81 FR 64196 - Certain Industrial Control System Software, Systems Using Same and Components Thereof; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 181 (September 19, 2016)
Federal Register Volume 81, Issue 181 (September 19, 2016)
| Page Range | 64196-64197 | |
| FR Document | 2016-22430 |
[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)] [Notices] [Pages 64196-64197] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22430] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1020] Certain Industrial Control System Software, Systems Using Same and Components Thereof; 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 August 5, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 [[Page 64197]] U.S.C. 1337, on behalf of Rockwell Automation, Inc. of Milwaukee, Wisconsin. A letter supplementing the complaint was filed on August 12, 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 industrial control system software, systems using same and components thereof by reason of infringement of U.S. Patent No. 6,675,226 (``the '226 patent''); U.S. Patent No. 6,816,817 (``the '817 patent''); U.S. Patent No. 6,819,960 (``the '960 patent''); U.S. Patent No. 6,978,225 (``the '225 patent''); U.S. Patent No. 7,130,704 (``the '704 patent''); U.S. Patent No. 7,650,196 (``the '196 patent''); U.S. Patent No. 7,693,585 (``the '585 patent''); and U.S. Patent No. 8,799,800 (``the '800 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests 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 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. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560. SUPPLEMENTARY INFORMATION: 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 September 13, 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 industrial control system software, systems using the same, and components thereof by reason of infringement of one or more of claims 1, 9, and 10 of the '226 patent; claims 21, 25-27, and 30-35 of the '817 patent; claims 1- 5, 7, 10, and 23-26 of the '960 patent; claims 1 and 3-6 the '225 patent; claims 1-3, 9, 13-16, 20 and 21 of the '704 patent; claims 1-6, 8-10, 12, 13, 15, and 16 of the '196 patent; claims 1, 2, 4, 5, 7, 15, 17-19, 21, and 25 of the '585 patent; claims 1, 3-5, and 7-15 of the '800 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 or 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 complainant is: Rockwell Automation, Inc., 1201 South 2nd Street, Milwaukee, WI 53204-2410. (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: 3S-smart Software Solutions, GmbH, Memminger Str. 151, 87439 Kempten, Germany; Advantech Corporation, 380 Fairview Way, Milpitas, CA 95035; Advantech Co., Ltd., No. 1, Alley 20, Lane 26, Rueiguang Road, Neihu District, Taipei City, Taiwan. (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 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: September 13, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-22430 Filed 9-16-16; 8:45 am] BILLING CODE 7020-02-P
![64196 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices
accessed on the Commission’s economy, the production of like or for which confidential treatment by the
Electronic Document Information directly competitive articles in the Commission is properly sought will be
System (EDIS) at https://edis.usitc.gov, United States, or United States treated accordingly. All such requests
and will be available for inspection consumers. should be directed to the Secretary to
during official business hours (8:45 a.m. In particular, the Commission is the Commission and must include a full
to 5:15 p.m.) in the Office of the interested in comments that: statement of the reasons why the
Secretary, U.S. International Trade (i) Explain how the articles Commission should grant such
Commission, 500 E Street SW., potentially subject to the requested treatment. See 19 CFR 201.6. Documents
Washington, DC 20436, telephone (202) remedial orders are used in the United for which confidential treatment by the
205–2000. States; Commission is properly sought will be
General information concerning the (ii) identify any public health, safety, treated accordingly. All information,
Commission may also be obtained by or welfare concerns in the United States including confidential business
accessing its Internet server at United relating to the requested remedial information and documents for which
States International Trade Commission orders; confidential treatment is properly
(USITC) at https://www.usitc.gov . The (iii) identify like or directly sought, submitted to the Commission for
public record for this investigation may competitive articles that complainant, purposes of this Investigation may be
be viewed on the Commission’s its licensees, or third parties make in the disclosed to and used: (i) By the
Electronic Document Information United States which could replace the Commission, its employees and Offices,
System (EDIS) at https://edis.usitc.gov. subject articles if they were to be and contract personnel (a) for
Hearing-impaired persons are advised excluded; developing or maintaining the records
that information on this matter can be (iv) indicate whether complainant, of this or a related proceeding, or (b) in
obtained by contacting the complainant’s licensees, and/or third internal investigations, audits, reviews,
Commission’s TDD terminal on (202) party suppliers have the capacity to and evaluations relating to the
205–1810. replace the volume of articles programs, personnel, and operations of
SUPPLEMENTARY INFORMATION: The
potentially subject to the requested the Commission including under 5
Commission has received a complaint exclusion order and/or a cease and U.S.C. Appendix 3; or (ii) by U.S.
