82_FR_23160 82 FR 23064 - Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest and Bonding

82 FR 23064 - Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest and Bonding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 96 (May 19, 2017)

Page Range23064-23066
FR Document2017-10144

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (``ID'') issued by the presiding administrative law judge (``ALJ'') on March 13, 2017 (served on March 14, 2017), finding a violation of section 337 of the Tariff Act of 1930, as amended, as to the pending patent claims in this investigation.

Federal Register, Volume 82 Issue 96 (Friday, May 19, 2017)
[Federal Register Volume 82, Number 96 (Friday, May 19, 2017)]
[Notices]
[Pages 23064-23066]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10144]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-989]


Certain Automated Teller Machines, ATM Modules, Components 
Thereof, and Products Containing the Same; Notice of Commission 
Determination To Review in Part a Final Initial Determination Finding a 
Violation of Section 337; Schedule for Filing Written Submissions on 
the Issues Under Review and on Remedy, the Public Interest and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part the final initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') on March 13, 2017 (served on March 14, 2017), finding a 
violation of section 337 of the Tariff Act of 1930, as amended, as to 
the pending patent claims in this investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3042. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone 202-205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (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

[[Page 23065]]

this matter can be obtained by contacting the Commission's TDD terminal 
on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 14, 2016, based on a complaint filed by Nautilus Hyosung Inc. 
of Seoul, Republic of Korea and Nautilus Hyosung America Inc. of 
Irving, Texas (collectively, ``Nautilus''). 81 FR 13149 (Mar. 14, 
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 automated teller machines, ATM 
modules, components thereof, and products containing the same by reason 
of infringement of one or more of claims 1-3 and 5 of U.S. Patent No. 
7,891,551 (``the '551 patent''); claims 1 and 6 of U.S. Patent No. 
7,950,655 (``the '655 patent''); claims 1-4, 6, and 7 of U.S. Patent 
No. 8,152,165 (``the '165 patent''); and claims 1-3, 6, 8, and 9 of 
U.S. Patent No. 8,523,235 (``the '235 patent''). Id. The notice of 
investigation named the following respondents: Diebold, Incorporated of 
North Canton, Ohio and Diebold Self-Service Systems of North Canton, 
Ohio (collectively, ``Diebold''). Id. The Office of Unfair Import 
Investigations is not a party to the investigation.
    On June 30, 2016, the ALJ granted a motion by Nautilus to terminate 
the investigation as to all asserted claims of the '551 patent and the 
'165 patent. See Order No. 11 (June 30, 2016). The Commission 
determined not to review the ID. See Notice of non-review (July 27, 
2016).
    On July 21, 2016, the ALJ granted a motion by Nautilus to terminate 
the investigation as to all asserted claims of the '655 patent. See 
Order No. 17 (July 21, 2016). The Commission determined not to review 
the ID. See Notice of non-review (Aug. 16, 2016).
    On March 13, 2017, the ALJ issued his final ID, finding a violation 
of section 337 by Diebold in connection with claims 1-3, 6, 8, and 9 of 
the '235 patent. Specifically, the ALJ found that the Commission has 
subject matter jurisdiction, in rem jurisdiction over the accused 
products, and in personam jurisdiction over Diebold. ID at 9, 104-107. 
The ALJ also found that Nautilus satisfied the importation requirement 
of section 337 (19 U.S.C. 1337(a)(1)(B)). Id. The ALJ further found 
that Diebold's accused products directly infringe asserted claims 1-3, 
6, 8, and 9 of the '235 patent, and that Diebold also contributorily 
infringes those claims. See ID at 111-160, 163-172. The ALJ also found 
that Diebold failed to establish that the asserted claims of the '235 
are invalid for (1) indefiniteness (2) anticipation, or (3) 
obviousness. ID at 232-311. Finally, the ALJ found that Nautilus 
established the existence of a domestic industry that practices the 
asserted patents under 19 U.S.C. 1337(a)(2). See ID at 212.
    The final ID contains the ALJ's recommended determination on remedy 
and bonding. ID at 330-340. The ALJ recommends that in the event the 
Commission finds a violation of section 337, the Commission should 
issue a limited exclusion order prohibiting the importation of 
Diebold's automated teller machines, ATM modules, components thereof, 
and products containing the same that infringe the asserted claims of 
the '235 patent. ID at 335. The ALJ also recommends issuance of cease 
and desist orders based on the presence of Diebold's commercially 
significant inventory in the United States. ID at 338. With respect to 
the amount of bond that should be posted during the period of 
Presidential review, the ALJ recommends that the Commission set a bond 
in the amount of zero (i.e., no bond) during the period of Presidential 
review because Nautilus ``did not attempt any type of price 
comparison.'' ID at 341.
    On March 27, 2017, Diebold filed a petition for review of the ID, 
challenging a number of the ALJ's findings. See Respondents' Petition 
for Review and Contingent Petition for Review. Specifically, Diebold 
questions the ALJ's construction of certain claim limitations, 
infringement findings, and the ALJ's finding that asserted claims are 
not invalid. Id.
    On April 4, 2017, Nautilus filed a response to Diebold's petition 
for review. See Complainants' Response to Respondents' Petition for 
Review.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petition for review, and the response thereto, the 
Commission has determined to review the final ID in part. Specifically, 
the Commission has determined to review (1) the ALJ's finding that the 
accused products and domestic industry products satisfy the claim 
limitation ``a main transfer unit coupled to the bundle separator and 
configured to horizontally transfer the individual sheets of the 
banknotes along a main transfer path'' and (2) the ALJ's finding that 
certain prior art does not disclose the preamble to claim 1: 
``automatic depositing apparatus for automatically depositing a bundle 
of banknotes including at least one cheque.''
    In connection with its review, the Commission is interested in 
responses to the following question:

