81 FR 58530 - Certain Resealable Packages With Slider Devices; Commission Decision To Review-in-Part an Initial Determination Finding No Violation of Section 337; On Review, To Modify-in-Part the Initial Determination and To Take No Position on One Issue; Affirmance of the Finding of No Violation and Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 165 (August 25, 2016)

Page Range		58530-58531
FR Document		2016-20357

Notice is hereby given that the U.S. International Trade Commission has determined to review-in-part a final initial determination (``ID'') of the presiding administrative law judge (``ALJ'') finding no violation of section 337. On review, the Commission has determined to modify-in-part the ID and to take no position with respect to one issue. The Commission has also determined to affirm the ID's finding of no violation of section 337 and has terminated the investigation.

Federal Register, Volume 81 Issue 165 (Thursday, August 25, 2016)

[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Notices]
[Pages 58530-58531]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20357]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-962]


Certain Resealable Packages With Slider Devices; Commission 
Decision To Review-in-Part an Initial Determination Finding No 
Violation of Section 337; On Review, To Modify-in-Part the Initial 
Determination and To Take No Position on One Issue; Affirmance of the 
Finding of No Violation and Termination of the Investigation

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 determined to review-in-part a final initial 
determination (``ID'') of the presiding administrative law judge 
(``ALJ'') finding no violation of section 337. On review, the 
Commission has determined to modify-in-part the ID and to take no 
position with respect to one issue. The Commission has also determined 
to affirm the ID's finding of no violation of section 337 and has 
terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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 at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://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 this investigation 
on July 20, 2015, based on a complaint filed on behalf of Reynolds 
Presto Products Inc. of Appleton, Wisconsin. 80 FR 42839-40. The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 19 U.S.C. 1337, based upon the importation in the United 
States, the sale for importation, and the sale within the United States 
after importation of certain resealable packages with slider devices by 
reason of infringement of certain claims of U.S. Patent Reexamination 
Certificate No. 6,427,421 and U.S. Patent Nos. 6,524,002 and 7,311,443. 
The complaint further alleges the existence of a domestic industry. The 
Commission's notice of investigation named Inteplast Group, Ltd. of 
Livingston, New Jersey and Minigrip, LLC of Alpharetta, Georgia as 
respondents. The Office of Unfair Import Investigations is 
participating in this investigation.
    On March 14, 2016, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 8) granting 
complainant's motion for summary determination that it has satisfied 
the economic prong of the domestic industry requirement under 19 U.S.C. 
1337(a)(3)(A) and (B) for all asserted patents.
    On June 20, 2016, the ALJ issued his final ID finding no violation 
of section 337. The ALJ found that none of respondents' accused 
products infringe any of the asserted patents. He also found that the 
technical prong of the domestic industry requirement had been satisfied 
with respect to the '443 patent, but not with respect to the '421 or 
'002 patents. The ALJ also issued his recommended determination (RD) on 
remedy and bond. The ALJ recommended, in the event the Commission finds 
a violation, that both limited exclusion and cease and desist orders 
should issue against infringing products and each respondent.
    On July 6, 2016, complainant and respondents each filed a petition 
for review of the final ID. On July 14, 2016, complainant, OUII, and 
respondents each filed a response to the opposing petition.
    Having examined the record of this investigation including the ID, 
the parties' petitions for review, and the responses thereto, the 
Commission has determined to review-in-part the final ID. Specifically, 
the Commission has determined to review (1) the ID's finding of no 
invalidity of claim 1 of the '443 patent under 35 U.S.C. 102(b); and 
(2) the ID's analysis regarding infringement of the '421 patent. The 
Commission has determined not to review the remainder of the final ID.
    On review with respect to issue (1), the Commission determines to 
take no position on the ID's finding of no invalidity of claim 1 of the 
'443 patent under Sec.  102(b). On review with respect to issue (2), 
the Commission modifies-in-part the final ID. Specifically, the 
Commission supplements the ID's finding of no infringement under the 
doctrine of equivalents of asserted claim 39 of the '421 patent with 
respect to the ``feeding a zipper sheet'' limitation (ID at 45-49) with 
the following:

    Presto's doctrine of equivalents arguments are so broad that 
they read the limitation ``releasably adhered'' out of asserted 
claim 39. ``Under the all elements rule, there can be no 
infringement under the doctrine of equivalents if even one 
limitation of a claim or its equivalent is not present in the 
accused device. . . . Thus, if a court determines that a finding of 
infringement under the doctrine of equivalents `would entirely 
vitiate a particular claim[ed] element,' [as the case is here with 
respect to the ``releasably adhered'' limitation] then the court 
should rule that there is no infringement under the doctrine of 
equivalents.'' Lockheed Martin Corp. v. Space Systems/Loral, Inc., 
324 F.3d 1308, 1321 (Fed. Cir. 2003) (citations omitted).

