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)

Page Range		10781-10781
FR Document		2017-02988

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 Issue 30 (Wednesday, February 15, 2017)

[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

Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Notices 10781

with the Rio Grande and removal of SUPPLEMENTARY INFORMATION: The INTERNATIONAL TRADE
vegetation along the United States side Commission instituted Inv. No. 337– COMMISSION
of the Rio Grande between Brito Creek TA–997 on May 18, 2016, based on a
[Investigation No. 337–TA–1006]
and Terneros Creek in Presidio County, complaint filed by ResMed Corporation
Texas. of San Diego, California; ResMed Certain Passenger Vehicle Automotive
Availability: The electronic version of Incorporated of San Diego, California; Wheels; Commission Determination
the Final EA and FONSI is available and ResMed Limited of New South Not To Review Initial Determination
from the USIBWC Web page: Wales, Australia (collectively, Terminating the Investigation as to the
www.ibwc.gov/Organization/ ‘‘ResMed’’). 81 FR 31255–56 (May 18, Last Remaining Respondents;
Environmental/EIS_EA_Public_ 2016). The complaint alleges violations Termination of the Investigation
Comment.html. of section 337 of the Tariff Act of 1930
Dated: February 1, 2017.
AGENCY: U.S. International Trade
(19 U.S.C. 1337) in the importation into Commission.
Matt Myers, the United States, the sale for
ACTION: Notice.
Chief Legal Council. importation, and the sale within the
[FR Doc. 2017–02770 Filed 2–14–17; 8:45 am] United States after importation of SUMMARY: Notice is hereby given that
BILLING CODE 7010–01–P certain sleep-disordered breathing the U.S. International Trade
treatment systems and components Commission has determined not to
thereof that infringe one or more claims review an initial determination (‘‘ID’’)
INTERNATIONAL TRADE of U.S. Patent No. RE44,453; U.S. Patent (Order No. 24) of the presiding
COMMISSION No. 8,006,691; U.S. Patent No. administrative law judge (‘‘ALJ’’),
8,020,551; and U.S. Patent No. terminating the above-captioned
[Investigation No. 337–TA–997] 9,072,860. The notice of investigation investigation as to respondents A–Z
named the following respondents: BMC Wheels, LLC, Galaxy Wheels & Tires,
Certain Sleep-Disordered Breathing LLC, and Infobahn International, Inc.,
Medical Co., Ltd. of Beijing, China; 3B
Treatment Systems and Components all of San Diego, California (collectively,
Medical, Inc. of Lake Wales, Florida;
Thereof; Commission Determination ‘‘the last remaining respondents’’),
and 3B Products, L.L.C., of Lake Wales,
Not To Review an Initial Determination based on withdrawal of the allegations
Granting a Joint Motion To Terminate Florida (collectively ‘‘BMC’’). The Office
of Unfair Import Investigations (‘‘OUII’’) in the complaint. The Commission has
the Investigation in Its Entirety Based also determined to terminate the
Upon Settlement is not participating in the investigation.
investigation.
On January 23, 2017, ResMed and
AGENCY: U.S. International Trade BMC filed a joint motion to terminate FOR FURTHER INFORMATION CONTACT:
Commission. Clint Gerdine, Esq., Office of the
the investigation in its entirety based
ACTION: Notice. General Counsel, U.S. International
upon settlement.
Trade Commission, 500 E Street SW.,
SUMMARY: Notice is hereby given that On January 24, 2017, the ALJ issued Washington, DC 20436, telephone (202)
the U.S. International Trade the subject ID, granting the joint motion 708–2310. Copies of non-confidential
Commission has determined not to to terminate the investigation in its documents filed in connection with this
review the presiding administrative law entirety based upon settlement. The ALJ investigation are or will be available for
judge’s (‘‘ALJ’’) initial determination found that confidential and public inspection during official business
(‘‘ID’’) (Order No. 44) granting a joint copies of the settlement agreement were hours (8:45 a.m. to 5:15 p.m.) in the
motion to terminate the investigation in provided in compliance with the Office of the Secretary, U.S.
its entirety based upon settlement. requirements of Commission Rule International Trade Commission, 500 E
FOR FURTHER INFORMATION CONTACT: 210.21(b)(1) (19 CFR 210.21(b)(1)), and Street SW., Washington, DC 20436,
Panyin A Hughes, Office of the General that terminating the investigation would telephone (202) 205–2000. General
Counsel, U.S. International Trade not be contrary to the public interest. information concerning the Commission
Commission, 500 E Street SW., may also be obtained by accessing its
The Commission has determined not Internet server at https://www.usitc.gov.
Washington, DC 20436, telephone (202)
to review the ID. The public record for this investigation
205–3042. Copies of non-confidential
documents filed in connection with this The authority for the Commission’s may be viewed on the Commission’s
investigation are or will be available for determination is contained in section electronic docket (EDIS) at https://
inspection during official business 337 of the Tariff Act of 1930, as edis.usitc.gov. Hearing-impaired
hours (8:45 a.m. to 5:15 p.m.) in the amended (19 U.S.C. 1337), and in Part persons are advised that information on
Office of the Secretary, U.S. 210 of the Commission’s Rules of this matter can be obtained by
International Trade Commission, 500 E Practice and Procedure (19 CFR part contacting the Commission’s TDD
Street SW., Washington, DC 20436, 210). terminal on (202) 205–1810.
telephone (202) 205–2000. General Issued: February 9, 2017. SUPPLEMENTARY INFORMATION: The
information concerning the Commission Commission instituted this investigation
By order of the Commission.
may also be obtained by accessing its on June 17, 2016, based on a complaint
Internet server at https://www.usitc.gov. Lisa R. Barton, filed on behalf of Daimler AG of
The public record for this investigation Secretary to the Commission. Stuttgart, Germany. 81 FR 39711–12.
mstockstill on DSK3G9T082PROD with NOTICES

may be viewed on the Commission’s [FR Doc. 2017–02988 Filed 2–14–17; 8:45 am] The complaint alleges violations of
electronic docket (EDIS) at https:// BILLING CODE 7020–02–P section 337 of the Tariff Act of 1930, as
edis.usitc.gov. Hearing-impaired amended, 19 U.S.C. 1337, by reason of
persons are advised that information on infringement of the following U.S.
this matter can be obtained by design patents and U.S. registered
contacting the Commission’s TDD trademarks: D542,211 (‘‘the ’D211
terminal on (202) 205–1810. patent’’); D582,330 (‘‘the ’D330 patent’’);

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Document Created: 2017-02-15 00:54:49
Document Modified: 2017-02-15 00:54:49

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		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.
FR Citation		82 FR 10781