81 FR 43243 - Certain Magnetic Data Storage Tapes and Cartridges Containing the Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range		43243-43244
FR Document		2016-15627

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 27, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of FUJIFILM Corporation of Tokyo, Japan and FUJIFILM Recording Media U.S.A., Inc. of Bedford, Massachusetts. Supplements to the complaint were filed on June 6, 8, and 10, 2016. The complaint 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 magnetic data storage tapes and cartridges containing the same by reason of infringement of U.S. Patent No. 6,641,891 (``the '891 patent''); U.S. Patent No. 6,703,106 (``the '106 patent''); U.S. Patent No. 6,703,101 (``the '101 patent''); U.S. Patent No. 6,767,612 (``the '612 patent''); U.S. Patent No. 8,236,434 (``the '434 patent''); and U.S. Patent No. 7,355,805 (``the '805 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43243-43244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15627]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1012]


Certain Magnetic Data Storage Tapes and Cartridges Containing the 
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 May 27, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
FUJIFILM Corporation of Tokyo, Japan and FUJIFILM Recording Media 
U.S.A., Inc. of Bedford, Massachusetts. Supplements to the complaint 
were filed on June 6, 8, and 10, 2016. The complaint 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 magnetic data storage tapes and cartridges 
containing the same by reason of infringement of U.S. Patent No. 
6,641,891 (``the '891 patent''); U.S. Patent No. 6,703,106 (``the '106 
patent''); U.S. Patent No. 6,703,101 (``the '101 patent''); U.S. Patent 
No. 6,767,612 (``the '612 patent''); U.S. Patent No. 8,236,434 (``the 
'434 patent''); and U.S. Patent No. 7,355,805 (``the '805 patent''). 
The complaint further alleges that an industry in the United States 
exists as required by subsection (a)(2) of section 337.
    The complainants request 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 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, the U.S. 
International Trade Commission, on June 27, 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 magnetic 
data storage tapes and cartridges containing the same by reason of 
infringement of one or more of claims 1, 4-9, 11, and 14 of the '891 
patent; claims 2, 5, and 6 of the '106 patent; claim 1 of the '101 
patent; claims 1, 2, 4, 5, and 7-11 of the '612 patent; claim 1 of the 
'434 patent; and claims 3 and 10 of the '805 patent, and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1).
    (3) 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:

FUJIFILM Corporation, 7-3 Akasaka 9-chome, Minato-ku, Tokyo 107-0052, 
Japan
FUJIFILM Recording Media U.S.A., Inc., 45 Crosby Dr., Bedford, MA 
01730-1401

    (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:

Sony Corporation, 1-7-1 K[omacr]nan, Minato-ku, Tokyo 108-0075, Japan
Sony Corporation of America, 550 Madison Avenue, New York, NY 10022
Sony Electronics Inc., 16535 Via Esprillo Building 1, San Diego, CA 
92127

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and

    (4) 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 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

[[Page 43244]]

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: June 27, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15627 Filed 6-30-16; 8:45 am]
 BILLING CODE 7020-02-P

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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43244 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

