82_FR_17758 82 FR 17689 - Certain Arrowheads With Deploying Blades and Components Thereof and Packaging Therefor; Final Commission Determination of Violation; Issuance of a General Exclusion Order and a Cease and Desist Order; and Termination of the Investigation

82 FR 17689 - Certain Arrowheads With Deploying Blades and Components Thereof and Packaging Therefor; Final Commission Determination of Violation; Issuance of a General Exclusion Order and a Cease and Desist Order; and Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 69 (April 12, 2017)

Page Range17689-17690
FR Document2017-07321

Notice is hereby given that the U.S. International Trade Commission has terminated the above-captioned investigation with a finding of violation of section 337, and has issued a general exclusion order directed against infringing arrowheads with deploying blades and components thereof and packaging therefor, and a cease and desist order directed against respondent Shenzhen Zowaysoon Trading Company Ltd. (``Zowaysoon Trading'') of Shenzhen, China. The Commission has terminated the investigation.

Federal Register, Volume 82 Issue 69 (Wednesday, April 12, 2017)
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17689-17690]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07321]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-977]


Certain Arrowheads With Deploying Blades and Components Thereof 
and Packaging Therefor; Final Commission Determination of Violation; 
Issuance of a General Exclusion Order and a Cease and Desist Order; and 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has terminated the above-captioned investigation with a 
finding of violation of section 337, and has issued a general exclusion 
order directed against infringing arrowheads with deploying blades and 
components thereof and packaging therefor, and a cease and desist order 
directed against respondent Shenzhen Zowaysoon Trading Company Ltd. 
(``Zowaysoon Trading'') of Shenzhen, China. The Commission has 
terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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 this investigation 
on December 22, 2015, based on a complaint filed on behalf of FeraDyne 
Outdoors LLC and Out RAGE LLC, both of Cartersville, Georgia. 80 FR 
79612-13. The complaint, as supplemented, alleged violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon 
the importation into the United States, the sale for importation, and 
the sale within the United States after importation of certain 
arrowheads with deploying blades and components thereof and packaging 
therefor by reason of infringement of certain claims of U.S. Patent 
Nos. RE44,144 (``the '144 patent''); 6,517,454 (``the '454 patent''); 
8,758,176 (``the '176 patent''); 8,986,141 (``the '141 patent''); 
9,068,806 (``the '806 patent''); 7,771,298 (``the '298 patent''); 
D710,962 (``the D'962 patent''); D711,489 (``the D'489 patent''); and 
of U.S. Trademark Registration No. 4,812,058 (``the RAGE mark''). The 
complaint further alleged the existence of a domestic industry. The 
Commission's notice of investigation named the following nine 
respondents: Zowaysoon Trading; Linyi Junxing Sports Equipment Co., 
Ltd. (``Junxing Sports'') of Shandong, China; Ningbo Forever Best 
Import & Export Co., Ltd. (``Forever Best'') of Jiangsu, China; Ningbo 
Linkboy Outdoor Sports Co., Ltd. (``Linkboy Outdoor'') of Zhejiang, 
China; Xiamen Xinhongyou Industrial Trade Co. Ltd. (``Xinhongyou 
Industrial'') and Xiamen Zhongxinyuan Industry & Trade Ltd. 
(``Zhongxinyuan Industry''), both of Fujian, China; and Zhengzhou IRQ 
Trading Limited Company (``IRQ Trading'') and Zhengzhou Paiao Trade 
Co., Ltd. (``Paiao Trade''), both of Henan, China. The Office of Unfair 
Import Investigations (``OUII'') is also a party to the investigation.
    On April 28, 2016, complainants filed a motion for summary 
determination of a violation of section 337 pursuant to section 
337(g)(2) and Commission Rule 210.16(c)(2) to support its request for 
entry of a general exclusion order with respect to all asserted 
intellectual property. OUII filed a response in support of the motion.
    On May 10, 2016, the Commission issued notice of its determination 
not to review the ALJ's ID (Order No. 6) finding the following seven 
respondents in default: Junxing Sports, Forever Best, Linkboy Outdoor, 
Zowaysoon Trading, Zhongxinyuan Industry, IRQ Trading, and Paiao Trade. 
On June 23, 2016, the Commission issued notice of its determination not 
to review the ALJ's ID (Order No. 8) finding Xinhongyou Industrial in 
default. On June 28, 2016, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 9) terminating the 
investigation as to (1) Faith Sports based on withdrawal of the 
complaint as to Faith Sports; and (2) claims 2-3, 5, and 8 of the '545 
patent; claims 5 and 10 of the '298 patent; claim 3 of the '176 patent; 
claim 8 of the '141 patent; and claim 3 of the '806 patent based on 
withdrawal of these patent claims against all named respondents.
    The ALJ issued the subject ID on August 22, 2016, granting 
complainants' motion for summary determination. The ALJ found that all 
eight defaulting respondents met the importation requirement and that 
complainants satisfied the domestic industry requirement. See 19 U.S.C. 
1337(a)(1)(B), (a)(2). The ID finds that a violation of section 337 has 
occurred based on its finding that each of the defaulting respondents' 
accused products infringe one or more of the asserted claims of the 
patents at issue and infringe the trademark at issue as established by 
substantial, reliable, and probative evidence in accordance with 
Commission Rule 210.16(c)(2). No petitions for review of the ID were 
filed. The ID also contained the ALJ's recommended determination on 
remedy and bonding. The ALJ recommended issuance of a general exclusion 
order with respect to the asserted intellectual property, but did not 
recommend issuance of cease and desist orders directed against the 
defaulting respondents.
    On October 6, 2016, the Commission issued notice of its 
determination to review in part the ALJ's ID. On review, the Commission 
(1) corrected typographical errors on pages 14, 18, and 24 of the ID; 
(2) modified page 8 of the ID; and (3) determined to take no position 
on the ID's finding that complainants satisfy the economic prong of the 
domestic industry