and a submission pursuant to § 210.8(b) desist order within a commercially government employees and contract
of the Commission’s Rules of Practice reasonable time; and personnel,2 solely for cybersecurity
and Procedure filed on behalf of R2 (v) explain how the requested purposes. All nonconfidential written
Semiconductor, Inc. on September 12, remedial orders would impact United submissions will be available for public
2016. The complaint alleges violations States consumers. inspection at the Office of the Secretary
Written submissions must be filed no and on EDIS.3
of section 337 of the Tariff Act of 1930
later than by close of business, eight This action is taken under the
(19 U.S.C. 1337) in the importation into
calendar days after the date of authority of section 337 of the Tariff Act
the United States, the sale for
publication of this notice in the Federal of 1930, as amended (19 U.S.C. 1337),
importation, and the sale within the
Register. There will be further and of §§ 201.10 and 210.8(c) of the
United States after importation of
opportunities for comment on the Commission’s Rules of Practice and
certain integrated circuits with voltage
public interest after the issuance of any Procedure (19 CFR 201.10, 210.8(c)).
regulators and products containing
final initial determination in this By order of the Commission.
same. The complaint names as
investigation. Issued: September 13, 2016.
respondents Intel Corporation of Santa
Persons filing written submissions
Clara, CA; Intel Ireland Ltd. of Ireland; Lisa R. Barton,
must file the original document
Intel Products Vietnam Co., Ltd. of Secretary to the Commission.
electronically on or before the deadlines
Vietnam; Intel Israel 74 Ltd. of Israel; [FR Doc. 2016–22384 Filed 9–16–16; 8:45 am]
stated above and submit 8 true paper
Intel Malaysia Sdn. Berhad of Malaysia;
copies to the Office of the Secretary by BILLING CODE 7020–02–P
Intel China, Ltd. of China; Dell, Inc. of
noon the next day pursuant to § 210.4(f)
Round Rock, TX; Dell Technologies Inc.
of the Commission’s Rules of Practice
of Round Rock, TX; HP Inc. of Palo Alto, INTERNATIONAL TRADE
and Procedure (19 CFR 210.4(f)).
CA; and Hewlett Packard Enterprise Co. COMMISSION
Submissions should refer to the docket
of Palo Alto, CA. The complainant
number (‘‘Docket No. 3174’’) in a [Investigation No. 337–TA–1020]
requests that the Commission issue a
prominent place on the cover page and/
limited exclusion order, cease and Certain Industrial Control System
or the first page. (See Handbook for
desist orders and impose a bond upon Software, Systems Using Same and
Electronic Filing Procedures, Electronic
respondents’ alleged infringing articles Components Thereof; Institution of
Filing Procedures 1). Persons with
during the 60-day Presidential review Investigation
questions regarding filing should
period pursuant to 19 U.S.C. 1337(j).
contact the Secretary (202–205–2000). AGENCY: U.S. International Trade
Proposed respondents, other
Any person desiring to submit a Commission.
interested parties, and members of the
document to the Commission in
public are invited to file comments, not ACTION: Notice.
confidence must request confidential
to exceed five (5) pages in length,
treatment. All such requests should be SUMMARY: Notice is hereby given that a
inclusive of attachments, on any public
directed to the Secretary to the complaint was filed with the U.S.
