81 FR 66998 - Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same Rescission of Cease and Desist Orders; Termination of an Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range		66998-66999
FR Document		2016-23454

Notice is hereby given that the U.S. International Trade Commission has determined to rescind the cease and desist orders issued in this investigation and to terminate the investigation with a finding of no violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``Section 337'').

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)

[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 66998-66999]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23454]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-833]


Certain Digital Models, Digital Data, and Treatment Plans for Use 
in Making Incremental Dental Positioning Adjustment Appliances, the 
Appliances Made Therefrom, and Methods of Making the Same Rescission of 
Cease and Desist Orders; Termination of an Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to rescind the cease and desist orders issued 
in this investigation and to terminate the investigation with a finding 
of no violation of Section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 (``Section 337'').

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. 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 (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: This investigation was instituted on April 
5, 2012, based upon a complaint filed on behalf of Align Technology, 
Inc., of San Jose, California (``Align''), on March 1, 2012, as 
corrected on March 22, 2012. 77 FR 20648 (April 5, 2012). The complaint 
alleged violations of Section 337 in the sale for importation, 
importation, or sale within the United States after importation of 
certain digital models, digital data, and treatment plans for use in 
making incremental dental positioning adjustment appliances, the 
appliances made therefrom, and methods of making the same by reason of 
infringement of certain claims of U.S. Patent No. 6,217,325 (``the '325 
patent''); U.S. Patent No. 6,471,511 (``the '511 patent''); U.S. Patent 
No. 6,626,666 (``the '666 patent''); U.S. Patent No. 6,705,863 (``the 
'863 patent''); U.S. Patent No. 6,722,880 (``the '880 patent''); U.S. 
Patent No. 7,134,874 (``the '874 patent''); and U.S. Patent No. 
8,070,487 (the '487 patent''). The notice of institution named as 
respondents ClearCorrect Pakistan (Private), Ltd. of Lahore, Pakistan 
(``CCPK'') and ClearCorrect Operating, LLC of Houston, Texas (``CCUS'') 
(collectively, ``the Respondents''). A Commission investigative 
attorney (``IA'') participated in the investigation.
    On May 6, 2013, the presiding administrative law judge (``ALJ'') 
issued his final initial determination (``ID''), finding a violation of 
Section 337 with respect to the '325 patent, the '880 patent, the '487 
patent, the '511 patent, the '863 patent, and the '874 patent. He found 
no violation as to the '666 patent. The ALJ recommended the issuance of 
cease and desist orders directed to the Respondents.
    After receiving briefing from the parties and the public, on April 
3, 2014, the Commission issued notice of its determination to affirm-
in-part, modify-in-part, and reverse-in-part the final ID and to find a 
violation of Section 337. 79 FR 19640-41 (Apr. 9, 2014). The Commission 
found a violation of Section 337 with respect to (i) claims 1 and 4-8 
of the '863 patent; (ii) claims 1, 3, 7, and 9 of the '666 patent; 
(iii) claims 1, 3, and 5 of the '487 patent; (iv) claims 21, 30, 31 and 
32 of the '325 patent; and (v) claim 1 of the '880 patent. On the same 
day, the Commission issued an opinion, with a dissenting opinion from 
Commissioner Johanson, and also issued cease and desist orders directed 
to CCUS and CCPK. The Commission terminated the investigation.
    On May 2, 2014, the Respondents filed a motion to stay the cease 
and desist orders pending appeal. On May 14, 2014, Complainant Align 
and the IA filed responses in opposition. On June 2, 2014, the 
Commission issued a notice and order granting the motion.
    ClearCorrect and Align each took appeals of the Commission's 
determination to the U.S. Court of Appeals for the Federal Circuit. In 
ClearCorrect's appeal, the Federal Circuit reversed the Commission's 
decision that the electronic transmission of the digital models could 
constitute an imported ``article'' within the meaning of 19 U.S.C. 
1337, and remanded the case to the Commission. ClearCorrect Operating, 
LLC v. ITC, 810 F.3d 1283 (Fed. Cir. 2015), reh'g en banc denied,

[[Page 66999]]

819 F.3d 1334 (2016). No petition for certiorari was filed with the 
Supreme Court.
    In Align's appeal, the Federal Circuit vacated and remanded the 
case to the Commission ``for further proceedings in light of'' the 
ClearCorrect decision. Align Tech., Inc. v. ITC, 622 F. App'x 910 (Fed. 
Cir. 2015).
    In view of the foregoing final decisions of the Federal Circuit, 
the Commission has determined to rescind the cease and desist orders 
issued in this investigation. The investigation is terminated with a 
finding of no violation of section 337.
    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.