complaint and the notice of The complainant request that the (2) For the purpose of the
investigation will not be granted unless Commission institute an investigation investigation so instituted, the following
good cause therefor is shown. and, after the investigation, issue a are hereby named as parties upon which
Failure of a respondent to file a timely general exclusion order, or in the this notice of investigation shall be
response to each allegation in the alternative a limited exclusion order, served:
complaint and in this notice may be and cease and desist orders. (a) The complainant is: HP Inc., 1501
deemed to constitute a waiver of the ADDRESSES: The complaint, except for Page Mill Road, Palo Alto, California
right to appear and contest the any confidential information contained 94304–1185.
allegations of the complaint and this therein, is available for inspection (b) The respondents are the following
notice, and to authorize the during official business hours (8:45 a.m. entities alleged to be in violation of
administrative law judge and the to 5:15 p.m.) in the Office of the section 337, and are the parties upon
Commission, without further notice to Secretary, U.S. International Trade which the complaint is to be served:
the respondent, to find the facts to be as Commission, 500 E Street SW., Room Memjet, Ltd., 61/62 Fitzwilliam Lane,
alleged in the complaint and this notice 112, Washington, DC 20436, telephone Dublin 2, Ireland
and to enter an initial determination (202) 205–2000. Hearing impaired Memjet US Services, Inc., 10918
and a final determination containing individuals are advised that information Technology Place, San Diego,
such findings, and may result in the on this matter can be obtained by California 92127
issuance of an exclusion order or a cease contacting the Commission’s TDD Memjet Home and Office, Inc., 923
and desist order or both directed against terminal on (202) 205–1810. Persons South Bridgeway Place, Suite 220,
the respondent. with mobility impairments who will Eagle, Idaho 83616
By order of the Commission. need special assistance in gaining access Memjet North Ryde Pty Ltd., 6–8 Lyon
Issued: June 27, 2016. to the Commission should contact the Park Road, North Ryde, New South
Lisa R. Barton, Office of the Secretary at (202) 205– Wales, 2113, Australia
Secretary to the Commission. 2000. General information concerning Memjet Technology Ltd., 61/62
the Commission may also be obtained Fitzwilliam Lane, Dublin 2, Ireland
[FR Doc. 2016–15627 Filed 6–30–16; 8:45 am]
by accessing its internet server at http:// Memjet Holdings Ltd., 61/62
BILLING CODE 7020–02–P
www.usitc.gov. The public record for Fitzwilliam Lane, Dublin 2, Ireland
this investigation may be viewed on the Afinia LLC (d/b/a Afinia Label), 8150
INTERNATIONAL TRADE Commission’s electronic docket (EDIS) Mallory Court, Chanhassen,
COMMISSION at http://edis.usitc.gov. Minnesota 55317
Astro Machine Corporation, 630 Lively
FOR FURTHER INFORMATION CONTACT: The
Boulevard, Elk Grove Village, Illinois
[Investigation No. 337–TA–1011] Office of Unfair Import Investigations,
60007
U.S. International Trade Commission,
Colordyne Technologies, LLC, 3275
Certain Inkjet Printers, Printheads, and telephone (202) 205–2560.
Intertech Drive, Suite 100, Brookfield,
Ink Cartridges, Components Thereof, Authority: The authority for institution of Wisconsin 53045
and Products Containing Same; this investigation is contained in section 337 Formax Technologies, Inc., 1 Education
Institution of Investigation of the Tariff Act of 1930, as amended, and Way, Dover, New Hampshire 03820
in section 210.10 of the Commission’s Rules
AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10
Neopost USA, Inc., (d/b/a Neopost
Commission. (2016). Northwest, Neopost Northeast,
ACTION: Notice. Neopost Priority Systems, and/or
Scope of Investigation: Having Neopost Southeast), 478 Wheelers
SUMMARY: Notice is hereby given that a considered the complaint, the U.S. Farms Road, Milford, Connecticut
complaint was filed with the U.S. International Trade Commission, on 06461
International Trade Commission on May June 27, 2016, ordered that— Printware LLC, 2935 Waters Road, Suite
27, 2016, under section 337 of the Tariff (1) Pursuant to subsection (b) of 160, Eagan, Minnesota 55121
Act of 1930, as amended, 19 U.S.C. section 337 of the Tariff Act of 1930, as VIPColor Technologies USA, Inc., 6737
1337, on behalf of HP Inc. of Palo Alto, amended, an investigation be instituted Mowry Avenue, Newark, California
California. The complaint alleges to determine whether there is a 94560
violations of section 337 based upon the violation of subsection (a)(1)(B) of ABC Office (d/b/a Brent Barlow), 1142
importation into the United States, the section 337 in the importation into the West Flint Meadow Drive, Kaysville,
sale for importation, and the sale within United States, the sale for importation, Utah 84037
the United States after importation of or the sale within the United States after All for Mailers, Inc., 4 Roland Avenue,
certain inkjet printers, printheads, and importation of certain inkjet printers, Feasterville, Pennsylvania 19053
ink cartridges, components thereof, and printheads, and ink cartridges, Fernqvist Labeling Solutions, Inc., 2544
products containing same by reason of components thereof, and products Leghorn Street, Mountain View,
infringement of certain claims of U.S. containing same by reason of California 94043
Patent No. 6,270,201 (‘‘the ’201 Patent’’); infringement of one or more of claims Information Management Services LLC,
U.S. Patent No. 6,491,377 (‘‘the ’377 1–3, 6, 13–15, 17, 23–25, 28–30, 35, and (d/b/a MyBinding.com), 5500 N.E.
Patent’’); U.S. Patent No. 6,260,952 (‘‘the 37 of the ’201 patent; claims 22–24 of Moore Court, Hillsboro, Oregon 97124
asabaliauskas on DSK3SPTVN1PROD with NOTICES

’952 Patent’’); U.S. Patent No. 7,004,564 the ’377 patent; claims 1–3, 5–8, 10, 13, JMP Business Systems, Inc., 1450
(‘‘the ’564 Patent’’); U.S. Patent No. 14, and 16 of the ’952 patent; claims 1– Tollhouse Road, No. 103, Clovis,
7,090,343 (‘‘the ’343 Patent’’); and U.S. 24 of the ’564 patent; claims 1–22 of the California 93611
Patent No. 7,744,202 (‘‘the ’202 Patent’’). ’343 patent; and claims 1–6, 9–12, 16, Mono Machines LLC, 1133 Broadway
The complaint further alleges that an 18, 21, 23, and 26–30 of the ’202 patent, Suite 706, New York, New York
industry in the United States exists as and whether an industry in the United 10010
required by subsection (a)(2) of section States exists as required by subsection Ordway Corporation, (d/b/a Print &
337. (a)(2) of section 337; Finishing Solutions), 1632 Sierra

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Document Created: 2016-07-14 11:37:58
Document Modified: 2016-07-14 11:37:58

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 43243