82_FR_15125 82 FR 15069 - Certain Document Cameras and Software for Use Therewith; Institution of Investigation

82 FR 15069 - Certain Document Cameras and Software for Use Therewith; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 56 (March 24, 2017)

Page Range15069-15070
FR Document2017-05846

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 17, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Pathway Innovations and Technologies, Inc. of San Diego, California. 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 document cameras and software for use therewith by reason of infringement of certain claims of U.S. Patent No. 8,508,751 (``the '751 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 82 Issue 56 (Friday, March 24, 2017)
[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Notices]
[Pages 15069-15070]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05846]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1045]


Certain Document Cameras and Software for Use Therewith; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 17, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Pathway 
Innovations and Technologies, Inc. of San Diego, California. 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 document cameras and 
software for use therewith by reason of infringement of certain claims 
of U.S. Patent No. 8,508,751 (``the '751 patent''). The complaint 
further alleges that an industry in the United States exists as 
required by the applicable Federal statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

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 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.

FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docket 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19

[[Page 15070]]

U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 17, 2017, 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 document 
cameras and software for use therewith by reason of infringement of one 
or more of claims 1-10, 12-18, and 20 of the '751 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:
    (a) The complainant is: Pathway Innovations and Technologies, Inc., 
10211 Pacific Mesa Boulevard, Suite 412, San Diego, CA 92121.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

IPEVO, Inc., 440 North Wolfe Road, Sunnyvale, CA 94085
AVer Information Inc., 668 Mission Court, Fremont, CA 94539
Lumens Integration, Inc., 4116 Clipper Court, Fremont, CA 94538

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents 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 a 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: March 20, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-05846 Filed 3-23-17; 8:45 am]
BILLING CODE 7020-02-P



                                                                                  Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Notices                                               15069

                                                  INTERNATIONAL TRADE                                     importation, and the sale within the                  INTERNATIONAL TRADE
                                                  COMMISSION                                              United States after importation of                    COMMISSION
                                                                                                          certain high-potency sweeteners,
                                                  [Investigation No. 337–TA–1030]                                                                               [Investigation No. 337–TA–1045]
                                                                                                          processes for making same, and
                                                  Certain High-Potency Sweeteners,                        products containing same by reason of                 Certain Document Cameras and
                                                  Processes for Making Same, and                          infringement of certain claims of U.S.                Software for Use Therewith; Institution
                                                  Products Containing Same;                               Patent No. 9,024,016 (‘‘the ’016 patent’’).           of Investigation
                                                  Commission Determination Not To                         See id. The notice of investigation
                                                  Review an Initial Determination                         identified Suzhou Hope Technology                     AGENCY: U.S. International Trade
                                                  Granting Complainants’ Motion for                       Co., Ltd. of Suzhou City, China; Anhui                Commission.
                                                  Termination of the Investigation Based                  Jinhe Industrial Co., Ltd. of Anhui,                  ACTION: Notice.
                                                  on Withdrawal of the Complaint;                         China; and Vitasweet Co., Ltd. of
                                                                                                          Beijing, China (collectively,                         SUMMARY:   Notice is hereby given that a
                                                  Termination of the Investigation                                                                              complaint was filed with the U.S.
                                                                                                          ‘‘Respondents’’) as respondents in this
                                                  AGENCY: U.S. International Trade                        investigation. See id. The Office of                  International Trade Commission on
                                                  Commission.                                             Unfair Import Investigations is also a                February 17, 2017, under section 337 of
                                                  ACTION: Notice.                                         party to this investigation. See id.                  the Tariff Act of 1930, as amended, on
                                                                                                                                                                behalf of Pathway Innovations and
                                                  SUMMARY:   Notice is hereby given that                     On February 2, 2017, Complainants                  Technologies, Inc. of San Diego,
                                                  the U.S. International Trade                            filed a motion for termination of the                 California. The complaint alleges
                                                  Commission has determined not to                        investigation based on withdrawal of                  violations of section 337 based upon the
                                                  review an initial determination (‘‘ID’’)                the complaint. On February 13, 2017,                  importation into the United States, the
                                                  (Order No. 7) of the presiding                          Respondents filed responses in                        sale for importation, and the sale within
                                                  administrative law judge (‘‘ALJ’’)                      opposition to Complainants’ motion. On                the United States after importation of
                                                  granting Complainants’ motion for                       the same day, the Commission                          certain document cameras and software
                                                  termination of the investigation based                  Investigative Attorney (‘‘IA’’) filed a               for use therewith by reason of
                                                  on withdrawal of the complaint. The                     response in support of Complainants’                  infringement of certain claims of U.S.
                                                  investigation is terminated.                            motion. Additionally, on February 17,                 Patent No. 8,508,751 (‘‘the ’751 patent’’).
                                                                                                          2017, Complainants filed a motion for                 The complaint further alleges that an
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          leave to file a reply in support of their             industry in the United States exists as
                                                  Houda Morad, Office of the General                      motion.
                                                  Counsel, U.S. International Trade                                                                             required by the applicable Federal
                                                  Commission, 500 E Street SW.,                              On March 1, 2017, the ALJ issued the               statute.
                                                  Washington, DC 20436, telephone (202)                   subject ID, denying Complainants’                       The complainant requests that the
                                                  708–4716. Copies of non-confidential                    motion for leave to file a reply but                  Commission institute an investigation
                                                  documents filed in connection with this                 granting their motion for termination of              and, after the investigation, issue a
                                                  investigation are or will be available for              the investigation. The ALJ found that                 limited exclusion order and cease and
                                                  inspection during official business                     Complainants’ motion complied with                    desist orders.
                                                  hours (8:45 a.m. to 5:15 p.m.) in the                   Commission Rule 210.21(a)(1), 19 CFR                  ADDRESSES: The complaint, except for
                                                  Office of the Secretary, U.S.                           210.21(a)(1), ‘‘insomuch as it includes a             any confidential information contained
                                                  International Trade Commission, 500 E                   statement that ‘[t]here are no                        therein, is available for inspection
                                                  Street SW., Washington, DC 20436,                       agreements, written or oral, express or               during official business hours (8:45 a.m.
                                                  telephone (202) 205–2000. General                       implied, between Complainant and                      to 5:15 p.m.) in the Office of the
                                                  information concerning the Commission                   Respondents . . . concerning the                      Secretary, U.S. International Trade
                                                  may also be obtained by accessing its                   subject matter of this Investigation.’ ’’ ID          Commission, 500 E Street SW., Room
                                                  Internet server at https://www.usitc.gov.               at 4 (alteration in original). The ALJ also           112, Washington, DC 20436, telephone
                                                  The public record for this investigation                found no ‘‘extraordinary circumstances                (202) 205–2000. Hearing impaired
                                                  may be viewed on the Commission’s                       that merit denying Celanese’s motion at               individuals are advised that information
                                                  electronic docket (EDIS) at https://                    this relatively early point in the                    on this matter can be obtained by
                                                  edis.usitc.gov. Hearing-impaired                        investigation.’’ Id. (citations omitted).             contacting the Commission’s TDD
                                                  persons are advised that information on                    No party has filed a petition for                  terminal on (202) 205–1810. Persons
                                                  this matter can be obtained by                          review of the subject ID.                             with mobility impairments who will
                                                  contacting the Commission’s TDD                            The Commission has determined not                  need special assistance in gaining access
                                                  terminal on (202) 205–1810.                             to review the subject ID. The                         to the Commission should contact the
                                                  SUPPLEMENTARY INFORMATION: The                          investigation is terminated.                          Office of the Secretary at (202) 205–
                                                  Commission instituted Investigation No.                                                                       2000. General information concerning
                                                                                                             The authority for the Commission’s
                                                  337–TA–1030 on November 28, 2016,                                                                             the Commission may also be obtained
                                                                                                          determination is contained in section
                                                  based on a complaint filed by                                                                                 by accessing its internet server at
                                                                                                          337 of the Tariff Act of 1930, as
                                                  Complainants Celanese International                                                                           https://www.usitc.gov. The public
                                                                                                          amended (19 U.S.C. 1337), and in part
                                                  Corporation of Irving, Texas; Celanese                                                                        record for this investigation may be
                                                                                                          210 of the Commission’s Rules of
                                                  Sales U.S. Ltd. of Irving, Texas; and                                                                         viewed on the Commission’s electronic
                                                                                                          Practice and Procedure (19 CFR part
                                                  Celanese IP Hungary Bt of Budapest,                                                                           docket (EDIS) at https://edis.usitc.gov.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                          210).
                                                  Hungary (collectively, ‘‘Complainants’’                                                                       FOR FURTHER INFORMATION CONTACT: The
                                                                                                            By order of the Commission.                         Office of the Secretary, Docket Services
                                                  or ‘‘Celanese’’). See 81 FR 85640–1
                                                  (Nov. 28, 2016). The complaint alleges                    Issued: March 20, 2017.                             Division, U.S. International Trade
                                                  violations of section 337 of the Tariff                 Lisa R. Barton,                                       Commission, telephone (202) 205–1802.
                                                  Act of 1930, as amended (19 U.S.C.                      Secretary to the Commission.
                                                                                                                                                                  Authority: The authority for institution of
                                                  1337), based upon the importation into                  [FR Doc. 2017–05830 Filed 3–23–17; 8:45 am]           this investigation is contained in section 337
                                                  the United States, the sale for                         BILLING CODE 7020–02–P                                of the Tariff Act of 1930, as amended, 19



