81 FR 7830 - Certain Surgical Stapler Devices and Components Thereof Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 30 (February 16, 2016)
Federal Register Volume 81, Issue 30 (February 16, 2016)
| Page Range | 7830-7831 | |
| FR Document | 2016-03028 |
[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)] [Notices] [Pages 7830-7831] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-03028] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-985] Certain Surgical Stapler Devices 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 January 8, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Covidien LP of Mansfield, Massachusetts. 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 surgical stapler devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,669,073 (``the '073 patent''); U.S. Patent No. 8,342,377 (``the '377 patent''); and U.S. Patent No. 6,079,606 (``the '606 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 a cease and desist order. 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 (2015). Scope Of Investigation: Having considered the complaint, the U.S. International Trade Commission, on February 9, 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 surgical stapler devices and components thereof by reason of infringement of one or more of claims 1-3 of the '073 patent; claims 1-11 of the '377 patent; and claims 1, 2, 5, and 9 of the '606 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: [[Page 7831]] (a) The complainant is: Covidien LP, 15 Hampshire Street, Mansfield, MA 02048. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Chongqing QMI Surgical Co., Ltd., No. 2, Yangliu Road, Middle Segment of Huangshan Avenue, New North Zone, Chongqing, China 401123. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) 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 respondent 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 the 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: February 10, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-03028 Filed 2-12-16; 8:45 am] BILLING CODE 7020-02-P
![7830 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices
announcing its intention to request information from public review, we industry in the United States exists as
renewed collection authority for the cannot guarantee that we will be able to required by subsection (a)(2) of section
exemption of coal extraction incidental do so. 337.
to the extraction of other minerals. This Title: 30 CFR part 702—Exemption for The complainant requests that the
information collection activity was Coal Extraction Incidental to the Commission institute an investigation
previously approved by the Office of Extraction of Other Minerals. and, after the investigation, issue a
Management and Budget (OMB), and OMB Control Number: 1029–0089. limited exclusion order and a cease and
assigned control number 1029–0089. Summary: This Part implements the desist order.
DATES: Comments on the proposed requirement in Section 701(28) of the ADDRESSES: The complaint, except for
information collection must be received Surface Mining Control and any confidential information contained
by April 18, 2016, to be assured of Reclamation Act of 1977 (SMCRA), therein, is available for inspection
consideration. which grants an exemption from the during official business hours (8:45 a.m.
requirements of SMCRA to operators to 5:15 p.m.) in the Office of the
ADDRESSES: Comments may be mailed to extracting not more than 16 2/3 Secretary, U.S. International Trade
John Trelease, Office of Surface Mining percentage tonnage of coal incidental to Commission, 500 E Street SW., Room
Reclamation and Enforcement, 1951 the extraction of other minerals. This 112, Washington, DC 20436, telephone
Constitution Ave NW., Room 203–SIB, information will be used by the (202) 205–2000. Hearing impaired
Washington, DC 20240. Comments may regulatory authorities to make that individuals are advised that information
also be submitted electronically to determination. on this matter can be obtained by
jtrelease@osmre.gov. Bureau Form Number: None. contacting the Commission’s TDD
FOR FURTHER INFORMATION CONTACT: To Frequency of Collection: Once and terminal on (202) 205–1810. Persons
receive a copy of the information annually thereafter. with mobility impairments who will
collection request and explanatory Description of Respondents: need special assistance in gaining access
information contact John Trelease at Producers of coal and other minerals to the Commission should contact the
(202) 208–2783 or email at jtrelease@ and State regulatory authorities. Office of the Secretary at (202) 205–
osmre.gov. Total Annual Responses: 48. 2000. General information concerning
SUPPLEMENTARY INFORMATION: OMB Total Annual Burden Hours: 396. the Commission may also be obtained
Total Non-wage Costs: $600. by accessing its internet server at
regulations at 5 CFR 1320, which
Obligation to Respond: Required in http://www.usitc.gov. The public record
implement provisions of the Paperwork
order to obtain or retain benefits. for this investigation may be viewed on
Reduction Act of 1995 (Pub. L. 104–13),
require that interested members of the Dated: February 10, 2016. the Commission’s electronic docket
public and affected agencies have an John A. Trelease, (EDIS) at http://edis.usitc.gov.
opportunity to comment on information Acting Chief, Division of Regulatory Support. FOR FURTHER INFORMATION CONTACT: The
collection and recordkeeping activities [FR Doc. 2016–03109 Filed 2–12–16; 8:45 am] Office of Unfair Import Investigations,
[see 5 CFR 1320.8 (d)]. This notice BILLING CODE 4310–05–P
U.S. International Trade Commission,
identifies an information collection that telephone (202) 205–2560.