interest issues raised by the complaint
mstockstill on DSK3G9T082PROD with NOTICES
Commission and must include a full International Trade Commission on
or § 210.8(b) filing. Comments should
statement of the reasons why the August 5, 2016, under section 337 of the
address whether issuance of the relief
Commission should grant such Tariff Act of 1930, as amended, 19
specifically requested by the
treatment. See 19 CFR 201.6. Documents
complainant in this investigation would 2 All contract personnel will sign appropriate
affect the public health and welfare in 1 Handbook for Electronic Filing Procedures: nondisclosure agreements.
the United States, competitive https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System
conditions in the United States filing_procedures.pdf. (EDIS): https://edis.usitc.gov.
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![Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices 64197
U.S.C. 1337, on behalf of Rockwell Scope of Investigation: Having Responses to the complaint and the
Automation, Inc. of Milwaukee, considered the complaint, the U.S. notice of investigation must be
Wisconsin. A letter supplementing the International Trade Commission, on submitted by the named respondents in
complaint was filed on August 12, 2016. September 13, 2016, ORDERED THAT— accordance with section 210.13 of the
The complaint alleges violations of (1) Pursuant to subsection (b) of Commission’s Rules of Practice and
section 337 based upon the importation section 337 of the Tariff Act of 1930, as Procedure, 19 CFR 210.13. Pursuant to
into the United States, the sale for amended, an investigation be instituted 19 CFR 201.16(e) and 210.13(a), such
importation, and the sale within the to determine whether there is a responses will be considered by the
United States after importation of violation of subsection (a)(1)(B) of Commission if received not later than 20
certain industrial control system section 337 in the importation into the days after the date of service by the
software, systems using same and United States, the sale for importation, Commission of the complaint and the
components thereof by reason of or the sale within the United States after notice of investigation. Extensions of
infringement of U.S. Patent No. importation of certain industrial control time for submitting responses to the
6,675,226 (‘‘the ’226 patent’’); U.S. system software, systems using the complaint and the notice of
Patent No. 6,816,817 (‘‘the ’817 patent’’); same, and components thereof by reason investigation will not be granted unless
U.S. Patent No. 6,819,960 (‘‘the ’960 of infringement of one or more of claims good cause therefor is shown.
patent’’); U.S. Patent No. 6,978,225 (‘‘the 1, 9, and 10 of the ’226 patent; claims Failure of a respondent to file a timely
’225 patent’’); U.S. Patent No. 7,130,704 21, 25–27, and 30–35 of the ’817 patent; response to each allegation in the
(‘‘the ’704 patent’’); U.S. Patent No. claims 1–5, 7, 10, and 23–26 of the ’960 complaint and in this notice may be
7,650,196 (‘‘the ’196 patent’’); U.S. patent; claims 1 and 3–6 the ’225 patent; deemed to constitute a waiver of the
Patent No. 7,693,585 (‘‘the ’585 patent’’); claims 1–3, 9, 13–16, 20 and 21 of the right to appear and contest the
and U.S. Patent No. 8,799,800 (‘‘the ’800 ’704 patent; claims 1–6, 8–10, 12, 13, 15, allegations of the complaint and this
patent’’). The complaint further alleges and 16 of the ’196 patent; claims 1, 2, notice, and to authorize the
that an industry in the United States 4, 5, 7, 15, 17–19, 21, and 25 of the ’585 administrative law judge and the
exists as required by subsection (a)(2) of patent; claims 1, 3–5, and 7–15 of the Commission, without further notice to
section 337. ’800 patent, and whether an industry in the respondent, to find the facts to be as
the United States exists as required by alleged in the complaint and this notice
The complainant requests that the
subsection (a)(2) of section 337; and to enter an initial determination
Commission institute an investigation
(2) Pursuant to Commission Rule and a final determination containing
and, after the investigation, issue a
210.50(b)(1), 19 CFR 210.50(b)(1), the such findings, and may result in the
limited exclusion order and cease and
presiding administrative law judge shall issuance of an exclusion order or a cease
desist orders.