    1. Do the main transfer paths in the accused and domestic 
industry products deviate sufficiently from horizontal such that 
they do not fall within the claim limitation: ``a main transfer unit 
coupled to the bundle separator and configured to horizontally 
transfer the individual sheets of the banknotes along a main 
transfer path''? Please consider the doctrine of equivalents in your 
answer.

    The parties are requested to brief only the discrete issue above, 
with reference to the applicable law and evidentiary record. The 
parties are not to brief other issues on review, which are adequately 
presented in the parties' existing filings.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) 
(Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July

[[Page 23066]]

21, 2005. 70 FR 43251 (July 26, 2005). During this period, the subject 
articles would be entitled to enter the United States under bond, in an 
amount determined by the Commission and prescribed by the Secretary of 
the Treasury. The Commission is therefore interested in receiving 
submissions concerning the amount of the bond that should be imposed if 
a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested parties are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the recommended determination by the ALJ on 
remedy and bonding. Complainants are requested to submit proposed 
remedial orders for the Commission's consideration. Complainants are 
also requested to state the date that the patent expires and the HTSUS 
numbers under which the accused products are imported. Complainants are 
further requested to supply the names of known importers of the 
Nautilus products at issue in this investigation. The written 
submissions and proposed remedial orders must be filed no later than 
close of business on May 25, 2017. Reply submissions must be filed no 
later than the close of business on June 1, 2017. Opening submissions 
are limited to 50 pages. Reply submissions are limited to 25 pages. 
Such submissions should address the ALJ's recommended determinations on 
remedy and bonding. No further submissions on any of these issues will 
be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-989'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions 
regarding filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    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: May 15, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-10144 Filed 5-18-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                    23064                            Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Notices

