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)

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.

[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]


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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.

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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