[[Page 17690]]

requirement under section 337(a)(3)(C) with respect to all asserted 
patents and the asserted trademark. See 81 FR 70702-04 (Oct. 13, 2016). 
The Commission determined not to review the remainder of the ID. The 
Commission also requested written submissions on the issues of remedy, 
the public interest, and bonding from the parties and interested non-
parties including specific questions directed to the parties regarding 
any request for cease and desist orders directed against one or more 
defaulting respondents. Id. On October 20 and 27, 2016, respectively, 
complainants and OUII each filed a brief and a reply brief regarding 
remedy, the public interest, and bonding.
    The Commission has made its determination on the issues of remedy, 
the public interest, and bonding. The Commission has determined that 
the appropriate form of relief is both: (1) A general exclusion order 
prohibiting the unlicensed entry of arrowheads with deploying blades 
and components thereof and packaging therefor that infringe one or more 
of: Claims 38, 42, 48, 68, and 75 of the '144 patent; claim 1 of the 
'454 patent; claim 1 the '176 patent; claim 1 the '141 patent; claim 1 
of the '806 patent; claim 1 of the '298 patent; the D'962 patent; the 
D'489 patent; and the RAGE mark; and (2) a cease and desist order 
prohibiting Zowaysoon Trading from conducting any of the following 
activities in the United States: Importing, selling, marketing 
(including via the internet or electronic mail), advertising (including 
via the internet or electronic mail), distributing, offering for sale 
(including via the internet or electronic mail), transferring (except 
for exportation), and soliciting U.S. agents or distributors for, 
arrowheads with deploying blades and components thereof and packaging 
therefor that infringe one or more of claims 38, 42, 48, 68, and 75 of 
the '144 patent; claim 1 of the '454 patent; claim 1 of the '298 
patent; and the RAGE mark. Chairman Schmidtlein and Commissioner Kieff 
disagree with the Commission's decision not to issue cease and desist 
orders against all of the defaulting respondents under section 
337(g)(1), and Chairman Schmidtlein has filed a dissenting opinion 
explaining her views.
    The Commission further determined that the public interest factors 
enumerated in sections 337(d)(1) and (g)(1) (19 U.S.C. 1337(d)(1), 
(g)(1)) do not preclude issuance of the general exclusion order or the 
cease and desist order. Finally, the Commission determined that there 
shall be a bond in the amount of 100 percent of the entered value of 
the covered products to permit temporary importation during the period 
of Presidential review (19 U.S.C. 1337(j)). The Commission's orders and 
opinion were delivered to the President and to the United States Trade 
Representative on the day of their issuance. The Commission has 
terminated the investigation.
    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.

    By order of the Commission.

    Issued: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07321 Filed 4-11-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                               Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices                                           17689

                                                  time for submitting responses to the                    inspection during official business                   a violation of section 337 pursuant to
                                                  complaint and the notice of                             hours (8:45 a.m. to 5:15 p.m.) in the                 section 337(g)(2) and Commission Rule
                                                  investigation will not be granted unless                Office of the Secretary, U.S.                         210.16(c)(2) to support its request for
                                                  good cause therefor is shown.                           International Trade Commission, 500 E                 entry of a general exclusion order with
                                                     Failure of a respondent to file a timely             Street SW., Washington, DC 20436,                     respect to all asserted intellectual
                                                  response to each allegation in the                      telephone (202) 205–2000. General                     property. OUII filed a response in
                                                  complaint and in this notice may be                     information concerning the Commission                 support of the motion.
                                                  deemed to constitute a waiver of the                    may also be obtained by accessing its                    On May 10, 2016, the Commission
                                                  right to appear and contest the                         Internet server at https://www.usitc.gov.             issued notice of its determination not to
                                                  allegations of the complaint and this                   The public record for this investigation              review the ALJ’s ID (Order No. 6)
                                                  notice, and to authorize the                            may be viewed on the Commission’s                     finding the following seven respondents
                                                  administrative law judge and the                        electronic docket (EDIS) at https://                  in default: Junxing Sports, Forever Best,
                                                  Commission, without further notice to                   edis.usitc.gov. Hearing-impaired                      Linkboy Outdoor, Zowaysoon Trading,
                                                  the respondent, to find the facts to be as              persons are advised that information on               Zhongxinyuan Industry, IRQ Trading,
                                                  alleged in the complaint and this notice                this matter can be obtained by                        and Paiao Trade. On June 23, 2016, the
                                                  and to enter an initial determination                   contacting the Commission’s TDD                       Commission issued notice of its
                                                  and a final determination containing                    terminal on (202) 205–1810.                           determination not to review the ALJ’s ID
                                                  such findings, and may result in the                    SUPPLEMENTARY INFORMATION: The
                                                                                                                                                                (Order No. 8) finding Xinhongyou
                                                  issuance of an exclusion order or a cease                                                                     Industrial in default. On June 28, 2016,
                                                                                                          Commission instituted this investigation
                                                  and desist order or both directed against                                                                     the Commission issued notice of its
                                                                                                          on December 22, 2015, based on a
                                                  the respondent.                                                                                               determination not to review the ALJ’s ID
                                                                                                          complaint filed on behalf of FeraDyne
                                                                                                                                                                (Order No. 9) terminating the
                                                    By order of the Commission.                           Outdoors LLC and Out RAGE LLC, both
                                                                                                                                                                investigation as to (1) Faith Sports based
                                                    Issued: April 6, 2017.                                of Cartersville, Georgia. 80 FR 79612–
                                                                                                                                                                on withdrawal of the complaint as to
                                                  Lisa R. Barton,                                         13. The complaint, as supplemented,
                                                                                                                                                                Faith Sports; and (2) claims 2–3, 5, and
                                                  Secretary to the Commission.                            alleged violations of section 337 of the
                                                                                                                                                                8 of the ’545 patent; claims 5 and 10 of
                                                  [FR Doc. 2017–07322 Filed 4–11–17; 8:45 am]             Tariff Act of 1930, as amended, 19
                                                                                                                                                                the ’298 patent; claim 3 of the ’176
                                                                                                          U.S.C. 1337, based upon the importation
                                                  BILLING CODE 7020–02–P                                                                                        patent; claim 8 of the ’141 patent; and
                                                                                                          into the United States, the sale for                  claim 3 of the ’806 patent based on
                                                                                                          importation, and the sale within the                  withdrawal of these patent claims
                                                  INTERNATIONAL TRADE                                     United States after importation of                    against all named respondents.
                                                  COMMISSION                                              certain arrowheads with deploying                        The ALJ issued the subject ID on
                                                                                                          blades and components thereof and                     August 22, 2016, granting complainants’
                                                  [Investigation No. 337–TA–977]                          packaging therefor by reason of                       motion for summary determination. The
                                                  Certain Arrowheads With Deploying                       infringement of certain claims of U.S.                ALJ found that all eight defaulting
                                                  Blades and Components Thereof and                       Patent Nos. RE44,144 (‘‘the ’144                      respondents met the importation
                                                  Packaging Therefor; Final Commission                    patent’’); 6,517,454 (‘‘the ’454 patent’’);           requirement and that complainants
                                                  Determination of Violation; Issuance of                 8,758,176 (‘‘the ’176 patent’’); 8,986,141            satisfied the domestic industry
                                                  a General Exclusion Order and a Cease                   (‘‘the ’141 patent’’); 9,068,806 (‘‘the ’806          requirement. See 19 U.S.C.
                                                  and Desist Order; and Termination of                    patent’’); 7,771,298 (‘‘the ’298 patent’’);           1337(a)(1)(B), (a)(2). The ID finds that a
                                                  the Investigation                                       D710,962 (‘‘the D’962 patent’’);                      violation of section 337 has occurred
                                                                                                          D711,489 (‘‘the D’489 patent’’); and of               based on its finding that each of the
                                                  AGENCY: U.S. International Trade                        U.S. Trademark Registration No.                       defaulting respondents’ accused
                                                  Commission.                                             4,812,058 (‘‘the RAGE mark’’). The                    products infringe one or more of the
                                                  ACTION: Notice.                                         complaint further alleged the existence               asserted claims of the patents at issue
                                                                                                          of a domestic industry. The                           and infringe the trademark at issue as
                                                  SUMMARY:   Notice is hereby given that                  Commission’s notice of investigation                  established by substantial, reliable, and
                                                  the U.S. International Trade                            named the following nine respondents:                 probative evidence in accordance with
                                                  Commission has terminated the above-                    Zowaysoon Trading; Linyi Junxing                      Commission Rule 210.16(c)(2). No
                                                  captioned investigation with a finding                  Sports Equipment Co., Ltd. (‘‘Junxing                 petitions for review of the ID were filed.
                                                  of violation of section 337, and has                    Sports’’) of Shandong, China; Ningbo                  The ID also contained the ALJ’s
                                                  issued a general exclusion order                        Forever Best Import & Export Co., Ltd.                recommended determination on remedy
                                                  directed against infringing arrowheads                  (‘‘Forever Best’’) of Jiangsu, China;                 and bonding. The ALJ recommended
                                                  with deploying blades and components                    Ningbo Linkboy Outdoor Sports Co.,                    issuance of a general exclusion order
                                                  thereof and packaging therefor, and a                   Ltd. (‘‘Linkboy Outdoor’’) of Zhejiang,               with respect to the asserted intellectual
                                                  cease and desist order directed against                 China; Xiamen Xinhongyou Industrial                   property, but did not recommend
                                                  respondent Shenzhen Zowaysoon                           Trade Co. Ltd. (‘‘Xinhongyou                          issuance of cease and desist orders
                                                  Trading Company Ltd. (‘‘Zowaysoon                       Industrial’’) and Xiamen Zhongxinyuan                 directed against the defaulting
                                                  Trading’’) of Shenzhen, China. The                      Industry & Trade Ltd. (‘‘Zhongxinyuan                 respondents.
                                                  Commission has terminated the                           Industry’’), both of Fujian, China; and                  On October 6, 2016, the Commission
                                                  investigation.                                          Zhengzhou IRQ Trading Limited                         issued notice of its determination to
                                                  FOR FURTHER INFORMATION CONTACT:                        Company (‘‘IRQ Trading’’) and                         review in part the ALJ’s ID. On review,
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                                                  Clint Gerdine, Esq., Office of the                      Zhengzhou Paiao Trade Co., Ltd.                       the Commission (1) corrected
                                                  General Counsel, U.S. International                     (‘‘Paiao Trade’’), both of Henan, China.              typographical errors on pages 14, 18,
                                                  Trade Commission, 500 E Street SW.,                     The Office of Unfair Import                           and 24 of the ID; (2) modified page 8 of
                                                  Washington, DC 20436, telephone (202)                   Investigations (‘‘OUII’’) is also a party to          the ID; and (3) determined to take no
                                                  708–2310. Copies of non-confidential                    the investigation.                                    position on the ID’s finding that
                                                  documents filed in connection with this                    On April 28, 2016, complainants filed              complainants satisfy the economic
                                                  investigation are or will be available for              a motion for summary determination of                 prong of the domestic industry


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                                                  17690                        Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices

                                                  requirement under section 337(a)(3)(C)                  value of the covered products to permit               to 5:15 p.m.) in the Office of the
                                                  with respect to all asserted patents and                temporary importation during the                      Secretary, U.S. International Trade
                                                  the asserted trademark. See 81 FR                       period of Presidential review (19 U.S.C.              Commission, 500 E Street SW., Room
                                                  70702–04 (Oct. 13, 2016). The                           1337(j)). The Commission’s orders and                 112, Washington, DC 20436, telephone
                                                  Commission determined not to review                     opinion were delivered to the President               (202) 205–2000. Hearing impaired
                                                  the remainder of the ID. The                            and to the United States Trade                        individuals are advised that information
                                                  Commission also requested written                       Representative on the day of their                    on this matter can be obtained by
                                                  submissions on the issues of remedy,                    issuance. The Commission has                          contacting the Commission’s TDD
                                                  the public interest, and bonding from                   terminated the investigation.                         terminal on (202) 205–1810. Persons
                                                  the parties and interested non-parties                     The authority for the Commission’s                 with mobility impairments who will
                                                  including specific questions directed to                determination is contained in section                 need special assistance in gaining access
                                                  the parties regarding any request for                   337 of the Tariff Act of 1930, as                     to the Commission should contact the
                                                  cease and desist orders directed against                amended, 19 U.S.C. 1337, and in part                  Office of the Secretary at (202) 205–
                                                  one or more defaulting respondents. Id.                 210 of the Commission’s Rules of                      2000. General information concerning
                                                  On October 20 and 27, 2016,                             Practice and Procedure, 19 CFR part                   the Commission may also be obtained
                                                  respectively, complainants and OUII                     210.                                                  by accessing its internet server at
                                                  each filed a brief and a reply brief                      By order of the Commission.                         https://www.usitc.gov. The public
                                                  regarding remedy, the public interest,                                                                        record for this investigation may be
                                                                                                            Issued: April 6, 2017.
                                                  and bonding.                                                                                                  viewed on the Commission’s electronic
                                                     The Commission has made its                          Lisa R. Barton,
                                                                                                                                                                docket (EDIS) at https://edis.usitc.gov.
                                                  determination on the issues of remedy,                  Secretary to the Commission.
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT: The
                                                  the public interest, and bonding. The                   [FR Doc. 2017–07321 Filed 4–11–17; 8:45 am]
                                                                                                                                                                Office of Unfair Import Investigations,
                                                  Commission has determined that the                      BILLING CODE 7020–02–P
                                                                                                                                                                U.S. International Trade Commission,
                                                  appropriate form of relief is both: (1) A
                                                                                                                                                                telephone (202) 205–2560.
                                                  general exclusion order prohibiting the                                                                          Authority: The authority for
                                                  unlicensed entry of arrowheads with                     INTERNATIONAL TRADE
                                                                                                          COMMISSION                                            institution of this investigation is
                                                  deploying blades and components                                                                               contained in section 337 of the Tariff
                                                  thereof and packaging therefor that                     [Investigation No. 337–TA–1048]                       Act of 1930, as amended, 19 U.S.C. 1337
                                                  infringe one or more of: Claims 38, 42,
                                                                                                                                                                and in section 210.10 of the
                                                  48, 68, and 75 of the ’144 patent; claim                Certain Intravascular Administration                  Commission’s Rules of Practice and
                                                  1 of the ’454 patent; claim 1 the ’176                  Sets and Components Thereof                           Procedure, 19 CFR 210.10 (2017).
                                                  patent; claim 1 the ’141 patent; claim 1                Institution of Investigation                             Scope of Investigation: Having
                                                  of the ’806 patent; claim 1 of the ’298
                                                                                                          AGENCY: U.S. International Trade                      considered the complaint, the U.S.
                                                  patent; the D’962 patent; the D’489
                                                                                                          Commission.                                           International Trade Commission, on
                                                  patent; and the RAGE mark; and (2) a
                                                                                                          ACTION: Notice.
                                                                                                                                                                April 6, 2017, Ordered that—
                                                  cease and desist order prohibiting
                                                                                                                                                                   (1) Pursuant to subsection (b) of
                                                  Zowaysoon Trading from conducting
                                                                                                          SUMMARY:   Notice is hereby given that a              section 337 of the Tariff Act of 1930, as
                                                  any of the following activities in the
                                                                                                          complaint was filed with the U.S.                     amended, an investigation be instituted
                                                  United States: Importing, selling,
                                                                                                          International Trade Commission on                     to determine whether there is a
                                                  marketing (including via the internet or
                                                                                                          March 13, 2017, under section 337 of                  violation of subsection (a)(1)(B) of
                                                  electronic mail), advertising (including
                                                                                                          the Tariff Act of 1930, as amended, on                section 337 in the importation into the
                                                  via the internet or electronic mail),
                                                                                                          behalf of Curlin Medical Inc. of East                 United States, the sale for importation,
                                                  distributing, offering for sale (including
                                                                                                          Aurora, New York; ZEVEX, Inc. of Salt                 or the sale within the United States after
                                                  via the internet or electronic mail),
                                                                                                          Lake City, Utah; and Moog Inc. of East                importation of certain intravascular
                                                  transferring (except for exportation), and
                                                  soliciting U.S. agents or distributors for,             Aurora, New York. The complaint                       administration sets and components
                                                  arrowheads with deploying blades and                    alleges violations of section 337 based               thereof by reason of infringement of one
                                                  components thereof and packaging                        upon the importation into the United                  or more of claims 1–3 of the ’732 patent
                                                  therefor that infringe one or more of                   States, the sale for importation, and the             and claims 1–34 of the ’921 patent, and
                                                  claims 38, 42, 48, 68, and 75 of the ’144               sale within the United States after                   whether an industry in the United
                                                  patent; claim 1 of the ’454 patent; claim               importation of certain intravascular                  States exists as required by subsection
                                                  1 of the ’298 patent; and the RAGE                      administration sets and components                    (a)(2) of section 337;
                                                  mark. Chairman Schmidtlein and                          thereof by reason of infringement of                     (2) For the purpose of the
                                                  Commissioner Kieff disagree with the                    certain claims of U.S. Patent No.                     investigation so instituted, the following
                                                  Commission’s decision not to issue                      6,164,921 (‘‘the ’921 patent’’) and U.S.              are hereby named as parties upon which
                                                  cease and desist orders against all of the              Patent No. 6,371,732 (‘‘the ’732 patent’’).           this notice of investigation shall be
                                                  defaulting respondents under section                    The complaint further alleges that an                 served:
                                                  337(g)(1), and Chairman Schmidtlein                     industry in the United States exists as                  (a) The complainants are:
                                                  has filed a dissenting opinion                          required by the applicable Federal                    Curlin Medical Inc., Seneca and Jamison
                                                  explaining her views.                                   Statute.                                                 Road, East Aurora, NY 14052.
                                                     The Commission further determined                       The complainants request that the                  ZEVEX, Inc., 4314 Zevex Park Lane, Salt
                                                  that the public interest factors                        Commission institute an investigation                    Lake City, UT 84123.
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                                                  enumerated in sections 337(d)(1) and                    and, after the investigation, issue a                 Moog Inc., 400 Jamison Road, East
                                                  (g)(1) (19 U.S.C. 1337(d)(1), (g)(1)) do                limited exclusion order and a cease and                  Aurora, NY 14052.
                                                  not preclude issuance of the general                    desist order.                                            (b) The respondent is the following
                                                  exclusion order or the cease and desist                 ADDRESSES: The complaint, except for                  entity alleged to be in violation of
                                                  order. Finally, the Commission                          any confidential information contained                section 337, and is the party upon
                                                  determined that there shall be a bond in                therein, is available for inspection                  which the complaint is to be served:
                                                  the amount of 100 percent of the entered                during official business hours (8:45 a.m.             Yangzhou WeiDeLi Trade Co., Ltd., No.


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Document Created: 2017-04-12 00:23:22
Document Modified: 2017-04-12 00:23:22
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.
ContactClint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-2310. 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 Citation82 FR 17689 

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