                                                    contain any new factual information)                    alleged to be sold in the United States               completed and filed its determination in
                                                    pertinent to the review by June 29, 2017.               at less than fair value (‘‘LTFV’’).                   this investigation on May 15, 2017. The
                                                    If comments contain business                                                                                  views of the Commission are contained
                                                                                                            Commencement of Final Phase
                                                    proprietary information (BPI), they must                                                                      in USITC Publication 4694 (May 2017),
                                                                                                            Investigation
                                                    conform with the requirements of                                                                              entitled Carton Closing Staples from
                                                    sections 201.6, 207.3, and 207.7 of the                    Pursuant to section 207.18 of the                  China: Investigation No. 731–TA–1359
                                                    Commission’s rules. The Commission’s                    Commission’s rules, the Commission                    (Preliminary).
                                                    rules with respect to filing were revised               also gives notice of the commencement
                                                                                                                                                                    Issued: May 15, 2017.
                                                    effective July 25, 2014. See 79 FR 35920                of the final phase of its investigation.
                                                                                                            The Commission will issue a final phase                 By order of the Commission.
                                                    (June 25, 2014), and the revised
                                                                                                            notice of scheduling, which will be                   William R. Bishop,
                                                    Commission Handbook on E-filing,
                                                    available from the Commission’s Web                     published in the Federal Register as                  Supervisory Hearings and Information
                                                                                                            provided in section 207.21 of the                     Officer.
                                                    site at https://edis.usitc.gov.
                                                                                                            Commission’s rules, upon notice from                  [FR Doc. 2017–10142 Filed 5–18–17; 8:45 am]
                                                       In accordance with sections 201.16(c)                the Department of Commerce                            BILLING CODE 7020–02–P
                                                    and 207.3 of the rules, each document                   (‘‘Commerce’’) of an affirmative
                                                    filed by a party to the review must be                  preliminary determination in the
                                                    served on all other parties to the review               investigation under section 733(b) of the             INTERNATIONAL TRADE
                                                    (as identified by either the public or BPI              Act, or, if the preliminary determination             COMMISSION
                                                    service list), and a certificate of service             is negative, upon notice of an
                                                    must be timely filed. The Secretary will                                                                      [Investigation No. 337–TA–989]
                                                                                                            affirmative final determination in that
                                                    not accept a document for filing without                investigation under section 735(a) of the             Certain Automated Teller Machines,
                                                    a certificate of service.                               Act. Parties that filed entries of                    ATM Modules, Components Thereof,
                                                       Determination.—The Commission has                    appearance in the preliminary phase of                and Products Containing the Same;
                                                    determined these reviews are                            the investigation need not enter a                    Notice of Commission Determination
                                                    extraordinarily complicated and                         separate appearance for the final phase               To Review in Part a Final Initial
                                                    therefore has determined to exercise its                of the investigation. Industrial users,               Determination Finding a Violation of
                                                    authority to extend the review period by                and, if the merchandise under                         Section 337; Schedule for Filing
                                                    up to 90 days pursuant to 19 U.S.C.                     investigation is sold at the retail level,            Written Submissions on the Issues
                                                    1675(c)(5)(B).                                          representative consumer organizations                 Under Review and on Remedy, the
                                                      Authority: This review is being conducted             have the right to appear as parties in                Public Interest and Bonding
                                                    under authority of title VII of the Tariff Act          Commission antidumping and
                                                                                                            countervailing duty investigations. The               AGENCY: U.S. International Trade
                                                    of 1930; this notice is published pursuant to
                                                    section 207.62 of the Commission’s rules.               Secretary will prepare a public service               Commission.
                                                                                                            list containing the names and addresses               ACTION: Notice.
                                                      By order of the Commission.
                                                                                                            of all persons, or their representatives,
                                                      Issued: May 15, 2017.                                                                                       SUMMARY:     Notice is hereby given that
                                                                                                            who are parties to the investigation.
                                                    William R. Bishop,                                                                                            the U.S. International Trade
                                                    Supervisory Hearings and Information                    Background                                            Commission has determined to review
                                                    Officer.                                                   On March 31, 2017, North American                  in part the final initial determination
                                                    [FR Doc. 2017–10143 Filed 5–18–17; 8:45 am]             Steel & Wire/ISM Enterprises (‘‘ISM’’),               (‘‘ID’’) issued by the presiding
                                                    BILLING CODE 7020–02–P                                  Butler, Pennsylvania filed petitions with             administrative law judge (‘‘ALJ’’) on
                                                                                                            the Commission and Commerce,                          March 13, 2017 (served on March 14,
                                                                                                            alleging that an industry in the United               2017), finding a violation of section 337
                                                    INTERNATIONAL TRADE                                     States is materially injured by reason of             of the Tariff Act of 1930, as amended,
                                                    COMMISSION                                              LTFV imports of carton closing staples                as to the pending patent claims in this
                                                                                                            from China. Accordingly, effective                    investigation.
                                                    [Investigation No. 731–TA–1359                          March 31, 2017, the Commission,                       FOR FURTHER INFORMATION CONTACT:
                                                    (Preliminary)]                                          pursuant to section 733(a) of the Act (19             Panyin A. Hughes, Office of the General
                                                                                                            U.S.C. 1673b(a)), instituted antidumping              Counsel, U.S. International Trade
                                                    Carton Closing Staples From China                       duty investigation No. 731–TA–1359                    Commission, 500 E Street SW.,
                                                                                                            (Preliminary).                                        Washington, DC 20436, telephone 202–
                                                    Determination                                                                                                 205–3042. Copies of non-confidential
                                                                                                               Notice of the institution of the
                                                       On the basis of the record 1 developed               Commission’s investigation and of a                   documents filed in connection with this
                                                    in the subject investigation, the United                public conference to be held in                       investigation are or will be available for
                                                    States International Trade Commission                   connection therewith was given by                     inspection during official business
                                                    (‘‘Commission’’) determines, pursuant                   posting copies of the notice in the Office            hours (8:45 a.m. to 5:15 p.m.) in the
                                                    to the Tariff Act of 1930 (‘‘the Act’’),                of the Secretary, U.S. International                  Office of the Secretary, U.S.
                                                    that there is a reasonable indication that              Trade Commission, Washington, DC,                     International Trade Commission, 500 E
                                                    an industry in the United States is                     and by publishing the notice in the                   Street SW., Washington, DC 20436,
                                                                                                            Federal Register of April 7, 2017 (82 FR              telephone 202–205–2000. General
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    materially injured by reason of imports
                                                    of carton closing staples from China,                   17036). The conference was held in                    information concerning the Commission
                                                    provided for in subheadings 8305.20                     Washington, DC, on April 20, 2017, and                may also be obtained by accessing its
                                                    and 7317.00 of the Harmonized Tariff                    all persons who requested the                         Internet server (https://www.usitc.gov).
                                                    Schedule of the United States, that are                 opportunity were permitted to appear in               The public record for this investigation
                                                                                                            person or by counsel.                                 may be viewed on the Commission’s
                                                      1 The record is defined in sec. 207.2(f) of the          The Commission made this                           electronic docket (EDIS) at https://
                                                    Commission’s Rules of Practice and Procedure (19        determination pursuant to section                     edis.usitc.gov. Hearing-impaired
                                                    CFR 207.2(f)).                                          733(a) of the Act (19 U.S.C. 1673b(a)). It            persons are advised that information on


                                               VerDate Sep<11>2014   19:15 May 18, 2017   Jkt 241001   PO 00000   Frm 00112   Fmt 4703   Sfmt 4703   E:\FR\FM\19MYN1.SGM   19MYN1


                                                                                     Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Notices                                               23065

                                                    this matter can be obtained by                          See ID at 111–160, 163–172. The ALJ                     In connection with its review, the
                                                    contacting the Commission’s TDD                         also found that Diebold failed to                     Commission is interested in responses
                                                    terminal on 202–205–1810.                               establish that the asserted claims of the             to the following question:
                                                    SUPPLEMENTARY INFORMATION: The                          ’235 are invalid for (1) indefiniteness (2)              1. Do the main transfer paths in the
                                                    Commission instituted this investigation                anticipation, or (3) obviousness. ID at               accused and domestic industry products
                                                    on March 14, 2016, based on a                           232–311. Finally, the ALJ found that                  deviate sufficiently from horizontal such that
                                                    complaint filed by Nautilus Hyosung                     Nautilus established the existence of a               they do not fall within the claim limitation:
                                                                                                            domestic industry that practices the                  ‘‘a main transfer unit coupled to the bundle
                                                    Inc. of Seoul, Republic of Korea and
                                                                                                            asserted patents under 19 U.S.C.                      separator and configured to horizontally
                                                    Nautilus Hyosung America Inc. of                                                                              transfer the individual sheets of the
                                                    Irving, Texas (collectively, ‘‘Nautilus’’).             1337(a)(2). See ID at 212.
                                                                                                                                                                  banknotes along a main transfer path’’?
                                                    81 FR 13149 (Mar. 14, 2016). The                           The final ID contains the ALJ’s
                                                                                                                                                                  Please consider the doctrine of equivalents in
                                                    complaint alleges violations of section                 recommended determination on remedy                   your answer.
                                                    337 of the Tariff Act of 1930, as                       and bonding. ID at 330–340. The ALJ
                                                                                                            recommends that in the event the                         The parties are requested to brief only
                                                    amended (19 U.S.C. 1337), in the                                                                              the discrete issue above, with reference
                                                    importation into the United States, the                 Commission finds a violation of section
                                                                                                            337, the Commission should issue a                    to the applicable law and evidentiary
                                                    sale for importation, and the sale within                                                                     record. The parties are not to brief other
                                                    the United States after importation of                  limited exclusion order prohibiting the
                                                                                                            importation of Diebold’s automated                    issues on review, which are adequately
                                                    certain automated teller machines, ATM                                                                        presented in the parties’ existing filings.
                                                                                                            teller machines, ATM modules,
                                                    modules, components thereof, and                                                                                 In connection with the final
                                                                                                            components thereof, and products
                                                    products containing the same by reason                                                                        disposition of this investigation, the
                                                                                                            containing the same that infringe the
                                                    of infringement of one or more of claims                                                                      Commission may (1) issue an order that
                                                                                                            asserted claims of the ’235 patent. ID at
                                                    1–3 and 5 of U.S. Patent No. 7,891,551                                                                        could result in the exclusion of the
                                                                                                            335. The ALJ also recommends issuance
                                                    (‘‘the ’551 patent’’); claims 1 and 6 of                                                                      subject articles from entry into the
                                                                                                            of cease and desist orders based on the
                                                    U.S. Patent No. 7,950,655 (‘‘the ’655                                                                         United States, and/or (2) issue one or
                                                                                                            presence of Diebold’s commercially
                                                    patent’’); claims 1–4, 6, and 7 of U.S.                                                                       more cease and desist orders that could
                                                                                                            significant inventory in the United
                                                    Patent No. 8,152,165 (‘‘the ’165 patent’’);                                                                   result in the respondent being required
                                                                                                            States. ID at 338. With respect to the
                                                    and claims 1–3, 6, 8, and 9 of U.S.                                                                           to cease and desist from engaging in
                                                                                                            amount of bond that should be posted