    Issued: September 23, 2016.
Katherine Hiner,
Acting Supervisory Attorney.
[FR Doc. 2016-23454 Filed 9-28-16; 8:45 am]
 BILLING CODE 7020-02-P

66998 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices

electronically on or before the deadlines INTERNATIONAL TRADE same by reason of infringement of
stated above and submit 8 true paper COMMISSION certain claims of U.S. Patent No.
copies to the Office of the Secretary by 6,217,325 (‘‘the ’325 patent’’); U.S.
[Investigation No. 337–TA–833]
noon the next day pursuant to section Patent No. 6,471,511 (‘‘the ’511 patent’’);
210.4(f) of the Commission’s Rules of Certain Digital Models, Digital Data, U.S. Patent No. 6,626,666 (‘‘the ’666
Practice and Procedure (19 CFR and Treatment Plans for Use in Making patent’’); U.S. Patent No. 6,705,863 (‘‘the
210.4(f)). Submissions should refer to Incremental Dental Positioning ’863 patent’’); U.S. Patent No. 6,722,880
the investigation number (‘‘Inv. No. Adjustment Appliances, the (‘‘the ’880 patent’’); U.S. Patent No.
965’’) in a prominent place on the cover Appliances Made Therefrom, and 7,134,874 (‘‘the ’874 patent’’); and U.S.
page and/or the first page. (See Methods of Making the Same Patent No. 8,070,487 (the ’487 patent’’).
Handbook for Electronic Filing Rescission of Cease and Desist The notice of institution named as
Procedures, https://www.usitc.gov/ respondents ClearCorrect Pakistan
Orders; Termination of an
(Private), Ltd. of Lahore, Pakistan
secretary/fed_reg_notices/rules/ Investigation
(‘‘CCPK’’) and ClearCorrect Operating,
handbook_on_electronic_filing.pdf).
AGENCY: U.S. International Trade LLC of Houston, Texas (‘‘CCUS’’)
Persons with questions regarding filing (collectively, ‘‘the Respondents’’). A
Commission.
should contact the Secretary (202–205– Commission investigative attorney
ACTION: Notice.
2000). (‘‘IA’’) participated in the investigation.
Any person desiring to submit a SUMMARY: Notice is hereby given that On May 6, 2013, the presiding
document to the Commission in the U.S. International Trade administrative law judge (‘‘ALJ’’) issued
confidence must request confidential Commission has determined to rescind his final initial determination (‘‘ID’’),
treatment. All such requests should be the cease and desist orders issued in finding a violation of Section 337 with
directed to the Secretary to the this investigation and to terminate the respect to the ’325 patent, the ’880
Commission and must include a full investigation with a finding of no patent, the ’487 patent, the ’511 patent,
statement of the reasons why the violation of Section 337 of the Tariff Act the ’863 patent, and the ’874 patent. He
Commission should grant such of 1930, as amended, 19 U.S.C. 1337 found no violation as to the ’666 patent.
treatment. See 19 CCFR 201.6. (‘‘Section 337’’). The ALJ recommended the issuance of
Documents for which confidential FOR FURTHER INFORMATION CONTACT: cease and desist orders directed to the
treatment by the Commission is Sidney A. Rosenzweig, Office of the Respondents.
General Counsel, U.S. International After receiving briefing from the
properly sought will be treated parties and the public, on April 3, 2014,
accordingly. All information, including Trade Commission, 500 E Street SW.,
the Commission issued notice of its
confidential business information and Washington, DC 20436, telephone (202)
determination to affirm-in-part, modify-
documents for which confidential 708–2532. Copies of non-confidential
in-part, and reverse-in-part the final ID
treatment is properly sought, submitted documents filed in connection with this
and to find a violation of Section 337.
to the Commission for purposes of this investigation are or will be available for
79 FR 19640–41 (Apr. 9, 2014). The
Investigation may be disclosed to and inspection during official business
Commission found a violation of
used: (i) By the Commission, its hours (8:45 a.m. to 5:15 p.m.) in the
Section 337 with respect to (i) claims 1
employees and Offices, and contract Office of the Secretary, U.S.
and 4–8 of the ’863 patent; (ii) claims 1,
personnel (a) for developing or International Trade Commission, 500 E
3, 7, and 9 of the ’666 patent; (iii) claims
maintaining the records of this or a Street SW., Washington, DC 20436, 1, 3, and 5 of the ’487 patent; (iv) claims
related proceeding, or (b) in internal telephone (202) 205–2000. General 21, 30, 31 and 32 of the ’325 patent; and
information concerning the Commission (v) claim 1 of the ’880 patent. On the
investigations, audits, reviews, and
may also be obtained by accessing its same day, the Commission issued an
evaluations relating to the programs,
Internet server (https://www.usitc.gov). opinion, with a dissenting opinion from
personnel, and operations of the
The public record for this investigation Commissioner Johanson, and also
Commission including under 5 U.S.C.
may be viewed on the Commission’s issued cease and desist orders directed
Appendix 3; or (ii) by U.S. government electronic docket (EDIS) at https://
employees and contract personnel,[1] to CCUS and CCPK. The Commission
edis.usitc.gov. Hearing-impaired terminated the investigation.
solely for cybersecurity purposes. All persons are advised that information on
nonconfidential written submissions On May 2, 2014, the Respondents
this matter can be obtained by filed a motion to stay the cease and
will be available for public inspection at contacting the Commission’s TDD
the Office of the Secretary and on EDIS. desist orders pending appeal. On May
terminal on (202) 205–1810. 14, 2014, Complainant Align and the IA
This action is taken under the SUPPLEMENTARY INFORMATION: This filed responses in opposition. On June
authority of section 337 of the Tariff Act investigation was instituted on April 5, 2, 2014, the Commission issued a notice
of 1930, as amended (19 U.S.C. 1337), 2012, based upon a complaint filed on and order granting the motion.
and in Part 210 of the Commission’s behalf of Align Technology, Inc., of San ClearCorrect and Align each took
Rules of Practice and Procedure (19 CFR Jose, California (‘‘Align’’), on March 1, appeals of the Commission’s
part 210). 2012, as corrected on March 22, 2012. determination to the U.S. Court of
By order of the Commission. 77 FR 20648 (April 5, 2012). The Appeals for the Federal Circuit. In
complaint alleged violations of Section ClearCorrect’s appeal, the Federal
Issued: September 26, 2016.
337 in the sale for importation, Circuit reversed the Commission’s
mstockstill on DSK3G9T082PROD with NOTICES