    The Commission therefore affirms the ID's finding of no violation 
of section 337 and terminates the investigation.
    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 part 210 of the Commission's Rules of Practice and Procedure, 19 CFR 
part 210.

    By order of the Commission.


[[Page 58531]]


    Issued: August 19, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-20357 Filed 8-24-16; 8:45 am]
 BILLING CODE 7020-02-P

58530 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Notices

Mount Diablo Meridian, California section 337 and has terminated the satisfied with respect to the ’443 patent,
T. 5 N., R. 4 E., the dependent resurvey of investigation. but not with respect to the ’421 or ’002
a portion of the south boundary and the FOR FURTHER INFORMATION CONTACT: patents. The ALJ also issued his
metes-and-bounds survey of certain recommended determination (RD) on
parcels, accepted June 28, 2016.
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International remedy and bond. The ALJ
T. 20 N., R. 7 E., the dependent resurvey of recommended, in the event the
a portion of the subdivisional lines and Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) Commission finds a violation, that both
a portion of the Brown Bear Lode (U.S.
Mineral Survey No. 5690) and the 708–2310. Copies of non-confidential limited exclusion and cease and desist
subdivision of section 11, accepted July documents filed in connection with this orders should issue against infringing
22, 2016. investigation are or will be available for products and each respondent.
T. 6 N., R. 12 E., the dependent resurvey of inspection during official business On July 6, 2016, complainant and
a portion of the subdivisional lines and
hours (8:45 a.m. to 5:15 p.m.) in the respondents each filed a petition for
the subdivision of section 24, accepted review of the final ID. On July 14, 2016,
August 5, 2016. Office of the Secretary, U.S.
International Trade Commission, 500 E complainant, OUII, and respondents
T. 6 N., R. 13 E., the corrective resurvey of each filed a response to the opposing
a portion of the subdivisional lines and Street SW., Washington, DC 20436,
petition.
a portion of the subdivision of section telephone (202) 205–2000. General
Having examined the record of this
20, and the dependent resurvey of a information concerning the Commission investigation including the ID, the
portion of the subdivision of section 19, may also be obtained by accessing its
accepted August 8, 2016. parties’ petitions for review, and the
Internet server at https://www.usitc.gov. responses thereto, the Commission has
San Bernardino Meridian, California The public record for this investigation determined to review-in-part the final
T. 4 S., R. 4 E., a supplemental plat, showing may be viewed on the Commission’s ID. Specifically, the Commission has
a corrected distance on the north line of electronic docket (EDIS) at https:// determined to review (1) the ID’s
lot 3 and showing the bearing and edis.usitc.gov. Hearing-impaired finding of no invalidity of claim 1 of the
distance of the west line of lot 1 in the persons are advised that information on ’443 patent under 35 U.S.C. 102(b); and
NE 1/4 of the SE 1/4 of section 24, this matter can be obtained by
accepted July 25, 2016. (2) the ID’s analysis regarding
contacting the Commission’s TDD infringement of the ’421 patent. The
T. 2 N., R. 8 W., the metes-and-bounds terminal on (202) 205–1810.
survey of Tract 37, accepted August 1, Commission has determined not to
2016. SUPPLEMENTARY INFORMATION: The review the remainder of the final ID.
Commission instituted this investigation On review with respect to issue (1),
Authority: 43 U.S.C., Chapter 3.
on July 20, 2015, based on a complaint the Commission determines to take no
Dated: August 10, 2016. filed on behalf of Reynolds Presto position on the ID’s finding of no
Jon L. Kehler, Products Inc. of Appleton, Wisconsin. invalidity of claim 1 of the ’443 patent
(Acting) Chief Cadastral Surveyor, California. 80 FR 42839–40. The complaint alleges under § 102(b). On review with respect
[FR Doc. 2016–20388 Filed 8–24–16; 8:45 am] violations of section 337 of the Tariff to issue (2), the Commission modifies-
BILLING CODE 4310–40–P Act of 1930, as amended, 19 U.S.C. in-part the final ID. Specifically, the
1337, based upon the importation in the Commission supplements the ID’s
United States, the sale for importation, finding of no infringement under the
INTERNATIONAL TRADE and the sale within the United States doctrine of equivalents of asserted claim
COMMISSION after importation of certain resealable 39 of the ’421 patent with respect to the
packages with slider devices by reason ‘‘feeding a zipper sheet’’ limitation (ID
[Investigation No. 337–TA–962] of infringement of certain claims of U.S. at 45–49) with the following:
Patent Reexamination Certificate No. Presto’s doctrine of equivalents arguments
Certain Resealable Packages With 6,427,421 and U.S. Patent Nos. are so broad that they read the limitation
Slider Devices; Commission Decision 6,524,002 and 7,311,443. The complaint ‘‘releasably adhered’’ out of asserted claim
To Review-in-Part an Initial further alleges the existence of a 39. ‘‘Under the all elements rule, there can
Determination Finding No Violation of domestic industry. The Commission’s be no infringement under the doctrine of
Section 337; On Review, To Modify-in- notice of investigation named Inteplast equivalents if even one limitation of a claim
Part the Initial Determination and To Group, Ltd. of Livingston, New Jersey
or its equivalent is not present in the accused
Take No Position on One Issue; device. . . . Thus, if a court determines that
and Minigrip, LLC of Alpharetta, a finding of infringement under the doctrine
Affirmance of the Finding of No Georgia as respondents. The Office of
Violation and Termination of the of equivalents ‘would entirely vitiate a
Unfair Import Investigations is particular claim[ed] element,’ [as the case is
Investigation participating in this investigation. here with respect to the ‘‘releasably adhered’’
AGENCY: U.S. International Trade On March 14, 2016, the Commission limitation] then the court should rule that
Commission. issued notice of its determination not to there is no infringement under the doctrine
review the ALJ’s ID (Order No. 8) of equivalents.’’ Lockheed Martin Corp. v.
ACTION: Notice. Space Systems/Loral, Inc., 324 F.3d 1308,
granting complainant’s motion for 1321 (Fed. Cir. 2003) (citations omitted).
SUMMARY: Notice is hereby given that summary determination that it has
the U.S. International Trade satisfied the economic prong of the The Commission therefore affirms the
Commission has determined to review- domestic industry requirement under 19 ID’s finding of no violation of section
in-part a final initial determination U.S.C. 1337(a)(3)(A) and (B) for all 337 and terminates the investigation.
asabaliauskas on DSK3SPTVN1PROD with NOTICES

(‘‘ID’’) of the presiding administrative asserted patents. The authority for the Commission’s
law judge (‘‘ALJ’’) finding no violation On June 20, 2016, the ALJ issued his determination is contained in section
of section 337. On review, the final ID finding no violation of section 337 of the Tariff Act of 1930, as
Commission has determined to modify- 337. The ALJ found that none of amended, 19 U.S.C. 1337, and in part
in-part the ID and to take no position respondents’ accused products infringe 210 of the Commission’s Rules of
with respect to one issue. The any of the asserted patents. He also Practice and Procedure, 19 CFR part
Commission has also determined to found that the technical prong of the 210.
affirm the ID’s finding of no violation of domestic industry requirement had been By order of the Commission.

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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Notices 58531

Issued: August 19, 2016. the Commission determined that it served on all other parties to the review
Lisa R. Barton, would conduct an expedited review (as identified by either the public or BPI
Secretary to the Commission. pursuant to section 751(c)(3) of the service list), and a certificate of service
[FR Doc. 2016–20357 Filed 8–24–16; 8:45 am] Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). must be timely filed. The Secretary will
BILLING CODE 7020–02–P
For further information concerning not accept a document for filing without
the conduct of this review and rules of a certificate of service.
general application, consult the Authority: This review is being conducted
INTERNATIONAL TRADE Commission’s Rules of Practice and under authority of title VII of the Tariff Act
COMMISSION Procedure, part 201, subparts A and B of 1930; this notice is published pursuant to
(19 CFR part 201), and part 207, section 207.62 of the Commission’s rules.
[Investigation No. 731–TA–808 (Third subparts A, D, E, and F (19 CFR part
Review)] By order of the Commission.
207).
Staff report.—A staff report Issued: August 19, 2016.
Hot-Rolled Carbon Steel Flat Products Lisa R. Barton,
containing information concerning the
From Russia; Scheduling of an Secretary to the Commission.
subject matter of the review will be
Expedited Five-Year Review placed in the nonpublic record on [FR Doc. 2016–20334 Filed 8–24–16; 8:45 am]
AGENCY: United States International August 31, 2016, and made available to BILLING CODE 7020–02–P
Trade Commission. persons on the Administrative
ACTION: Notice. Protective Order service list for this
review. A public version will be issued INTERNATIONAL TRADE
SUMMARY: The Commission hereby gives thereafter, pursuant to section COMMISSION
notice of the scheduling of an expedited 207.62(d)(4) of the Commission’s rules.
review pursuant to the Tariff Act of Written submissions.—As provided in Miscellaneous Tariff Bill (MTB) Petition
1930 (‘‘the Act’’) to determine whether section 207.62(d) of the Commission’s System Submission of Petition and
revocation of the antidumping duty rules, interested parties that are parties Comment Forms for OMB Review
order on hot-rolled carbon steel flat to the review and that have provided AGENCY: United States International
products from Russia would be likely to individually adequate responses to the Trade Commission.
lead to continuation or recurrence of notice of institution,2 and any party
ACTION: Notice of submission of request
material injury within a reasonably other than an interested party to the
review may file written comments with for approval of a questionnaire to the
foreseeable time. Office of Management and Budget. This
DATES: Effective Date: August 5, 2016. the Secretary on what determination the
Commission should reach in the review. notice is being given pursuant to the
FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995 (44
Michael Szustakowski ((202) 205–3169), Comments are due on or before
September 6, 2016 and may not contain U.S.C. Chapter 35).
Office of Investigations, U.S.
International Trade Commission, 500 E new factual information. Any person Purpose of Information Collection:
Street SW., Washington, DC 20436. that is neither a party to the five-year The information requested by these
Hearing-impaired persons can obtain review nor an interested party may forms is for use by the Commission in
information on this matter by contacting submit a brief written statement (which connection with evaluating
the Commission’s TDD terminal on 202– shall not contain any new factual miscellaneous tariff petitions submitted
205–1810. Persons with mobility information) pertinent to the review by under the authority of American
impairments who will need special September 6, 2016. However, should the Manufacturing Competitiveness Act of
assistance in gaining access to the Department of Commerce extend the 2016 (Pub. L. 114–159 approved May
Commission should contact the Office time limit for its completion of the final 20, 2016). Section 3 of this Act
of the Secretary at 202–205–2000. results of its review, the deadline for establishes a process for the submission
General information concerning the comments (which may not contain new and consideration of petitions and
Commission may also be obtained by factual information) on Commerce’s public comments for duty suspensions
accessing its internet server (https:// final results is three business days after and reductions for imported goods in
www.usitc.gov). The public record for the issuance of Commerce’s results. If the Harmonized Tariff Schedule of the
this review may be viewed on the comments contain business proprietary United States. The collection periods
Commission’s electronic docket (EDIS) information (BPI), they must conform are 60-day periods starting October 15,
at https://edis.usitc.gov. with the requirements of sections 201.6, 2016 and October 15, 2019.
207.3, and 207.7 of the Commission’s Summary of Proposal:
SUPPLEMENTARY INFORMATION:
rules. The Commission’s rules with (1) Number of forms submitted: 2.
Background.—On August 5, 2016, the
respect to filing were revised effective (2) Title of forms: MTB Petition
Commission determined that the
July 25, 2014. See 79 FR 35920 (June 25, System: Information for Petitions Form
domestic interested party group
2014), and the revised Commission and MTB Petition System: Information
response to its notice of institution (81
Handbook on E-filing, available from the for Comments Form.
FR 26256, May 2, 2016) of the subject (3) Type of request: New.
Commission’s Web site at https://
five-year review was adequate and that (4) Frequency of use: Once.
edis.usitc.gov.
the respondent interested party group In accordance with sections 201.16(c) (5) Description of affected industry:
response was inadequate. The
asabaliauskas on DSK3SPTVN1PROD with NOTICES

and 207.3 of the rules, each document Domestic firms.
Commission did not find any other filed by a party to the review must be (6) Estimated number of petitioners
circumstances that would warrant and commenters: up to 5,000 petitions;
conducting a full review.1 Accordingly, 2 The Commission has found the responses 14,000 comments.
submitted by AK Steel Corporation, ArcelorMittal (7) Estimated total number of hours to
1 A record of the Commissioners’ votes, the USA LLC, Nucor Corporation, SSAB Enterprises complete the form: 8 hours for
Commission’s statement on adequacy, and any LLC, Steel Dynamics Inc., and United States Steel
individual Commissioner’s statements will be Corporation to be individually adequate. Comments
compiling information and submitting
available from the Office of the Secretary and at the from other interested parties will not be accepted petitions and 2 hours to draft and
Commission’s Web site. (see 19 CFR 207.62(d)(2)). submit comments.

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Document Created: 2016-08-25 00:35:00
Document Modified: 2016-08-25 00:35:00

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		Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2310. 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 at https:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://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 58530