                                                    Patent No. 8,523,235 (‘‘the ’235 patent’’).             during the period of Presidential review,             unfair acts in the importation and sale
                                                    Id. The notice of investigation named                   the ALJ recommends that the                           of such articles. Accordingly, the
                                                    the following respondents: Diebold,                     Commission set a bond in the amount                   Commission is interested in receiving
                                                    Incorporated of North Canton, Ohio and                  of zero (i.e., no bond) during the period             written submissions that address the
                                                    Diebold Self-Service Systems of North                   of Presidential review because Nautilus               form of remedy, if any, that should be
                                                    Canton, Ohio (collectively, ‘‘Diebold’’).               ‘‘did not attempt any type of price                   ordered. If a party seeks exclusion of an
                                                    Id. The Office of Unfair Import                         comparison.’’ ID at 341.                              article from entry into the United States
                                                    Investigations is not a party to the                       On March 27, 2017, Diebold filed a                 for purposes other than entry for
                                                    investigation.                                          petition for review of the ID, challenging            consumption, the party should so
                                                       On June 30, 2016, the ALJ granted a                  a number of the ALJ’s findings. See                   indicate and provide information
                                                    motion by Nautilus to terminate the                     Respondents’ Petition for Review and                  establishing that activities involving
                                                    investigation as to all asserted claims of              Contingent Petition for Review.                       other types of entry either are adversely
                                                    the ’551 patent and the ’165 patent. See                Specifically, Diebold questions the                   affecting it or likely to do so. For
                                                    Order No. 11 (June 30, 2016). The                       ALJ’s construction of certain claim                   background, see Certain Devices for
                                                    Commission determined not to review                     limitations, infringement findings, and               Connecting Computers via Telephone
                                                    the ID. See Notice of non-review (July                  the ALJ’s finding that asserted claims                Lines, Inv. No. 337–TA–360, USITC
                                                    27, 2016).                                              are not invalid. Id.                                  Pub. No. 2843 (December 1994)
                                                       On July 21, 2016, the ALJ granted a                     On April 4, 2017, Nautilus filed a                 (Commission Opinion).
                                                    motion by Nautilus to terminate the                     response to Diebold’s petition for                       If the Commission contemplates some
                                                    investigation as to all asserted claims of              review. See Complainants’ Response to                 form of remedy, it must consider the
                                                    the ’655 patent. See Order No. 17 (July                 Respondents’ Petition for Review.                     effects of that remedy upon the public
                                                    21, 2016). The Commission determined                       Having examined the record of this                 interest. The factors the Commission
                                                    not to review the ID. See Notice of non-                investigation, including the ALJ’s final              will consider include the effect that an
                                                    review (Aug. 16, 2016).                                 ID, the petition for review, and the                  exclusion order and/or cease and desist
                                                       On March 13, 2017, the ALJ issued his                response thereto, the Commission has                  orders would have on (1) the public
                                                    final ID, finding a violation of section                determined to review the final ID in                  health and welfare, (2) competitive
                                                    337 by Diebold in connection with                       part. Specifically, the Commission has                conditions in the U.S. economy, (3) U.S.
                                                    claims 1–3, 6, 8, and 9 of the ’235                     determined to review (1) the ALJ’s                    production of articles that are like or
                                                    patent. Specifically, the ALJ found that                finding that the accused products and                 directly competitive with those that are
                                                    the Commission has subject matter                       domestic industry products satisfy the                subject to investigation, and (4) U.S.
                                                    jurisdiction, in rem jurisdiction over the              claim limitation ‘‘a main transfer unit               consumers. The Commission is
                                                    accused products, and in personam                       coupled to the bundle separator and                   therefore interested in receiving written
                                                    jurisdiction over Diebold. ID at 9, 104–                configured to horizontally transfer the               submissions that address the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    107. The ALJ also found that Nautilus                   individual sheets of the banknotes along              aforementioned public interest factors
                                                    satisfied the importation requirement of                a main transfer path’’ and (2) the ALJ’s              in the context of this investigation.
                                                    section 337 (19 U.S.C. 1337(a)(1)(B)). Id.              finding that certain prior art does not                  If the Commission orders some form
                                                    The ALJ further found that Diebold’s                    disclose the preamble to claim 1:                     of remedy, the U.S. Trade
                                                    accused products directly infringe                      ‘‘automatic depositing apparatus for                  Representative, as delegated by the
                                                    asserted claims 1–3, 6, 8, and 9 of the                 automatically depositing a bundle of                  President, has 60 days to approve or
                                                    ’235 patent, and that Diebold also                      banknotes including at least one                      disapprove the Commission’s action.
                                                    contributorily infringes those claims.                  cheque.’’                                             See Presidential Memorandum of July


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                                                    23066                            Federal Register / Vol. 82, No. 96 / Friday, May 19, 2017 / Notices

                                                    21, 2005. 70 FR 43251 (July 26, 2005).                  directed to the Secretary to the                      rules-policies/records-and-archives-
                                                    During this period, the subject articles                Commission and must include a full                    rules-committees/agenda-books.
                                                    would be entitled to enter the United                   statement of the reasons why the                      DATES: June 12–13, 2017.
                                                    States under bond, in an amount                         Commission should grant such                          TIME:
                                                    determined by the Commission and                        treatment. See 19 CFR 201.6. Documents                June 12—1:30 p.m.–5:00 p.m.
                                                    prescribed by the Secretary of the                      for which confidential treatment by the               June 13—8:30 a.m.–3:00 p.m.
                                                    Treasury. The Commission is therefore                   Commission is properly sought will be
                                                    interested in receiving submissions                                                                           ADDRESSES: Thurgood Marshall Federal
                                                                                                            treated accordingly. All information,
                                                    concerning the amount of the bond that                  including confidential business                       Judiciary Building, Mecham Conference
                                                    should be imposed if a remedy is                        information and documents for which                   Center, Administrative Office of the
                                                    ordered.                                                confidential treatment is properly                    United States Courts, One Columbus
                                                       Written Submissions: The parties to                  sought, submitted to the Commission for               Circle NE., Washington, DC 20544.
                                                    the investigation are requested to file                 purposes of this Investigation may be                 FOR FURTHER INFORMATION CONTACT:
                                                    written submissions on the issues                       disclosed to and used: (i) By the                     Rebecca A. Womeldorf, Rules
                                                    identified in this notice. Parties to the               Commission, its employees and Offices,                Committee Secretary, