82 FR 10781 - Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation in Its Entirety Based Upon Settlement

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 30 (February 15, 2017)

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 44) granting a joint motion to terminate the investigation in its entirety based upon settlement.

[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Notices]
[Page 10781]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02988]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-997]


Certain Sleep-Disordered Breathing Treatment Systems and 
Components Thereof; Commission Determination Not To Review an Initial 
Determination Granting a Joint Motion To Terminate the Investigation in 
Its Entirety Based Upon Settlement

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 determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 44) 
granting a joint motion to terminate the investigation in its entirety 
based upon settlement.

FOR FURTHER INFORMATION CONTACT: Panyin A Hughes, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3042. 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 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. 
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 Inv. No. 337-TA-
997 on May 18, 2016, based on a complaint filed by ResMed Corporation 
of San Diego, California; ResMed Incorporated of San Diego, California; 
and ResMed Limited of New South Wales, Australia (collectively, 
``ResMed''). 81 FR 31255-56 (May 18, 2016). The complaint alleges 
violations of section 337 of the Tariff Act of 1930 (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 sleep-
disordered breathing treatment systems and components thereof that 
infringe one or more claims of U.S. Patent No. RE44,453; U.S. Patent 
No. 8,006,691; U.S. Patent No. 8,020,551; and U.S. Patent No. 
9,072,860. The notice of investigation named the following respondents: 
BMC Medical Co., Ltd. of Beijing, China; 3B Medical, Inc. of Lake 
Wales, Florida; and 3B Products, L.L.C., of Lake Wales, Florida 
(collectively ``BMC''). The Office of Unfair Import Investigations 
(``OUII'') is not participating in the investigation.
    On January 23, 2017, ResMed and BMC filed a joint motion to 
terminate the investigation in its entirety based upon settlement.
    On January 24, 2017, the ALJ issued the subject ID, granting the 
joint motion to terminate the investigation in its entirety based upon 
settlement. The ALJ found that confidential and public copies of the 
settlement agreement were provided in compliance with the requirements 
of Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), and that 
terminating the investigation would not be contrary to the public 
interest.
    The Commission has determined not to review the ID.
    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).

     Issued: February 9, 2017.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-02988 Filed 2-14-17; 8:45 am]
BILLING CODE 7020-02-P