’s rules; any submissions supplement to the amended complaint
nonpublic record on October 4, 2016, that contain BPI must also conform with was filed on June 7, 2016. The
and a public version will be issued the requirements of sections 201.6, complaint, as amended and
thereafter, pursuant to section 207.22 of 207.3, and 207.7 of the Commission’s supplemented, alleges violations of
the Commission’s rules. rules. The Commission’s Handbook on section 337 based upon the importation
Hearing.—The Commission will hold E-Filing, available on the Commission’s into the United States, the sale for
a hearing in connection with the final Web site at http://edis.usitc.gov, importation, and the sale within the
phase of these investigations beginning elaborates upon the Commission’s rules United States after importation of
at 9:30 a.m. on Tuesday, October 18, with respect to electronic filing. certain carbon spine board, cervical
2016, at the U.S. International Trade Additional written submissions to the collar, CPR masks and various medical
Commission Building. Requests to Commission, including requests training manikin devices, and
appear at the hearing should be filed in pursuant to section 201.12 of the trademarks, copyrights of product
writing with the Secretary to the Commission’s rules, shall not be catalogues, product inserts and
Commission on or before October 12, accepted unless good cause is shown for components thereof by reason of
2016. A nonparty who has testimony accepting such submissions, or unless infringement of certain claims of U.S.
that may aid the Commission’s the submission is pursuant to a specific Patent No. 6,090,058 (‘‘the ’058 patent’’);
deliberations may request permission to request by a Commissioner or certain claims of U.S. Patent No.
present a short statement at the hearing. Commission staff. 6,170,486 (‘‘the ’486 patent’’); U.S.
All parties and nonparties desiring to In accordance with sections 201.16(c) Copyright Registration No. VA 1–879–
appear at the hearing and make oral and 207.3 of the Commission’s rules, 023 (‘‘the ’023 copyright’’); U.S.
presentations should participate in a each document filed by a party to the Copyright Registration No. VA 1–879–
prehearing conference to be held on investigations must be served on all 026 (‘‘the ’026 copyright’’), U.S.
October 17, 2016, at the U.S. other parties to the investigations (as Trademark Registration No. 3,735,147
International Trade Commission identified by either the public or BPI (‘‘the ’147 trademark’’); and U.S.
Building, if deemed necessary. Oral service list), and a certificate of service Trademark Registration No. 3,476,656
testimony and written materials to be must be timely filed. The Secretary will (‘‘the ’656 trademark’’), and that an
submitted at the public hearing are not accept a document for filing without industry in the United States exists as
governed by sections 201.6(b)(2), a certificate of service. required by section (a)(2) of section 337.
201.13(f), and 207.24 of the
Authority: These investigations are being The amended complaint further alleges
Commission’s rules. Parties must submit
conducted under authority of title VII of the violations of section 337 based upon the
any request to present a portion of their
Tariff Act of 1930; this notice is published importation into the United States, or in
hearing testimony in camera no later
pursuant to section 207.21 of the the sale of certain carbon spine board,
than 7 business days prior to the date of Commission’s rules. cervical collar, CPR masks and various
the hearing.
Written submissions.—Each party By order of the Commission. medical training manikin devices, and
who is an interested party shall submit Issued: June 21, 2016. trademarks, copyrights of product
a prehearing brief to the Commission. William R. Bishop,
catalogues, product inserts and
Prehearing briefs must conform with the components thereof by reason of
Supervisory Hearings and Information
provisions of section 207.23 of the Officer.
common law trademark infringement
Commission’s rules; the deadline for and trade dress misappropriation and
[FR Doc. 2016–14977 Filed 6–23–16; 8:45 am]
filing is October 11, 2016. Parties may infringement, the threat or effect of
BILLING CODE 7020–02–P
also file written testimony in connection which is to destroy or substantially
with their presentation at the hearing, as injure an industry in the United States.
provided in section 207.24 of the INTERNATIONAL TRADE The complainants request that the
Commission’s rules, and posthearing COMMISSION Commission institute an investigation
briefs, which must conform with the and, after the investigation, issue a
[Investigation No. 337–TA–1008] general exclusion order, or in the
provisions of section 207.25 of the
Commission’s rules. The deadline for alternative, a limited exclusion order
Certain Carbon Spine Board, Cervical and cease and desist orders.
filing posthearing briefs is October 25, Collar, CPR Masks and Various
2016. In addition, any person who has ADDRESSES: The amended complaint,
Medical Training Manikin Devices, and
not entered an appearance as a party to except for any confidential information
Trademarks, Copyrights of Product
the investigations may submit a written contained therein, is available for
Catalogues, Product Inserts and
statement of information pertinent to inspection during official business
Components Thereof; Institution of
the subject of the investigations, hours (8:45 a.m. to 5:15 p.m.) in the
Investigation
including statements of support or Office of the Secretary, U.S.
opposition to the petitions, on or before AGENCY: U.S. International Trade International Trade Commission, 500 E
October 25, 2016. On November 10, Commission. Street SW., Room 112, Washington, DC
2016, the Commission will make 20436, telephone (202) 205–2000.
sradovich on DSK3GDR082PROD with NOTICES
ACTION: Notice.
available to parties all information on Hearing impaired individuals are
which they have not had an opportunity SUMMARY: Notice is hereby given that a advised that information on this matter
to comment. Parties may submit final complaint was filed with the U.S. can be obtained by contacting the
comments on this information on or International Trade Commission on Commission’s TDD terminal on (202)
before November 14, 2016, but such March 21, 2016, under section 337 of 205–1810. Persons with mobility
final comments must not contain new the Tariff Act of 1930, as amended, 19 impairments who will need special
factual information and must otherwise U.S.C. 1337, on behalf of Laerdal assistance in gaining access to the
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![41350 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
Commission should contact the Office components thereof by reason of Responses to the amended complaint
of the Secretary at (202) 205–2000. infringement of the ’656 trademark, and and the notice of investigation must be
General information concerning the whether an industry in the United submitted by the named respondents in
Commission may also be obtained by States exists as required by subsection accordance with section 210.13 of the
accessing its internet server at http:// (a)(2) of section 337; Commission’s Rules of Practice and
www.usitc.gov. The public record for (2) For the purpose of the Procedure, 19 CFR 210.13. Pursuant to
this investigation may be viewed on the investigation so instituted, the following 19 CFR 201.16(e) and 210.13(a), such
Commission’s electronic docket (EDIS) are hereby named as parties upon which responses will be considered by the
at http://edis.usitc.gov. this notice of investigation shall be Commission if received not later than 20
FOR FURTHER INFORMATION CONTACT: The served: days after the date of service by the
Office of Unfair Import Investigations, (a) The complainants are: Commission of the amended complaint
U.S. International Trade Commission, Laerdal Medical Corp., 167 Myers and the notice of investigation.
telephone (202) 205–2560. Corners Road, Wappingers Falls, NY Extensions of time for submitting
12590 responses to the amended complaint
Authority: The authority for institution of Laerdal Medical AS, 30 Tanke
this investigation is contained in section 337 and the notice of investigation will not
of the Tariff Act of 1930, as amended, and Svilandsgate, Stavanger, Norway N– be granted unless good cause therefor is
in section 210.10 of the Commission’s Rules 4002 shown.
of Practice and Procedure, 19 CFR 210.10 (b) The respondents are the following Failure of a respondent to file a timely
(2016). entities alleged to be in violation of response to each allegation in the
section 337, and are the parties upon amended complaint and in this notice
Scope of Investigation: Having may be deemed to constitute a waiver of
which the amended complaint is to be
considered the complaint, as amended, the right to appear and contest the
served:
the U.S. International Trade allegations of the amended complaint
Commission, on June 20, 2016, ordered Shanghai Evenk International Trading
Co., Ltd., Aijia International Building, and this notice, and to authorize the
that— administrative law judge and the
(1) Pursuant to subsection (b) of #288 Wuhua Road, Bldg. No. 1, 5th
Floor, Shanghai, China, 200086 Commission, without further notice to
section 337 of the Tariff Act of 1930, as
Shanghai Honglian Medical Instrument, the respondent, to find the facts to be as
amended, an investigation be instituted
Development Co., Ltd., Aijia alleged in the amended complaint and
to determine:
(a) Whether there is a violation of International Building, #288 Wuhua this notice and to enter an initial
subsection (a)(1)(A) of section 337 in the Road, Bldg. No. 1, 5th Floor, determination and a final determination
importation into the United States, or in Shanghai, China, 200086 containing such findings, and may
the sale of certain carbon spine board, Shangahi Jolly Medical Education Co., result in the issuance of an exclusion
cervical collar, CPR masks and various Ltd., # 8 Jinting Road, Pudong New order or a cease and desist order or both
Area, Shanghai, China 201323 directed against the respondent.