Katherine Hiner, importation, or sale within the United decision that the electronic transmission
Acting Supervisory Attorney. States after importation of certain digital of the digital models could constitute an
[FR Doc. 2016–23571 Filed 9–28–16; 8:45 am] models, digital data, and treatment imported ‘‘article’’ within the meaning
BILLING CODE 7020–02–P plans for use in making incremental of 19 U.S.C. 1337, and remanded the
dental positioning adjustment case to the Commission. ClearCorrect
[1] All contract personnel will sign appropriate appliances, the appliances made Operating, LLC v. ITC, 810 F.3d 1283
nondisclosure agreements. therefrom, and methods of making the (Fed. Cir. 2015), reh’g en banc denied,

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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices 66999

819 F.3d 1334 (2016). No petition for (2) Update on Child Care and Development seeks injunctive relief and the recovery
certiorari was filed with the Supreme Block Grant Act of past and future response costs
Court. (3) Proposed Changes to the NFF incurred and to be incurred at the
Qualification Requirements International Smelting and Refining Site
In Align’s appeal, the Federal Circuit
vacated and remanded the case to the The meeting will be open to the (the ‘‘Site’’) in Tooele County, Utah. The
Commission ‘‘for further proceedings in public on a first-come, first-seated basis. proposed consent decree requires
light of’’ the ClearCorrect decision. Any member of the public wishing to Atlantic Richfield to pay $560,000 in
Align Tech., Inc. v. ITC, 622 F. App’x file a written statement with the Council past response costs, pay future oversight
910 (Fed. Cir. 2015). or wishing to address this session of the costs, and undertake certain operation
In view of the foregoing final Council should notify the Federal and maintenance activities at the Site.
decisions of the Federal Circuit, the Bureau of Investigation (FBI) Compact The publication of this notice opens
Commission has determined to rescind Officer, Mrs. Chasity S. Anderson at a period for public comment on the
the cease and desist orders issued in (304) 625–2803, at least 24 hours prior consent decree. Comments should be
this investigation. The investigation is to the start of the session. The addressed to the Assistant Attorney
terminated with a finding of no notification should contain the General, Environment and Natural
violation of section 337. individual’s name and corporate Resources Division, and should refer to
The authority for the Commission’s designation, consumer affiliation, or United States v. Atlantic Richfield
determination is contained in section government designation, along with a Company, Inc., D.J. Ref. No. 90–11–3–
337 of the Tariff Act of 1930, as short statement describing the topic to 07569/1. All comments must be
amended (19 U.S.C. 1337), and in Part be addressed and the time needed for submitted no later than thirty (30) days
210 of the Commission’s Rules of the presentation. Individuals will after the publication date of this notice.
Practice and Procedure (19 CFR part ordinarily be allowed up to 15 minutes Comments may be submitted either by
210). to present a topic. email or by mail in the following
By order of the Commission. DATES AND TIMES: The Council will meet manner:
Issued: September 23, 2016. in open session from 9 a.m. until 5 p.m.,
on November 2–3, 2016. To submit
Katherine Hiner, Send them to:
comments:
ADDRESSES: The meeting will take place
Acting Supervisory Attorney.
at the Holiday Inn St. Louis By email ....... pubcomment-ees.enrd@
[FR Doc. 2016–23454 Filed 9–28–16; 8:45 am]
Downtown—Convention Center, 811 usdoj.gov.
