81 FR 43242 - Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Notice of Institution of Formal Enforcement Proceeding
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 127 (July 1, 2016)
Federal Register Volume 81, Issue 127 (July 1, 2016)
| Page Range | 43242-43243 | |
| FR Document | 2016-15612 |
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)] [Notices] [Pages 43242-43243] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15612] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-929 (Enforcement Proceeding)] Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Notice of Institution of Formal Enforcement Proceeding AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to March 17, 2016 limited exclusion order and cease and desist order issued in the above-referenced investigation. FOR FURTHER INFORMATION CONTACT: Robert J. Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205-3438. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted the original investigation on September 9, 2014, based on a complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, ``ARM''). 79 FR 53445-46 (Mar. 24, 2016). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain beverage brewing capsules, components thereof, and products containing the same, by reason of infringement of claims 5-8 and 18-20 of U.S. Patent No. 8,720,320 (``the '320 patent''). Id. The notice of institution of the investigation named as respondents Solofill, LLC (``Solofill''); DongGuan Hai Rui Precision Mould Co., Ltd. (``DongGuan''); Eko Brands, LLC (``Eko Brands''); Evermuch Technology Co., Ltd. and Ever Much Company Ltd. (together, ``Evermuch''); and several additional respondents who were terminated by reason of consent order or settlement. 79 FR 53445. The Office of Unfair Import Investigations (``OUII'') was also named as a party to the investigation. Id. The Commission found Eko Brands and Evermuch in default for failure to respond to the complaint and notice of investigation. Notice (May 18, 2015). On March 17, 2016, the Commission found no violation of section 337 by Solofill and DongGuan because claims 5-7, 18, and 20 were invalid for a lack of written description and claims 5 and 6 were invalid as anticipated. 81 FR 15742-43. The Commission, however, presumed that the allegations were true with respect to the remaining allegations against the defaulted parties Eko Brands and Evermuch, and thus concluded that they violated section 337 with respect to claims 8 and 19. Id. at 15743. The Commission issued a limited exclusion order prohibiting Eko Brands and Evermuch from importing certain beverage brewing capsules, components thereof, and products containing the same that infringed claims 8 or 19 of the '320 patent. Id. The Commission also issued cease and desist orders against Eko Brands and Evermuch prohibiting the sale and distribution within the United States of articles that infringe claims 8 or 19. Id. On June 1, 2016, ARM filed a complaint requesting that the Commission institute a formal enforcement proceeding under Commission Rule 210.75(b) to investigate alleged violations of the limited exclusion order and the cease and desist order against Eko Brands by [[Page 43243]] both Eko Brands and Espresso Supply, Inc. (collectively, ``Respondents''). ARM alleges that Espresso Supply, Inc., should be subject to the enforcement proceeding because it purchased the Eko Brands company in November of 2015. Having examined the enforcement complaint and the supporting documents, the Commission has determined to institute a formal enforcement proceeding to determine whether Respondents are in violation of the March 17, 2016 limited exclusion order and cease and desist order issued in the original investigation and what, if any, enforcement measures are appropriate. The following entities are named as parties to the formal enforcement proceeding: (1) Complainants Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc.; (2) respondents Eko Brands and Espresso Supply, Inc.; and (3) OUII. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.75 of the Commission's Rules of Practice and Procedure (19 CFR 210.75). By order of the Commission. Issued: June 27, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-15612 Filed 6-30-16; 8:45 am] BILLING CODE 7020-02-P
![43242 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices
United States, or United States treated accordingly. All nonconfidential SUPPLEMENTARY INFORMATION: The
consumers. written submissions will be available for Commission instituted the original
In particular, the Commission is public inspection at the Office of the investigation on September 9, 2014,
interested in comments that: Secretary and on EDIS.5 based on a complaint filed by Adrian
(i) Explain how the articles This action is taken under the Rivera and Adrian Rivera Maynez
potentially subject to the requested authority of section 337 of the Tariff Act Enterprises, Inc. (collectively, ‘‘ARM’’).
remedial orders are used in the United of 1930, as amended (19 U.S.C. 1337), 79 FR 53445–46 (Mar. 24, 2016). The
States; and of sections 201.10 and 210.8(c) of complaint alleged violations of section
(ii) identify any public health, safety, the Commission’s Rules of Practice and 337 of the Tariff Act of 1930, as
or welfare concerns in the United States Procedure (19 CFR 201.10, 210.8(c)). amended, 19 U.S.C. 1337, in the
relating to the requested remedial Issued: June 28, 2016. importation into the United States, the
orders; sale for importation, and the sale within
By order of the Commission.