take evidence or other information and and desist order or both directed against
ADDRESSES: The complaint, except for hear arguments from the parties or other the respondent.
any confidential information contained interested persons with respect to the By order of the Commission.
therein, is available for inspection public interest in this investigation, as Issued: September 13, 2016.
during official business hours (8:45 a.m. appropriate, and provide the
to 5:15 p.m.) in the Office of the Lisa R. Barton,
Commission with findings of fact and a
Secretary, U.S. International Trade Secretary to the Commission.
recommended determination on this
Commission, 500 E Street SW., Room [FR Doc. 2016–22430 Filed 9–16–16; 8:45 am]
issue, which shall be limited to the
112, Washington, DC 20436, telephone statutory public interest factors set forth BILLING CODE 7020–02–P
(202) 205–2000. Hearing impaired in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
individuals are advised that information (3) For the purpose of the
on this matter can be obtained by investigation so instituted, the following INTERNATIONAL TRADE
contacting the Commission’s TDD are hereby named as parties upon which COMMISSION
terminal on (202) 205–1810. Persons this notice of investigation shall be Notice of Receipt of Complaint;
with mobility impairments who will served: Solicitation of Comments Relating to
need special assistance in gaining access (a) The complainant is: Rockwell the Public Interest
to the Commission should contact the Automation, Inc., 1201 South 2nd
Office of the Secretary at (202) 205– Street, Milwaukee, WI 53204–2410. AGENCY: U.S. International Trade
2000. General information concerning (b) The respondents are the following Commission.
the Commission may also be obtained entities alleged to be in violation of ACTION: Notice.
by accessing its Internet server at section 337, and are the parties upon
https://www.usitc.gov. The public which the complaint is to be served: 3S- SUMMARY: Notice is hereby given that
record for this investigation may be smart Software Solutions, GmbH, the U.S. International Trade
viewed on the Commission’s electronic Memminger Str. 151, 87439 Kempten, Commission has received a complaint
docket (EDIS) at https://edis.usitc.gov. Germany; Advantech Corporation, 380 entitled Certain Silicon-on-Insulator
Fairview Way, Milpitas, CA 95035; Wafers, DN 3153; the Commission is
FOR FURTHER INFORMATION CONTACT: The soliciting comments on any public
Office of Unfair Import Investigations, Advantech Co., Ltd., No. 1, Alley 20,
Lane 26, Rueiguang Road, Neihu interest issues raised by the complaint
U.S. International Trade Commission, or complainant’s filing under § 210.8(b)
telephone (202) 205–2560. District, Taipei City, Taiwan.
(c) The Office of Unfair Import of the Commission’s Rules of Practice
SUPPLEMENTARY INFORMATION: Investigations, U.S. International Trade and Procedure (19 CFR 210.8(b)).
mstockstill on DSK3G9T082PROD with NOTICES
Authority: The authority for Commission, 500 E Street SW., Suite FOR FURTHER INFORMATION CONTACT: Lisa
institution of this investigation is 401, Washington, DC 20436; and R. Barton, Secretary to the Commission,
contained in section 337 of the Tariff (4) For the investigation so instituted, U.S. International Trade Commission,
Act of 1930, as amended, and in section the Chief Administrative Law Judge, 500 E Street SW., Washington, DC
210.10 of the Commission’s Rules of U.S. International Trade Commission, 20436, telephone (202) 205–2000. The
Practice and Procedure, 19 CFR 210.10 shall designate the presiding public version of the complaint can be
(2016). Administrative Law Judge. accessed on the Commission’s
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Document Created: 2016-09-17 02:30:02
Document Modified: 2016-09-17 02:30:02
| 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 64196 |
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