82 FR 15236 - Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Amend the Complaint and Notice of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 57 (March 27, 2017)
Federal Register Volume 82, Issue 57 (March 27, 2017)
| Page Range | 15236-15237 | |
| FR Document | 2017-05999 |
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)] [Notices] [Pages 15236-15237] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05999] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1032] Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Amend the Complaint and Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 6) granting an unopposed motion to add allegations of violation of section 337 through the sale for importation, importation, or sale after importation into the United States of articles that infringe certain claims of U.S. Patent No. 9,542,527. FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, 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 this investigation on December 8, 2016, based on a complaint filed by Pacific Biosciences of California, Inc. of Menlo Park, California (``PacBio''). 81 FR 88703-04 (Dec. 8, 2016). The complaint alleges 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 single- molecule nucleic acid sequencing systems and reagents, consumables, and software for use with same by reason of infringement of certain claims of U.S. Patent No. 9,404,146 (``the '146 patent''). Id. at 88704. The notice of investigation named as respondents Oxford Nanopore Technologies Ltd. of Oxford, United Kingdom; Oxford Nanopore Technologies, Inc. of Cambridge, Massachusetts; and Metrichor, Ltd. of Oxford, United Kingdom (collectively, ``Respondents''). Id. The Office of Unfair Import Investigations (``OUII'') also was named as a party to the investigation. Id. On February 3, 2017, PacBio filed a motion to amend the complaint and notice of investigation to add allegations of violation of section 337 through the sale for importation, importation, or sale after importation into the United States of articles that infringe claims 1 and 3-11 of U.S. Patent No. 9,542,527 (``the '527 patent''). Specifically, PacBio sought to add allegations that Respondents directly infringe, contributorily infringe, and/or induce the infringement of the asserted claims of the '527 patent. Respondents and OUII did not oppose the motion. On February 21, 2017, the presiding administrative law judge (``ALJ'') issued an ID, Order No. 6, granting the motion to amend the complaint and notice of investigation. The ALJ found good cause for the amendment. The ALJ found that PacBio could not have asserted the '527 patent when it filed the original complaint because the '527 patent was issued after institution of the investigation, and that PacBio sought to add the allegations relating to the '527 patent soon after its issuance. The ALJ also found that the amendment would not prejudice the public interest or the parties. The ALJ found that (1) the '527 patent involves the same technology as the '146 patent; (2) the '527 and '146 patents are related, claim priority to the same provisional application, name the same inventors, and share a substantially identical specification; and (3) PacBio represents that the accused products and domestic industry products for the '527 and '146 patents are identical, obviating the need for excessive additional discovery. The ALJ also found that the amendment was in the public interest because litigating the '527 and '146 patents in separate investigations would waste judicial and public resources. No petitions for review of the ID were filed. The Commission has determined not to review the subject 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 [[Page 15237]] Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: March 22, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-05999 Filed 3-24-17; 8:45 am] BILLING CODE 7020-02-P
![15236 Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices
questions regarding filing should INTERNATIONAL TRADE consumables, and software for use with
contact the Secretary (202–205–2000). COMMISSION same by reason of infringement of
Any person desiring to submit a certain claims of U.S. Patent No.
[Investigation No. 337–TA–1032]
document to the Commission in 9,404,146 (‘‘the ’146 patent’’). Id. at
Certain Single-Molecule Nucleic Acid 88704. The notice of investigation
confidence must request confidential
Sequencing Systems and Reagents, named as respondents Oxford Nanopore
treatment. All such requests should be
Consumables, and Software for Use Technologies Ltd. of Oxford, United
directed to the Secretary to the Kingdom; Oxford Nanopore
Commission and must include a full With Same Commission Determination
Not To Review an Initial Determination Technologies, Inc. of Cambridge,
statement of the reasons why the Massachusetts; and Metrichor, Ltd. of
Commission should grant such Granting an Unopposed Motion To
Amend the Complaint and Notice of Oxford, United Kingdom (collectively,
treatment. See 19 CFR 201.6. Documents ‘‘Respondents’’). Id. The Office of Unfair
for which confidential treatment by the Investigation
Import Investigations (‘‘OUII’’) also was
Commission is properly sought will be AGENCY: U.S. International Trade named as a party to the investigation. Id.
treated accordingly. All such requests Commission. On February 3, 2017, PacBio filed a
should be directed to the Secretary to ACTION: Notice. motion to amend the complaint and
the Commission and must include a full notice of investigation to add allegations
statement of the reasons why the SUMMARY: Notice is hereby given that of violation of section 337 through the
Commission should grant such the U.S. International Trade sale for importation, importation, or sale
treatment. See 19 CFR 201.6. Documents Commission has determined not to after importation into the United States
for which confidential treatment by the review an initial determination (‘‘ID’’) of articles that infringe claims 1 and 3–
Commission is properly sought will be (Order No. 6) granting an unopposed 11 of U.S. Patent No. 9,542,527 (‘‘the
treated accordingly. All information, motion to add allegations of violation of ’527 patent’’). Specifically, PacBio
section 337 through the sale for sought to add allegations that
including confidential business
importation, importation, or sale after Respondents directly infringe,
information and documents for which
importation into the United States of contributorily infringe, and/or induce
confidential treatment is properly the infringement of the asserted claims
articles that infringe certain claims of
sought, submitted to the Commission for of the ’527 patent. Respondents and
U.S. Patent No. 9,542,527.
purposes of this Investigation may be OUII did not oppose the motion.
disclosed to and used: (i) By the FOR FURTHER INFORMATION CONTACT:
Lucy Grace D. Noyola, Office of the On February 21, 2017, the presiding
Commission, its employees and Offices, administrative law judge (‘‘ALJ’’) issued
and contract personnel (a) for General Counsel, U.S. International
an ID, Order No. 6, granting the motion
Trade Commission, 500 E Street SW.,
developing or maintaining the records to amend the complaint and notice of
Washington, DC 20436, telephone 202–
of this or a related proceeding, or (b) in investigation. The ALJ found good cause
205–3438. Copies of non-confidential
internal investigations, audits, reviews, for the amendment. The ALJ found that
documents filed in connection with this
and evaluations relating to the PacBio could not have asserted the ’527
investigation are or will be available for
programs, personnel, and operations of patent when it filed the original
inspection during official business
the Commission including under 5 complaint because the ’527 patent was
hours (8:45 a.m. to 5:15 p.m.) in the
U.S.C. Appendix 3; or (ii) by U.S. issued after institution of the
Office of the Secretary, U.S.
government employees and contract investigation, and that PacBio sought to
International Trade Commission, add the allegations relating to the ’527
personnel,2 solely for cybersecurity 500 E Street SW., Washington, DC
purposes. All nonconfidential written patent soon after its issuance. The ALJ
20436, telephone 202–205–2000. also found that the amendment would
submissions will be available for public General information concerning the not prejudice the public interest or the
inspection at the Office of the Secretary Commission may also be obtained by parties. The ALJ found that (1) the ’527
and on EDIS.3 accessing its Internet server (https:// patent involves the same technology as
This action is taken under the www.usitc.gov). The public record for the ’146 patent; (2) the ’527 and ’146
authority of section 337 of the Tariff Act this investigation may be viewed on the patents are related, claim priority to the
of 1930, as amended (19 U.S.C. 1337), Commission’s electronic docket (EDIS) same provisional application, name the
and of §§ 201.10 and 210.8(c) of the at https://edis.usitc.gov. Hearing- same inventors, and share a
Commission’s Rules of Practice and impaired persons are advised that substantially identical specification; and
information on this matter can be (3) PacBio represents that the accused
Procedure (19 CFR 201.10, 210.8(c)).
obtained by contacting the products and domestic industry
By order of the Commission. Commission’s TDD terminal on 202– products for the ’527 and ’146 patents
Issued: March 21, 2017. 205–1810. are identical, obviating the need for
Lisa R. Barton, SUPPLEMENTARY INFORMATION: The excessive additional discovery. The ALJ
Secretary to the Commission. Commission instituted this investigation also found that the amendment was in
[FR Doc. 2017–05936 Filed 3–24–17; 8:45 am] on December 8, 2016, based on a the public interest because litigating the
complaint filed by Pacific Biosciences of ’527 and ’146 patents in separate
BILLING CODE 7020–02–P
California, Inc. of Menlo Park, California investigations would waste judicial and
(‘‘PacBio’’). 81 FR 88703–04 (Dec. 8,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
public resources. No petitions for
2016). The complaint alleges violations review of the ID were filed.
of section 337 of the Tariff Act of 1930, The Commission has determined not
as amended, 19 U.S.C. 1337, in the to review the subject ID.
importation into the United States, the The authority for the Commission’s
2 All contract personnel will sign appropriate sale for importation, and the sale within determination is contained in section
nondisclosure agreements. the United States after importation of 337 of the Tariff Act of 1930, as
3 Electronic Document Information System certain single-molecule nucleic acid amended (19 U.S.C. 1337), and in part
(EDIS): https://edis.usitc.gov. sequencing systems and reagents, 210 of the Commission’s Rules of
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![Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices 15237
Practice and Procedure (19 CFR part violations of section 337 of the Tariff petitioners have withdrawn requests for
210). Act of 1930, as amended, 19 U.S.C. 1337 waivers of the competitive need
By order of the Commission. (‘‘section 337’’) based upon the limitation under the Generalized System
Issued: March 22, 2017. importation into the United States or of Preferences (GSP) program and that
sale of certain composite intermediate USTR accordingly was withdrawing its
Lisa R. Barton,
bulk containers by reason of request for advice regarding such
Secretary to the Commission.
infringement of certain trade dress, the petitions, the U.S. International Trade
[FR Doc. 2017–05999 Filed 3–24–17; 8:45 am] Commission (Commission) has
threat or effect of which is to
BILLING CODE 7020–02–P
substantially destroy or injure a amended the scope of its investigation
domestic industry. Id. The and will not provide advice regarding
Commission’s Notice of Investigation the withdrawn petitions.
INTERNATIONAL TRADE
named as the sole respondent Zhenjiang ADDRESSES: All Commission offices,
COMMISSION
Runzhou Jinshan Packaging Factory including the Commission’s hearing
[Investigation No. 337–TA–1014] (‘‘Zhenjiang’’) of Hengshun Zhenjiang, rooms, are located in the United States
China. Id. The Office of Unfair Import International Trade Commission
Certain Composite Intermediate Bulk Investigations was also named as a party Building, 500 E Street SW., Washington,
Containers; Commission to this investigation. Id. DC. All written submissions should be
Determination Not To Review an Initial On February 22, 2017, the addressed to the Secretary, United
Determination Terminating the administrative law judge (‘‘ALJ’’) issued States International Trade Commission,
Investigation Based on the Withdrawal Order No. 13, the subject ID, which 500 E Street SW., Washington, DC
of the Complaint; Termination of the granted an unopposed motion filed by 20436. The public record for this
Investigation Schütz to terminate the investigation investigation may be viewed on the
AGENCY: U.S. International Trade based on the withdrawal of the Commission’s electronic docket (EDIS)
Commission. complaint. The ALJ found that the at https://edis.usitc.gov.
ACTION: Notice. motion complied with the FOR FURTHER INFORMATION CONTACT:
Commission’s rules for the termination Information specific to this investigation
SUMMARY: Notice is hereby given that of investigations, that no extraordinary may be obtained from Renee Berry,
the U.S. International Trade circumstances prevented the Project Leader, Office of Industries
Commission (the ‘‘Commission’’) has termination of the investigation, and (202–205–3498 or renee.berry@
determined not to review a February 22, that termination of the investigation is usitc.gov), Sabina Neumann, Deputy
2017, initial determination (‘‘ID’’) in the public interest. No party filed a Project Leader, Office of Industries
(Order No. 13) granting an unopposed petition seeking review of the subject (202–205–3000 or sabina.neuman@
motion to terminate the investigation ID. usitc.gov), or Marin Weaver, Technical
based on the withdrawal of the The Commission has determined not Advisor, Office of Industries (202–205–
complaint. This investigation is to review the subject ID. This 3461 or marin.weaver@usitc.gov). For
terminated. investigation is terminated. information on the legal aspects of this
FOR FURTHER INFORMATION CONTACT: Ron The authority for the Commission’s investigation, contact William Gearhart
Traud, Office of the General Counsel, determination is contained in section of the Commission’s Office of the
U.S. International Trade Commission, 337 of the Tariff Act of 1930, as General Counsel (202–205–3091 or
500 E Street SW., Washington, DC amended (19 U.S.C. 1337), and in part william.gearhart@usitc.gov). The media
20436, telephone (202) 205–3427. 210 of the Commission’s Rules of should contact Margaret O’Laughlin,
Copies of non-confidential documents Practice and Procedure (19 CFR part Office of External Relations (202–205–
filed in connection with this 210). 1819 or margaret.olaughlin@usitc.gov).
investigation are or will be available for By order of the Commission. Hearing-impaired individuals may
inspection during official business Issued: March 22, 2017. obtain information on this matter by
hours (8:45 a.m. to 5:15 p.m.) in the Lisa R. Barton,
contacting the Commission’s TDD
Office of the Secretary, U.S. terminal at 202–205–1810. General
Secretary to the Commission.
International Trade Commission, 500 E information concerning the Commission
[FR Doc. 2017–05955 Filed 3–24–17; 8:45 am]
Street SW., Washington, DC 20436, may also be obtained by accessing its
telephone (202) 205–2000. General BILLING CODE 7020–02–P Web site (http://www.usitc.gov). Persons
information concerning the Commission with mobility impairments who will
may also be obtained by accessing its need special assistance in gaining access
INTERNATIONAL TRADE
Internet server (https://www.usitc.gov). to the Commission should contact the
COMMISSION
The public record for this investigation Office of the Secretary at 202–205–2000.
may be viewed on the Commission’s [Investigation No. 332–560] SUPPLEMENTARY INFORMATION:
Electronic Docket Information System Background: The February 17, 2017,
(‘‘EDIS’’) (https://edis.usitc.gov). Generalized System of Preferences: letter from USTR advised the
Hearing-impaired persons are advised Possible Modifications, 2016 Review Commission that several petitioners
that information on this matter can be AGENCY: United States International have withdrawn requests for waivers of
obtained by contacting the the competitive need limitation (CNL)
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Trade Commission.
Commission’s TDD terminal, telephone under the GSP program, and that in
ACTION: Change in scope of investigation
(202) 205–1810. view of the withdrawals, USTR was
following withdrawal of several requests
SUPPLEMENTARY INFORMATION: On July for competitive need waivers. withdrawing its request for Commission
27, 2016, the Commission instituted this advice as to whether any industry in the
investigation based on a complaint filed SUMMARY: Following receipt of a letter United States is likely to be adversely
by Schütz Container Systems Inc. on behalf of the Acting United States affected by the waiver of the CNLs,
(‘‘Schütz’’) of North Branch, New Jersey. Trade Representative (USTR) dated whether like or directly competitive
81 FR 49265. The complaint alleges February 17, 2017, advising that several products were being produced in the
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Document Created: 2017-03-25 00:21:54
Document Modified: 2017-03-25 00:21:54
| 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 | Lucy Grace D. Noyola, 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. | |
| FR Citation | 82 FR 15236 |
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