medical training manikin devices, and
Zhangjiagang Xiehe Medical Apparatus By order of the Commission.
trademarks, copyrights of product
& Instruments Co., Ltd., FuGang
catalogues, product inserts and Building, #6B RenMin Street, Issued: June 20, 2016.
components thereof by reason of trade Zhangjiagang City, Jiangsu, China Lisa R. Barton,
dress misappropriation and 215600 Secretary to the Commission.
infringement, the threat or effect of Zhangjiagang New Fellow Med Co., [FR Doc. 2016–14909 Filed 6–23–16; 8:45 am]
which is to destroy or substantially Ltd., Sanxing Wukesong Road, Jinfeng BILLING CODE 7020–02–P
injure an industry in the United States; Town, Zhangjiagang City, Jiangsu
(b) whether there is a violation of Province, China 215624
subsection (a)(1)(B) of section 337 in the Jiangsu Yongxin Medical Equipment
importation into the United States, the DEPARTMENT OF JUSTICE
Co., Ltd., 204 New State Road, Leyu
sale for importation, or the sale within Town, Zhangjiagang City, Jiangsu Notice of Lodging of Proposed
the United States after importation of Province, China 2156000 Consent Decree Under the Resource
certain carbon spine board, cervical Jiangsu Yongxin Medical-Use Facilities Conservation and Recovery Act
collar, CPR masks and various medical Making, Co., Ltd., 204 New State
training manikin devices, and Road, Leyu Town, Zhangjiagang City, On June 20, 2016, the Department of
trademarks, copyrights of product Jiangsu Provice, China 2156000 Justice lodged a proposed consent
catalogues, product inserts and Jiangyin Everise Medical Devices Co., decree with the United States District
components thereof by reason of Ltd., No. 1001 Chengyang Road, Court for the Northern District of
infringement of one or more of claim 1 Jiangyin City, Jiangsu, China 214423 Georgia in the lawsuit entitled United
of the ’058 patent; the ’023 copyright; Medsource International Co., Ltd. and States and State of Georgia v. Metal
and the ’026 copyright, and whether an Medsource Factory, Inc., No. 1703 Conversion Technologies, LLC, et al.,
industry in the United States exists as Building 11#, Lane 225, Jinxiang Civil Action No. 4:16–cv–00168–HLM.
required by subsection (a)(2) of section Road, PuDong, China 201206 The United States of America
337; Basic Medical Supply, LLC, 19902 Flax (‘‘United States’’), on behalf of the
(c) whether there is a violation of Flower Drive, Richmond, TX 77407 Administrator of the United States
subsection (a)(1)(C) of section 337 in the (c) The Office of Unfair Import Environmental Protection Agency
importation into the United States, the Investigations, U.S. International Trade (‘‘EPA’’), and the State of Georgia on
sradovich on DSK3GDR082PROD with NOTICES
sale for importation, or the sale within Commission, 500 E Street SW., Suite behalf of the Environmental Protection
the United States after importation of 401, Washington, DC 20436; and Division of the Georgia Department of
certain carbon spine board, cervical (3) For the investigation so instituted, Natural Resources, (‘‘State’’)
collar, CPR masks and various medical the Chief Administrative Law Judge, (collectively, ‘‘Plaintiffs), filed a
training manikin devices, and U.S. International Trade Commission, complaint against Metal Conversion
trademarks, copyrights of product shall designate the presiding Technologies, LLC, John Patterson, and
catalogues, product inserts and Administrative Law Judge. 1 Porter Street, LLC (‘‘Defendants’’)
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Document Created: 2016-06-24 00:53:11
Document Modified: 2016-06-24 00:53:11
| 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 41349 |
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