(iii) identify like or directly the United States after importation of
competitive articles that complainant, Lisa R. Barton, certain beverage brewing capsules,
its licensees, or third parties make in the Secretary to the Commission. components thereof, and products
United States which could replace the [FR Doc. 2016–15702 Filed 6–30–16; 8:45 am] containing the same, by reason of
subject articles if they were to be BILLING CODE 7020–02–P infringement of claims 5–8 and 18–20 of
excluded; U.S. Patent No. 8,720,320 (‘‘the ’320
(iv) indicate whether complainant, patent’’). Id. The notice of institution of
complainant’s licensees, and/or third INTERNATIONAL TRADE the investigation named as respondents
party suppliers have the capacity to COMMISSION Solofill, LLC (‘‘Solofill’’); DongGuan Hai
replace the volume of articles [Investigation No. 337–TA–929
Rui Precision Mould Co., Ltd.
potentially subject to the requested (Enforcement Proceeding)] (‘‘DongGuan’’); Eko Brands, LLC (‘‘Eko
exclusion order and/or a cease and Brands’’); Evermuch Technology Co.,
desist order within a commercially Certain Beverage Brewing Capsules, Ltd. and Ever Much Company Ltd.
reasonable time; and Components Thereof, and Products (together, ‘‘Evermuch’’); and several
(v) explain how the requested Containing the Same; Notice of additional respondents who were
remedial orders would impact United Institution of Formal Enforcement terminated by reason of consent order or
States consumers. Proceeding settlement. 79 FR 53445. The Office of
Written submissions must be filed no Unfair Import Investigations (‘‘OUII’’)
later than by close of business, eight AGENCY: U.S. International Trade was also named as a party to the
calendar days after the date of Commission. investigation. Id. The Commission
publication of this notice in the Federal ACTION: Notice. found Eko Brands and Evermuch in
Register. There will be further default for failure to respond to the
opportunities for comment on the SUMMARY: Notice is hereby given that complaint and notice of investigation.
public interest after the issuance of any the U.S. International Trade Notice (May 18, 2015).
final initial determination in this Commission has instituted a formal On March 17, 2016, the Commission
investigation. enforcement proceeding relating to found no violation of section 337 by
Persons filing written submissions March 17, 2016 limited exclusion order Solofill and DongGuan because claims
must file the original document and cease and desist order issued in the 5–7, 18, and 20 were invalid for a lack
electronically on or before the deadlines above-referenced investigation. of written description and claims 5 and
stated above and submit 8 true paper FOR FURTHER INFORMATION CONTACT: 6 were invalid as anticipated. 81 FR
copies to the Office of the Secretary by Robert J. Needham, Office of the General 15742–43. The Commission, however,
noon the next day pursuant to section Counsel, U.S. International Trade presumed that the allegations were true
210.4(f) of the Commission’s Rules of Commission, 500 E Street, SW., with respect to the remaining
Practice and Procedure (19 CFR Washington, DC 20436, telephone (202) allegations against the defaulted parties
210.4(f)). Submissions should refer to 205–3438. Copies of non-confidential Eko Brands and Evermuch, and thus
the docket number (‘‘Docket No. 3159’’) documents filed in connection with this concluded that they violated section 337
in a prominent place on the cover page investigation are or will be available for with respect to claims 8 and 19. Id. at
and/or the first page. (See Handbook for inspection during official business 15743. The Commission issued a
Electronic Filing Procedures, Electronic hours (8:45 a.m. to 5:15 p.m.) in the limited exclusion order prohibiting Eko
Filing Procedures 4). Persons with Office of the Secretary, U.S. Brands and Evermuch from importing
questions regarding filing should International Trade Commission, 500 E certain beverage brewing capsules,
contact the Secretary (202–205–2000). Street, SW., Washington, DC 20436, components thereof, and products
Any person desiring to submit a telephone (202) 205–2000. General containing the same that infringed
document to the Commission in information concerning the Commission claims 8 or 19 of the ’320 patent. Id. The
confidence must request confidential may also be obtained by accessing its Commission also issued cease and
treatment. All such requests should be Internet server (http://www.usitc.gov). desist orders against Eko Brands and
directed to the Secretary to the The public record for this investigation Evermuch prohibiting the sale and
Commission and must include a full may be viewed on the Commission’s distribution within the United States of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
statement of the reasons why the electronic docket (EDIS) at http:// articles that infringe claims 8 or 19. Id.
