81_FR_65595 81 FR 65411 - Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof; Institution of Investigation

81 FR 65411 - Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 184 (September 22, 2016)

Page Range65411-65411
FR Document2016-22865

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 17, 2016, under section 337 of the Tariff Act of 1930, as amended, on behalf of ResMed Corp. of San Diego, California; ResMed Inc. of San Diego, California; and ResMed Ltd. of Australia. 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 sleep-disordered breathing treatment mask systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,960,196 (``the '196 patent'') and U.S. Patent No. 9,119,931 (``the '931 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 184 (Thursday, September 22, 2016) 
[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Notices]
[Page 65411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22865]



[[Page 65411]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1022]


Certain Sleep-Disordered Breathing Treatment Mask Systems and 
Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 17, 2016, under section 
337 of the Tariff Act of 1930, as amended, on behalf of ResMed Corp. of 
San Diego, California; ResMed Inc. of San Diego, California; and ResMed 
Ltd. of Australia. 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 sleep-disordered breathing treatment mask systems and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 8,960,196 (``the '196 patent'') and U.S. Patent No. 
9,119,931 (``the '931 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 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 Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

    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 16, 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 sleep-
disordered breathing treatment mask systems and components thereof by 
reason of infringement of one or more of claims 23-86 of the '196 
patent and claims 1, 5-8, 11-14, 18-22, 25, 26, 28-31, 33-37, 40, 41, 
43, 46, 48, 49, 51, 53-55, 57, 58, 60-65, 69-71, 77, and 78 of the '931 
patent, and whether an industry in the United States exists as required 
by subsection (a)(2) of section 337;
    (2) 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:

ResMed Corp., 9001 Spectrum Center Drive, San Diego, CA 92123.
ResMed Inc., 9001 Spectrum Center Drive, San Diego, CA 92123.
ResMed Ltd., 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, 
Australia.

    (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:

Fisher & Paykel Healthcare Limited, 15 Maurice Paykel Place, East 
Tamaki, Auckland 2013, P.O. Box 14 348, Panmure, Auckland 1741, New 
Zealand.
Fisher & Paykel Healthcare, Inc., 173 Technology Drive, Suite 100, 
Irvine, CA 92618.
Fisher & Paykel Healthcare Distribution Inc., 173 Technology Drive, 
Suite 100, Irvine, CA 92618.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be a party to 
this investigation.
    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 19, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-22865 Filed 9-21-16; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Notices 65411 INTERNATIONAL TRADE Authority: The authority for institution of submitted by the named respondents in COMMISSION this investigation is contained in section 337 accordance with section 210.13 of the of the Tariff Act of 1930, as amended, and Commission’s Rules of Practice and [Investigation No. 337–TA–1022] in section 210.10 of the Commission’s Rules Procedure, 19 CFR 210.13. Pursuant to of Practice and Procedure, 19 CFR 210.10 Certain Sleep-Disordered Breathing (2016). 19 CFR 201.16(e) and 210.13(a), such Treatment Mask Systems and responses will be considered by the Components Thereof; Institution of Scope of Investigation: Having Commission if received not later than 20 Investigation considered the complaint, the U.S. days after the date of service by the International Trade Commission, on Commission of the complaint and the AGENCY: U.S. International Trade September 16, 2016, ordered that— notice of investigation. Extensions of Commission. (1) Pursuant to subsection (b) of time for submitting responses to the ACTION: Notice. section 337 of the Tariff Act of 1930, as complaint and the notice of amended, an investigation be instituted investigation will not be granted unless SUMMARY: Notice is hereby given that a to determine whether there is a good cause therefor is shown. complaint was filed with the U.S. Failure of a respondent to file a timely International Trade Commission on violation of subsection (a)(1)(B) of section 337 in the importation into the response to each allegation in the August 17, 2016, under section 337 of complaint and in this notice may be the Tariff Act of 1930, as amended, on United States, the sale for importation, or the sale within the United States after deemed to constitute a waiver of the behalf of ResMed Corp. of San Diego, importation of certain sleep-disordered right to appear and contest the California; ResMed Inc. of San Diego, breathing treatment mask systems and allegations of the complaint and this California; and ResMed Ltd. of components thereof by reason of notice, and to authorize the Australia. The complaint alleges infringement of one or more of claims administrative law judge and the violations of section 337 based upon the 23–86 of the ’196 patent and claims 1, Commission, without further notice to importation into the United States, the 5–8, 11–14, 18–22, 25, 26, 28–31, 33–37, the respondent, to find the facts to be as sale for importation, and the sale within 40, 41, 43, 46, 48, 49, 51, 53–55, 57, 58, alleged in the complaint and this notice the United States after importation of 60–65, 69–71, 77, and 78 of the ’931 and to enter an initial determination certain sleep-disordered breathing treatment mask systems and patent, and whether an industry in the and a final determination containing components thereof by reason of United States exists as required by such findings, and may result in the infringement of certain claims of U.S. subsection (a)(2) of section 337; issuance of an exclusion order or a cease Patent No. 8,960,196 (‘‘the ’196 patent’’) (2) For the purpose of the and desist order or both directed against and U.S. Patent No. 9,119,931 (‘‘the ’931 investigation so instituted, the following the respondent. patent’’). The complaint further alleges are hereby named as parties upon which By order of the Commission. that an industry in the United States this notice of investigation shall be Issued: September 19, 2016. exists as required by subsection (a)(2) of served: Lisa R. Barton, section 337. (a) The complainants are: Secretary to the Commission. The complainants request that the ResMed Corp., 9001 Spectrum Center [FR Doc. 2016–22865 Filed 9–21–16; 8:45 am] Commission institute an investigation Drive, San Diego, CA 92123. BILLING CODE 7020–02–P and, after the investigation, issue a ResMed Inc., 9001 Spectrum Center limited exclusion order and cease and Drive, San Diego, CA 92123. desist orders. ResMed Ltd., 1 Elizabeth Macarthur NATIONAL AERONAUTICS AND ADDRESSES: The complaint, except for Drive, Bella Vista NSW 2153, SPACE ADMINISTRATION any confidential information contained Australia. therein, is available for inspection Notice of Information Collection (b) The respondents are the following during official business hours (8:45 a.m. entities alleged to be in violation of AGENCY: National Aeronautics and to 5:15 p.m.) in the Office of the section 337, and are the parties upon Space Administration (NASA); Notice: Secretary, U.S. International Trade which the complaint is to be served: (16–067). Commission, 500 E Street SW., Room 112, Washington, DC 20436, telephone Fisher & Paykel Healthcare Limited, 15 ACTION: Notice of information collection. (202) 205–2000. Hearing impaired Maurice Paykel Place, East Tamaki, individuals are advised that information Auckland 2013, P.O. Box 14 348, SUMMARY: The National Aeronautics and on this matter can be obtained by Panmure, Auckland 1741, New Space Administration, as part of its contacting the Commission’s TDD Zealand. continuing effort to reduce paperwork terminal on (202) 205–1810. Persons Fisher & Paykel Healthcare, Inc., 173 and respondent burden, invites the with mobility impairments who will Technology Drive, Suite 100, Irvine, general public and other Federal need special assistance in gaining access CA 92618. agencies to take this opportunity to to the Commission should contact the Fisher & Paykel Healthcare Distribution comment on proposed and/or Office of the Secretary at (202) 205– Inc., 173 Technology Drive, Suite 100, continuing information collections, as 2000. General information concerning Irvine, CA 92618. required by the Paperwork Reduction the Commission may also be obtained (3) For the investigation so instituted, Act of 1995 (Pub. L. 104–13, 44 U.S.C. by accessing its internet server at the Chief Administrative Law Judge, 3506(c)(2)(A)). asabaliauskas on DSK3SPTVN1PROD with NOTICES https://www.usitc.gov. The public U.S. International Trade Commission, DATES: All comments should be record for this investigation may be shall designate the presiding submitted within 30 calendar days from viewed on the Commission’s electronic Administrative Law Judge. the date of this publication. docket (EDIS) at https://edis.usitc.gov. The Office of Unfair Import ADDRESSES: Interested persons are FOR FURTHER INFORMATION CONTACT: The Investigations will not be a party to this invited to submit written comments Office of Docket Services, U.S. investigation. regarding the proposed information International Trade Commission, Responses to the complaint and the collection to the Office of Information telephone (202) 205–1802. notice of investigation must be and Regulatory Affairs, Office of VerDate Sep<11>2014 18:58 Sep 21, 2016 Jkt 238001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\22SEN1.SGM 22SEN1


Document Created: 2016-09-22 01:04:03
Document Modified: 2016-09-22 01:04:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactThe Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation81 FR 65411 
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