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                                                  15070                           Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Notices

                                                  U.S.C. 1337, and in section 210.10 of the               complaint and in this notice may be                   poster stations during the public
                                                  Commission’s Rules of Practice and                      deemed to constitute a waiver of the                  meeting to clarify information related to
                                                  Procedure, 19 CFR 210.10 (2016).                        right to appear and contest the                       the Draft Supplemental RFEIS. Federal,
                                                    Scope of Investigation: Having                        allegations of the complaint and this                 state, and local agencies and officials,
                                                  considered the complaint, the U.S.                      notice, and to authorize the                          and interested groups and individuals
                                                  International Trade Commission, on                      administrative law judge and the                      are encouraged to provide comments in
                                                  March 17, 2017, ordered that—                           Commission, without further notice to                 person at the public meeting or in
                                                    (1) Pursuant to subsection (b) of                     the respondent, to find the facts to be as            writing anytime during the public
                                                  section 337 of the Tariff Act of 1930, as               alleged in the complaint and this notice              comment period. At the public
                                                  amended, an investigation be instituted                 and to enter an initial determination                 meetings, attendees will be able to
                                                  to determine whether there is a                         and a final determination containing                  submit comments in writing and orally
                                                  violation of subsection (a)(1)(B) of                    such findings, and may result in the                  to a stenographer who will transcribe
                                                  section 337 in the importation into the                 issuance of an exclusion order or a cease             comments. Written comments on the
                                                  United States, the sale for importation,                and desist order or both directed against             Draft Supplemental RFEIS may be
                                                  or the sale within the United States after              the respondent.                                       submitted during the 45-day review
                                                  importation of certain document                           By order of the Commission.                         period via the U.S. Postal Service or
                                                  cameras and software for use therewith                                                                        electronically. Written comments may
                                                                                                            Issued: March 20, 2017.
                                                  by reason of infringement of one or                                                                           be submitted via mail to: Mr. Issac
                                                  more of claims 1–10, 12–18, and 20 of                   Lisa R. Barton,
                                                                                                                                                                Gaston, Site Selection Specialist, U.S.
                                                  the ’751 patent, and whether an                         Secretary to the Commission.                          Department of Justice, Federal Bureau of
                                                  industry in the United States exists as                 [FR Doc. 2017–05846 Filed 3–23–17; 8:45 am]           Prisons, 320 First Street NW.,
                                                  required by subsection (a)(2) of section                BILLING CODE 7020–02–P                                Washington, DC 20534. Written
                                                  337;                                                                                                          comments may also be submitted via
                                                    (2) For the purpose of the                                                                                  email to igaston@bop.gov. All written
                                                  investigation so instituted, the following              DEPARTMENT OF JUSTICE                                 comments must be postmarked or
                                                  are hereby named as parties upon which                                                                        received via email by May 8, 2017 to
                                                  this notice of investigation shall be                   Federal Bureau of Prisons                             ensure consideration in connection with
                                                  served:                                                                                                       the Final Supplemental RFEIS. All
                                                    (a) The complainant is: Pathway                       Notice of Public Meeting for the Draft
                                                                                                                                                                comments received during the public
                                                  Innovations and Technologies, Inc.,                     Supplemental Revised Final
                                                                                                                                                                comment period, whether oral or
                                                  10211 Pacific Mesa Boulevard, Suite                     Environmental Impact Statement for
                                                                                                                                                                written, will be given equal
                                                  412, San Diego, CA 92121.                               Proposed United States Penitentiary
                                                                                                                                                                consideration, become part of the public
                                                    (b) The respondents are the following                 and Federal Prison Camp in Letcher
                                                                                                                                                                record on the Draft Supplemental RFEIS
                                                  entities alleged to be in violation of                  County, Kentucky
                                                                                                                                                                and be responded to in the Final
                                                  section 337, and are the parties upon                   AGENCY: Federal Bureau of Prisons, U.S.               Supplemental RFEIS.
                                                  which the complaint is to be served:                    Department of Justice.                                   The Draft Supplemental RFEIS is
                                                  IPEVO, Inc., 440 North Wolfe Road,                      ACTION: Notice.                                       available electronically on the project
                                                    Sunnyvale, CA 94085                                                                                         Web site at http://
                                                  AVer Information Inc., 668 Mission                      SUMMARY:   The U.S. Department of                     www.fbopletchercountyeis.com. Copies
                                                    Court, Fremont, CA 94539                              Justice, Federal Bureau of Prisons                    of the Draft Supplemental RFEIS are
                                                  Lumens Integration, Inc., 4116 Clipper                  (Bureau) is announcing a public meeting               available for public review at the
                                                    Court, Fremont, CA 94538                              for the Draft Supplemental Revised                    following repositories:
                                                    (3) For the investigation so instituted,              Final Environmental Impact Statement                     1. Harry M. Caudill Memorial Library,
                                                  the Chief Administrative Law Judge,                     (RFEIS) for the proposed United States                220 Main Street, Whitesburg, KY.
                                                  U.S. International Trade Commission,                    Penitentiary (USP) and Federal Prison                    2. Blackey Public Library, 295 Main
                                                  shall designate the presiding                           Camp (FPC) in Letcher County,                         Street Loop, Blackey, KY.
                                                  Administrative Law Judge.                               Kentucky. A 45-day public comment                        3. Jenkins Public Library, 9543
                                                    The Office of Unfair Import                           period on the Draft Supplemental RFEIS                Highway 805, Jenkins, KY.
                                                  Investigations will not participate as a                was initiated with the publication of the                4. Fleming Neon Public Library, 1049
                                                  party in this investigation.                            Notice of Availability of the Draft                   Highway 317, Neon, KY.
                                                    Responses to the complaint and the                    Supplemental RFEIS in the Federal                     FOR FURTHER INFORMATION CONTACT: Mr.
                                                  notice of investigation must be                         Register on March 24, 2017, and will                  Issac Gaston, Site Selection Specialist,
                                                  submitted by the named respondents in                   end on May 8, 2017. During the 45-day                 Capacity Planning and Construction
                                                  accordance with section 210.13 of the                   public comment period, the Bureau will                Branch, Federal Bureau of Prisons, 320
                                                  Commission’s Rules of Practice and                      conduct a public meeting to receive oral              First Street NW., Washington, DC 20534
                                                  Procedure, 19 CFR 210.13. Pursuant to                   and written comments on the Draft                     (Telephone: (202) 514–6470, Fax: (202)
                                                  19 CFR 201.16(e) and 210.13(a), such                    Supplemental RFEIS. This notice                       616–6024, or Email: igaston@bop.gov).
                                                  responses will be considered by the                     announces the date, time, and location                SUPPLEMENTARY INFORMATION: A Notice
                                                  Commission if received not later than 20                of the public meeting and provides                    of Intent to prepare a Supplemental
                                                  days after the date of service by the                   supplementary information about the                   RFEIS was published in the Federal
                                                  Commission of the complaint and the                     environmental planning effort.                        Register on November 18, 2016 (81
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  notice of investigation. Extensions of                  DATES: The public meeting will be held                Federal Register 81809). The Draft
                                                  time for submitting responses to the                    on April 12, 2017 between 5:30 p.m.                   Supplemental RFEIS was prepared to
                                                  complaint and the notice of                             and 8:00 p.m.                                         address changes to the proposed action,
                                                  investigation will not be granted unless                ADDRESSES: Letcher County Central                     as required under NEPA [40 CFR
                                                  good cause therefor is shown.                           High School located at 435 Cougar                     1502.9(c)], and to assess new
                                                    Failure of a respondent to file a timely              Drive, Whitesburg, Kentucky. Bureau                   circumstances or information relevant to
                                                  response to each allegation in the                      representatives will be available at                  potential environmental impacts. In


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Document Created: 2018-02-01 15:10:53
Document Modified: 2018-02-01 15:10:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactThe Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation82 FR 15069 

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