81 FR 85264 - Enforcement and Rescission Proceeding; Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Notice of Institution of Rescission Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 227 (November 25, 2016)

Notice is hereby given that the U.S. International Trade Commission has instituted a rescission proceeding relating to the March 17, 2016 limited exclusion order and cease and desist order issued in the above-referenced investigation.

[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Notices]
[Pages 85264-85265]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28314]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-929]


Enforcement and Rescission Proceeding; Certain Beverage Brewing 
Capsules, Components Thereof, and Products Containing the Same; Notice 
of Institution of Rescission Proceeding

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 instituted a rescission proceeding relating to the March 
17, 2016 limited exclusion order and cease and desist order issued in 
the above-referenced investigation.

FOR FURTHER INFORMATION CONTACT: Robert J. Needham, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3438. 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: The Commission instituted the original 
investigation on September 9, 2014, based on a complaint filed by 
Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, 
``ARM''). 79 FR 53445-46 (Sept. 9, 2016). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain beverage brewing capsules, components thereof, and products 
containing the same, by reason of infringement of claims 5-8 and 18-20 
of U.S. Patent No. 8,720,320 (``the '320 patent''). Id. The notice of 
institution of the investigation named as respondents Solofill, LLC 
(``Solofill''); DongGuan Hai Rui Precision Mould Co., Ltd. 
(``DongGuan''); Eko Brands, LLC (``Eko Brands''); Evermuch Technology 
Co., Ltd. and Ever Much Company Ltd. (together, ``Evermuch''); and 
several additional respondents who were terminated by reason of consent 
order or settlement. 79 FR 53445. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party to the 
investigation. Id. The Commission found Eko Brands and Evermuch in 
default for failure to respond to the complaint and notice of 
investigation. Notice (May 18, 2015).
    On March 17, 2016, the Commission found no violation of section 337 
by Solofill and DongGuan because claims 5-7, 18, and 20 were invalid 
for a lack of written description and claims 5 and 6 were invalid as 
anticipated. 81 FR 15742-43 (Mar. 24, 2016). The Commission, however, 
presumed that the allegations were true with respect to the remaining 
allegations against the defaulted parties Eko Brands and Evermuch, and 
thus concluded that they violated section 337 with respect to claims 8 
and 19. Id. at 15743. The Commission issued a limited exclusion order 
prohibiting Eko Brands and Evermuch from importing certain beverage 
brewing capsules, components thereof, and products containing the same 
that infringed claims 8 or 19 of the '320 patent. Id. The Commission 
also issued cease and desist orders against Eko Brands and Evermuch 
prohibiting the sale and distribution within the United States of 
articles that infringe claims 8 or 19. Id.
    On June 1, 2016, ARM filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75(b) to investigate violations of the March 17, 2016, limited 
exclusion order and cease and desist order by Eko Brands and Espresso 
Supply, Inc. The Commission instituted a formal enforcement proceeding 
on July 1, 2016. 81 FR 43242-43.
    On September 12, 2016, Eko Brands petitioned the Commission to 
rescind its limited exclusion order and cease and desist orders, and to 
terminate the enforcement proceeding. Eko Brands contended that changed 
circumstances warranted such relief. On September 22, 2016, ARM opposed 
the petition. On September 22, 2016, OUII filed a response supporting 
the institution of a rescission proceeding but opposing the termination 
of the enforcement proceeding.
    On September 30, 2016, Eko Brands moved for leave to file a reply 
in support of its petition. ARM opposed the motion on October 6, 2016.

[[Page 85265]]

    Having examined the petition and the supporting documents, the 
Commission has determined to institute a rescission proceeding to 
determine whether the March 17, 2016 limited exclusion order and cease 
and desist order should be rescinded. The Commission has further 
determined to delegate the rescission proceeding to the presiding ALJ 
and to consolidate that proceeding with the ongoing enforcement 
proceeding. Finally, the Commission has determined to delegate Eko 
Brands's request to terminate the enforcement proceeding to the ALJ, 
and to deny Eko Brands's motion for leave to file a reply.
    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 section 210.76 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.76).

    By order of the Commission.

    Issued: November 18, 2016.
Lisa R. Barton,
 Secretary to the Commission.
[FR Doc. 2016-28314 Filed 11-23-16; 8:45 am]
BILLING CODE 7020-02-P