OSMRE will be submitting to OMB for Authority: The authority for institution of
approval. This collection is contained in INTERNATIONAL TRADE this investigation is contained in section 337
30 CFR part 702—Exemption for Coal of the Tariff Act of 1930, as amended, and
COMMISSION in section 210.10 of the Commission’s Rules
Extraction Incidental to the Extraction
[Investigation No. 337–TA–985] of Practice and Procedure, 19 CFR 210.10
of Other Minerals. The information (2015).
submitted by respondents is required to
Certain Surgical Stapler Devices and
obtain a benefit. OSMRE will request a Scope Of Investigation: Having
Components Thereof Institution of
3-year term of approval for this considered the complaint, the U.S.
Investigation
information collection activity. International Trade Commission, on
Comments are invited on: (1) The AGENCY: U.S. International Trade February 9, 2016, ORDERED THAT—
need for the collection of information Commission. (1) Pursuant to subsection (b) of
for the performance of the functions of ACTION: Notice. section 337 of the Tariff Act of 1930, as
the agency; (2) the accuracy of the amended, an investigation be instituted
agency’s burden estimates; (3) ways to SUMMARY: Notice is hereby given that a to determine whether there is a
enhance the quality, utility and clarity complaint was filed with the U.S. violation of subsection (a)(1)(B) of
of the information collection; and (4) International Trade Commission on section 337 in the importation into the
ways to minimize the information January 8, 2016, under section 337 of United States, the sale for importation,
collection burden on respondents, such the Tariff Act of 1930, as amended, 19 or the sale within the United States after
as use of automated means of collection U.S.C. 1337, on behalf of Covidien LP of importation of certain surgical stapler
of the information. A summary of the Mansfield, Massachusetts. The devices and components thereof by
public comments will accompany complaint alleges violations of section reason of infringement of one or more of
OSMRE’s submission of the information 337 based upon the importation into the claims 1–3 of the ’073 patent; claims 1–
collection request to OMB. United States, the sale for importation, 11 of the ’377 patent; and claims 1, 2,
Before including your address, phone and the sale within the United States 5, and 9 of the ’606 patent, and whether
mstockstill on DSK4VPTVN1PROD with NOTICES
number, email address, or other after importation of certain surgical an industry in the United States exists
personal identifying information in your stapler devices and components thereof as required by subsection (a)(2) of
comment, you should be aware that by reason of infringement of certain section 337;
your entire comment—including your claims of U.S. Patent No. 6,669,073 (2) For the purpose of the
personal identifying information—may (‘‘the ’073 patent’’); U.S. Patent No. investigation so instituted, the following
be made publicly available at any time. 8,342,377 (‘‘the ’377 patent’’); and U.S. are hereby named as parties upon which
While you can ask us in your comment Patent No. 6,079,606 (‘‘the ’606 patent’’). this notice of investigation shall be
to withhold your personal identifying The complaint further alleges that an served:
VerDate Sep<11>2014 22:15 Feb 12, 2016 Jkt 238001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\16FEN1.SGM 16FEN1](https://thefederalregister.org/doc/81_FR_7860/page/1.svg)
![Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Notices 7831
(a) The complainant is: Covidien LP, INTERNATIONAL TRADE importation, and the sale within the
15 Hampshire Street, Mansfield, MA COMMISSION United States after importation of
02048. certain automated teller machines, ATM
Notice of Receipt of Complaint; modules, components thereof, and
(b) The respondent is the following
Solicitation of Comments Relating to products containing the same. The
entity alleged to be in violation of the Public Interest complaint names as respondents
section 337, and is the party upon
AGENCY: U.S. International Trade Diebold, Incorporated of North Canton,
which the complaint is to be served:
Commission. OH; and Diebold Self-Service Systems
Chongqing QMI Surgical Co., Ltd., No. of North Canton, OH. The complainant
2, Yangliu Road, Middle Segment of ACTION: Notice.
requests that the Commission issue an
Huangshan Avenue, New North Zone, exclusion order and cease and desist
SUMMARY: Notice is hereby given that
Chongqing, China 401123. the U.S. International Trade orders.
(c) The Office of Unfair Import Commission has received a complaint Proposed respondents, other
Investigations, U.S. International Trade entitled Certain Automated Teller interested parties, and members of the
Commission, 500 E Street SW., Suite Machines, ATM Modules, Components public are invited to file comments, not
401, Washington, DC 20436; and Thereof, and Products Containing the to exceed five (5) pages in length,
Same, DN 3119; the Commission is inclusive of attachments, on any public
(3) For the investigation so instituted,
soliciting comments on any public interest issues raised by the complaint
the Chief Administrative Law Judge, or section 210.8(b) filing. Comments
interest issues raised by the complaint
U.S. International Trade Commission, should address whether issuance of the
or complainant’s filing under section
shall designate the presiding 210.8(b) of the Commission’s Rules of relief specifically requested by the
Administrative Law Judge. Practice and Procedure (19 CFR complainant in this investigation would
Responses to the complaint and the 210.8(b)). affect the public health and welfare in
notice of investigation must be FOR FURTHER INFORMATION CONTACT: Lisa
the United States, competitive
submitted by the named respondent in R. Barton, Secretary to the Commission, conditions in the United States
accordance with section 210.13 of the U.S. International Trade Commission, economy, the production of like or
Commission’s Rules of Practice and 500 E Street SW., Washington, DC directly competitive articles in the
Procedure, 19 CFR 210.13. Pursuant to 20436, telephone (202) 205–2000. The United States, or United States
19 CFR 201.16(e) and 210.13(a), such public version of the complaint can be consumers.
responses will be considered by the accessed on the Commission’s In particular, the Commission is
Commission if received not later than 20 Electronic Document Information interested in comments that:
days after the date of service by the System (EDIS) at EDIS,1 and will be (i) Explain how the articles potentially
Commission of the complaint and the available for inspection during official subject to the requested remedial orders are
business hours (8:45 a.m. to 5:15 p.m.) used in the United States;
notice of investigation. Extensions of (ii) identify any public health, safety, or
time for submitting responses to the in the Office of the Secretary, U.S.
welfare concerns in the United States relating
complaint and the notice of International Trade Commission, 500 E to the requested remedial orders;
investigation will not be granted unless Street SW., Washington, DC 20436, (iii) identify like or directly competitive
good cause therefor is shown. telephone (202) 205–2000. articles that complainant, its licensees, or
General information concerning the third parties make in the United States which
Failure of the respondent to file a Commission may also be obtained by could replace the subject articles if they were
timely response to each allegation in the accessing its Internet server at United to be excluded;
complaint and in this notice may be States International Trade Commission (iv) indicate whether complainant,
deemed to constitute a waiver of the (USITC) at USITC.2 The public record complainant’s licensees, and/or third party
right to appear and contest the for this investigation may be viewed on suppliers have the capacity to replace the
volume of articles potentially subject to the
allegations of the complaint and this the Commission’s Electronic Document requested exclusion order and/or a cease and
notice, and to authorize the Information System (EDIS) at EDIS.3 desist order within a commercially
administrative law judge and the Hearing-impaired persons are advised reasonable time; and
Commission, without further notice to that information on this matter can be (v) explain how the requested remedial
the respondent, to find the facts to be as obtained by contacting the orders would impact United States
alleged in the complaint and this notice Commission’s TDD terminal on (202) consumers.
and to enter an initial determination 205–1810. Written submissions must be filed no
and a final determination containing SUPPLEMENTARY INFORMATION: The later than by close of business, eight
such findings, and may result in the Commission has received a complaint calendar days after the date of
issuance of an exclusion order or a cease and a submission pursuant to section publication of this notice in the Federal
and desist order or both directed against 210.8(b) of the Commission’s Rules of Register. There will be further
Practice and Procedure filed on behalf opportunities for comment on the
the respondent.
of Nautilus Hyosung Inc. and Nautilus public interest after the issuance of any
By order of the Commission. Hyosung America Inc. on February 9, final initial determination in this
Issued: February 10, 2016. 2016. The complaint alleges violations investigation.
Lisa R. Barton, of section 337 of the Tariff Act of 1930 Persons filing written submissions
(19 U.S.C. 1337) in the importation into
mstockstill on DSK4VPTVN1PROD with NOTICES
Secretary to the Commission. must file the original document
the United States, the sale for electronically on or before the deadlines
[FR Doc. 2016–03028 Filed 2–12–16; 8:45 am]
stated above and submit 8 true paper
BILLING CODE 7020–02–P 1 Electronic Document Information System
copies to the Office of the Secretary by
(EDIS): http://edis.usitc.gov.
2 United States International Trade Commission
noon the next day pursuant to section
(USITC): http://edis.usitc.gov. 210.4(f) of the Commission’s Rules of
3 Electronic Document Information System Practice and Procedure (19 CFR
(EDIS): http://edis.usitc.gov. 210.4(f)). Submissions should refer to
VerDate Sep<11>2014 22:15 Feb 12, 2016 Jkt 238001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\16FEN1.SGM 16FEN1](https://thefederalregister.org/doc/81_FR_7860/page/2.svg)
Document Created: 2016-02-13 03:13:31
Document Modified: 2016-02-13 03:13:31
| 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 7830 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR