82 FR 19081 - Certain Dental Ceramics, Products Thereof, and Methods of Making the Same Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 78 (April 25, 2017)

Page Range		19081-19081
FR Document		2017-08259

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 17, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Ivoclar Vivadent AG of Schaan, Liechtenstein; Ivoclar Vivadent, Inc. of Amherst, New York; and Ardent, Inc. of Amherst, New York. A supplement to the complaint was filed on April 3, 2017. The complaint, as supplemented, 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 dental ceramics, products thereof, and methods of making the same by reason of infringement of certain claims of U.S. Patent No. 7,452,836 (``the '836 patent''); U.S. Patent No. 6,517,623 (``the '623 patent''); U.S. Patent No. 6,802,894 (``the '894 patent''); and U.S. Patent No. 6,455,451 (``the '451 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request 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 78 (Tuesday, April 25, 2017)

[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Page 19081]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08259]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1050]


Certain Dental Ceramics, Products Thereof, and Methods of Making 
the Same 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 March 17, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Ivoclar 
Vivadent AG of Schaan, Liechtenstein; Ivoclar Vivadent, Inc. of 
Amherst, New York; and Ardent, Inc. of Amherst, New York. A supplement 
to the complaint was filed on April 3, 2017. The complaint, as 
supplemented, 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 dental 
ceramics, products thereof, and methods of making the same by reason of 
infringement of certain claims of U.S. Patent No. 7,452,836 (``the '836 
patent''); U.S. Patent No. 6,517,623 (``the '623 patent''); U.S. Patent 
No. 6,802,894 (``the '894 patent''); and U.S. Patent No. 6,455,451 
(``the '451 patent''). The complaint further alleges that an industry 
in the United States exists as required by the applicable Federal 
Statute.
    The complainants request 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 Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 18, 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 dental 
ceramics, products thereof, and methods of making the same by reason of 
infringement of one or more of claims 1, 2, 4, 5, 7, 10, 12, 13, 15-19, 
and 22 of the '836 patent; claim 27 of the '623 patent; claims 1, 2, 4, 
12, 16, 21, 23, 38, and 39 of the '894 patent; and claims 3, 4, 17, 18, 
19, 30, 52, 53, and 61 of the '451 patent, and whether an industry in 
the United States exists as required by subsection (a)(2) of section 
337;
    (2) Pursuant to Commission Rule 210.50(b), 19 CFR 210.50(b)(1), the 
presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(e)(1), 
(f)(1), (g)(1);
    (3) 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 complainants are:

Ivoclar Vivadent AG, Benderestrasse 2, FL-9494, Schaan, Liechtenstein
Ivoclar Vivadent, Inc., 175 Pineview Drive, Amherst, NY 14228
Ardent, Inc., 175 Pineview Dr., Amherst, NY14228

    (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:

GC Corporation, 3-2-14 Hongo, Bunkyo-ku, Tokyo 113-0033 Japan
GC America, Inc., 3737 W. 127th Street, Alsip, IL 60803

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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: April 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-08259 Filed 4-24-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Notices 19081

No record keeping burden is known to terminal on (202) 205–1810. Persons Ivoclar Vivadent AG, Benderestrasse 2,
result from the proposed collection of with mobility impairments who will FL–9494, Schaan, Liechtenstein
information. need special assistance in gaining access Ivoclar Vivadent, Inc., 175 Pineview
By order of the Commission. to the Commission should contact the Drive, Amherst, NY 14228
Dated: April 19, 2017.
Office of the Secretary at (202) 205– Ardent, Inc., 175 Pineview Dr.,
2000. General information concerning Amherst, NY14228
Lisa R. Barton,
the Commission may also be obtained
Secretary to the Commission. by accessing its internet server at (b) The respondents are the following
[FR Doc. 2017–08258 Filed 4–24–17; 8:45 am] https://www.usitc.gov. The public entities alleged to be in violation of
BILLING CODE 7020–02–P record for this investigation may be section 337, and are the parties upon
viewed on the Commission’s electronic which the complaint is to be served:
docket (EDIS) at https://edis.usitc.gov. GC Corporation, 3–2–14 Hongo,
INTERNATIONAL TRADE
FOR FURTHER INFORMATION CONTACT: The Bunkyo-ku, Tokyo 113–0033 Japan
COMMISSION
Office of Unfair Import Investigations, GC America, Inc., 3737 W. 127th Street,
[Investigation No. 337–TA–1050] U.S. International Trade Commission, Alsip, IL 60803
telephone (202) 205–2560. (c) The Office of Unfair Import
Certain Dental Ceramics, Products
Thereof, and Methods of Making the SUPPLEMENTARY INFORMATION: Investigations, U.S. International Trade
Same Institution of Investigation Authority: The authority for Commission, 500 E Street SW., Suite
institution of this investigation is 401, Washington, DC 20436; and
AGENCY: U.S. International Trade contained in section 337 of the Tariff (4) For the investigation so instituted,
Commission. Act of 1930, as amended, 19 U.S.C. 1337 the Chief Administrative Law Judge,
ACTION: Notice. and in section 210.10 of the U.S. International Trade Commission,
Commission’s Rules of Practice and shall designate the presiding
SUMMARY: Notice is hereby given that a
Procedure, 19 CFR 210.10 (2017). Administrative Law Judge.
complaint was filed with the U.S.
International Trade Commission on Scope of Investigation: Having The Office of Unfair Import
March 17, 2017, under section 337 of considered the complaint, the U.S. Investigations will not participate as a
the Tariff Act of 1930, as amended, on International Trade Commission, on party in this investigation.
behalf of Ivoclar Vivadent AG of April 18, 2017, Ordered That— Responses to the complaint and the
Schaan, Liechtenstein; Ivoclar Vivadent, (1) Pursuant to subsection (b) of notice of investigation must be
Inc. of Amherst, New York; and Ardent, section 337 of the Tariff Act of 1930, as submitted by the named respondents in
Inc. of Amherst, New York. A amended, an investigation be instituted accordance with section 210.13 of the
supplement to the complaint was filed to determine whether there is a Commission’s Rules of Practice and
on April 3, 2017. The complaint, as violation of subsection (a)(1)(B) of Procedure, 19 CFR 210.13. Pursuant to
supplemented, alleges violations of section 337 in the importation into the 19 CFR 201.16(e) and 210.13(a), such
section 337 based upon the importation United States, the sale for importation, responses will be considered by the
into the United States, the sale for or the sale within the United States after Commission if received not later than 20
importation, and the sale within the importation of certain dental ceramics, days after the date of service by the
United States after importation of products thereof, and methods of Commission of the complaint and the
certain dental ceramics, products making the same by reason of notice of investigation. Extensions of
thereof, and methods of making the infringement of one or more of claims 1, time for submitting responses to the
same by reason of infringement of 2, 4, 5, 7, 10, 12, 13, 15–19, and 22 of complaint and the notice of
certain claims of U.S. Patent No. the ’836 patent; claim 27 of the ’623 investigation will not be granted unless
7,452,836 (‘‘the ’836 patent’’); U.S. patent; claims 1, 2, 4, 12, 16, 21, 23, 38, good cause therefor is shown.
Patent No. 6,517,623 (‘‘the ’623 patent’’); and 39 of the ’894 patent; and claims 3,
Failure of a respondent to file a timely
U.S. Patent No. 6,802,894 (‘‘the ’894 4, 17, 18, 19, 30, 52, 53, and 61 of the
response to each allegation in the
patent’’); and U.S. Patent No. 6,455,451 ’451 patent, and whether an industry in
complaint and in this notice may be
(‘‘the ’451 patent’’). The complaint the United States exists as required by
deemed to constitute a waiver of the
further alleges that an industry in the subsection (a)(2) of section 337;
right to appear and contest the
United States exists as required by the (2) Pursuant to Commission Rule allegations of the complaint and this
applicable Federal Statute. 210.50(b), 19 CFR 210.50(b)(1), the notice, and to authorize the
The complainants request that the presiding administrative law judge shall administrative law judge and the
Commission institute an investigation take evidence or other information and Commission, without further notice to
and, after the investigation, issue a hear arguments from the parties and the respondent, to find the facts to be as
limited exclusion order and cease and other interested persons with respect to alleged in the complaint and this notice
desist orders. the public interest in this investigation, and to enter an initial determination
ADDRESSES: The complaint, except for as appropriate, and provide the and a final determination containing
any confidential information contained Commission with findings of fact and a such findings, and may result in the
therein, is available for inspection recommended determination on this issuance of an exclusion order or a cease
during official business hours (8:45 a.m. issue, which shall be limited to the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

and desist order or both directed against
to 5:15 p.m.) in the Office of the statutory public interest factors set forth the respondent.
Secretary, U.S. International Trade in 19 U.S.C. 1337(e)(1), (f)(1), (g)(1);
(3) For the purpose of the By order of the Commission.
Commission, 500 E Street SW., Room
112, Washington, DC 20436, telephone investigation so instituted, the following Issued: April 19, 2017.
(202) 205–2000. Hearing impaired are hereby named as parties upon which Lisa R. Barton,
individuals are advised that information this notice of investigation shall be Secretary to the Commission.
on this matter can be obtained by served: [FR Doc. 2017–08259 Filed 4–24–17; 8:45 am]
contacting the Commission’s TDD (a) The complainants are: BILLING CODE 7020–02–P

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Document Created: 2017-04-25 02:18:30
Document Modified: 2017-04-25 02:18:30

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		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		82 FR 19081