Commission should grant such edis.usitc.gov. Hearing-impaired On June 1, 2016, ARM filed a
treatment. See 19 CFR 201.6. Documents persons are advised that information on complaint requesting that the
for which confidential treatment by the this matter can be obtained by Commission institute a formal
Commission is properly sought will be contacting the Commission’s TDD enforcement proceeding under
terminal on (202) 205–1810. Commission Rule 210.75(b) to
4 Handbook for Electronic Filing Procedures: investigate alleged violations of the
http://www.usitc.gov/secretary/fed_reg_notices/ 5 Electronic Document Information System limited exclusion order and the cease
rules/handbook_on_electronic_filing.pdf. (EDIS): http://edis.usitc.gov. and desist order against Eko Brands by
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![Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices 43243
both Eko Brands and Espresso Supply, of infringement of U.S. Patent No. of the ’891 patent; claims 2, 5, and 6 of
Inc. (collectively, ‘‘Respondents’’). ARM 6,641,891 (‘‘the ’891 patent’’); U.S. the ’106 patent; claim 1 of the ’101
alleges that Espresso Supply, Inc., Patent No. 6,703,106 (‘‘the ’106 patent’’); patent; claims 1, 2, 4, 5, and 7–11 of the
should be subject to the enforcement U.S. Patent No. 6,703,101 (‘‘the ’101 ’612 patent; claim 1 of the ’434 patent;
proceeding because it purchased the patent’’); U.S. Patent No. 6,767,612 (‘‘the and claims 3 and 10 of the ’805 patent,
Eko Brands company in November of ’612 patent’’); U.S. Patent No. 8,236,434 and whether an industry in the United
2015. (‘‘the ’434 patent’’); and U.S. Patent No. States exists as required by subsection
Having examined the enforcement 7,355,805 (‘‘the ’805 patent’’). The (a)(2) of section 337;
complaint and the supporting complaint further alleges that an (2) Pursuant to Commission Rule
documents, the Commission has industry in the United States exists as 210.50(b)(1), 19 CFR 210.50(b)(1), the
determined to institute a formal required by subsection (a)(2) of section presiding administrative law judge shall
enforcement proceeding to determine 337. take evidence or other information and
whether Respondents are in violation of The complainants request that the hear arguments from the parties and
the March 17, 2016 limited exclusion Commission institute an investigation other interested persons with respect to
order and cease and desist order issued and, after the investigation, issue a the public interest in this investigation,
in the original investigation and what, if limited exclusion order and cease and as appropriate, and provide the
any, enforcement measures are desist orders. Commission with findings of fact and a
appropriate. The following entities are ADDRESSES: The complaint, except for recommended determination on this
named as parties to the formal any confidential information contained issue, which shall be limited to the
enforcement proceeding: (1) therein, is available for inspection statutory public interest factors set forth
Complainants Adrian Rivera and Adrian during official business hours (8:45 a.m. in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1).
Rivera Maynez Enterprises, Inc.; (2) to 5:15 p.m.) in the Office of the (3) For the purpose of the
respondents Eko Brands and Espresso Secretary, U.S. International Trade investigation so instituted, the following
Supply, Inc.; and (3) OUII. Commission, 500 E Street SW., Room are hereby named as parties upon which
The authority for the Commission’s 112, Washington, DC 20436, telephone this notice of investigation shall be
determination is contained in section (202) 205–2000. Hearing impaired served:
337 of the Tariff Act of 1930, as individuals are advised that information (a) The complainants are:
amended (19 U.S.C. 1337), and in on this matter can be obtained by FUJIFILM Corporation, 7–3 Akasaka 9-
section 210.75 of the Commission’s contacting the Commission’s TDD chome, Minato-ku, Tokyo 107–0052,
Rules of Practice and Procedure (19 CFR terminal on (202) 205–1810. Persons Japan
210.75). with mobility impairments who will FUJIFILM Recording Media U.S.A., Inc.,
By order of the Commission. need special assistance in gaining access 45 Crosby Dr., Bedford, MA 01730–
Issued: June 27, 2016. to the Commission should contact the 1401
Lisa R. Barton, Office of the Secretary at (202) 205– (b) The respondents are the following
Secretary to the Commission.
2000. General information concerning entities alleged to be in violation of
the Commission may also be obtained section 337, and are the parties upon
[FR Doc. 2016–15612 Filed 6–30–16; 8:45 am]
by accessing its internet server at http:// which the complaint is to be served:
BILLING CODE 7020–02–P
www.usitc.gov. The public record for
Sony Corporation, 1–7–1 Kōnan,
this investigation may be viewed on the
Minato-ku, Tokyo 108–0075, Japan
INTERNATIONAL TRADE Commission’s electronic docket (EDIS)
Sony Corporation of America, 550
COMMISSION at http://edis.usitc.gov.
Madison Avenue, New York, NY
FOR FURTHER INFORMATION CONTACT: The 10022
[Investigation No. 337–TA–1012] Office of Unfair Import Investigations, Sony Electronics Inc., 16535 Via
U.S. International Trade Commission, Esprillo Building 1, San Diego, CA
Certain Magnetic Data Storage Tapes
telephone (202) 205–2560. 92127
and Cartridges Containing the Same
Authority: The authority for
Institution of Investigation (c) The Office of Unfair Import
institution of this investigation is
AGENCY: U.S. International Trade contained in section 337 of the Tariff Investigations, U.S. International Trade
Commission. Act of 1930, as amended, and in section Commission, 500 E Street SW., Suite
210.10 of the Commission’s Rules of 401, Washington, DC 20436; and
ACTION: Notice.
Practice and Procedure, 19 CFR 210.10 (4) For the investigation so instituted,
SUMMARY: Notice is hereby given that a (2016). the Chief Administrative Law Judge,
complaint was filed with the U.S. Scope of Investigation: Having U.S. International Trade Commission,
International Trade Commission on May considered the complaint, the U.S. shall designate the presiding
27, 2016, under section 337 of the Tariff International Trade Commission, on Administrative Law Judge.
Act of 1930, as amended, 19 U.S.C. June 27, 2016, Ordered That— Responses to the complaint and the
1337, on behalf of FUJIFILM (1) Pursuant to subsection (b) of notice of investigation must be
Corporation of Tokyo, Japan and section 337 of the Tariff Act of 1930, as submitted by the named respondents in
FUJIFILM Recording Media U.S.A., Inc. amended, an investigation be instituted accordance with section 210.13 of the
of Bedford, Massachusetts. Supplements to determine whether there is a Commission’s Rules of Practice and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
to the complaint were filed on June 6, violation of subsection (a)(1)(B) of Procedure, 19 CFR 210.13. Pursuant to
8, and 10, 2016. The complaint alleges section 337 in the importation into the 19 CFR 201.16(e) and 210.13(a), such
violations of section 337 based upon the United States, the sale for importation, responses will be considered by the
importation into the United States, the or the sale within the United States after Commission if received not later than 20
sale for importation, and the sale within importation of certain magnetic data days after the date of service by the
the United States after importation of storage tapes and cartridges containing Commission of the complaint and the
certain magnetic data storage tapes and the same by reason of infringement of notice of investigation. Extensions of
cartridges containing the same by reason one or more of claims 1, 4–9, 11, and 14 time for submitting responses to the
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Document Created: 2016-07-14 11:37:48
Document Modified: 2016-07-14 11:37:48
| 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 | Robert J. Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205-3438. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. | |
| FR Citation | 81 FR 43242 |
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