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)

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.

[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]


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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.

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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