BILLING CODE 7020–02–P By mail ......... Assistant Attorney General
North Ninth Street, St. Louis, Missouri,
telephone (314) 421–4000. U.S. DOJ—ENRD, P.O. Box
7611, Washington, DC
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF JUSTICE 20044–7611.
Inquiries may be addressed to Mrs.
Federal Bureau of Investigation Chasity S. Anderson, FBI Compact During the public comment period,
Officer, Module D3, 1000 Custer Hollow the consent decree may be examined
Meeting of the Compact Council for the Road, Clarksburg, West Virginia 26306, and downloaded at this Justice
National Crime Prevention and Privacy telephone (304) 625–2803, facsimile Department Web site: https://
Compact (304) 625–2868. www.justice.gov/enrd/Consent_Decrees.
AGENCY: Federal Bureau of
Dated: September 22, 2016. We will provide a paper copy of the
Investigation, Justice. Chasity S. Anderson, consent decree upon written request
FBI Compact Officer, Criminal Justice and payment of reproduction costs.
ACTION: Meeting notice.
Information Services Division, Federal Bureau Please mail your request and payment
SUMMARY: The purpose of this notice is of Investigation. to: Consent Decree Library, U.S. DOJ—
to announce a meeting of the National [FR Doc. 2016–23527 Filed 9–28–16; 8:45 am] ENRD, P.O. Box 7611, Washington, DC
Crime Prevention and Privacy Compact BILLING CODE 4410–02–P 20044–7611.
Council (Council) created by the Please enclose a check or money order
National Crime Prevention and Privacy for $9.75 (25 cents per page
Compact Act of 1998 (Compact). Thus DEPARTMENT OF JUSTICE reproduction cost) payable to the United
far, the Federal Government and 30 States Treasury.
Notice of Lodging of Proposed
states are parties to the Compact which Consent Decree Under the Robert Brook,
governs the exchange of criminal history Comprehensive Response, Assistant Chief, Environmental Enforcement
records for licensing, employment, and Compensation, and Liability Act Section, Environment and Natural Resources
similar purposes. The Compact also Division.
provides a legal framework for the On September 21, 2016, a proposed [FR Doc. 2016–23554 Filed 9–28–16; 8:45 am]
establishment of a cooperative federal- consent decree was lodged with the BILLING CODE 4410–15–P
state system to exchange such records. United States District Court for the
The United States Attorney General District of Utah in the lawsuit entitled
appointed 15 persons from state and United States v. Atlantic Richfield DEPARTMENT OF JUSTICE
federal agencies to serve on the Council. Company, Inc., Civil Action No. 2:16–
The Council will prescribe system rules Notice of Lodging of Proposed
cv–00982–DBP.
mstockstill on DSK3G9T082PROD with NOTICES

and procedures for the effective and Consent Decree Under the
The United States filed this lawsuit Comprehensive Environmental
proper operation of the Interstate against Atlantic Richfield Company
Identification Index system for Response, Compensation, and Liability
(‘‘Atlantic Richfield’’) pursuant to Act
noncriminal justice purposes. Section 107 of the Comprehensive
Matters for discussion are expected to Environmental Response, Compensation On September 22, 2016, the
include: and Liability Act (‘‘CERCLA’’), 42 U.S.C. Department of Justice lodged a proposed
(1) Best Practices for Fingerprint Submissions 9607. The United States’ complaint consent decree with the United States

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Document Created: 2016-09-29 04:14:00
Document Modified: 2016-09-29 04:14:00

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		Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2532. 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 (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 66998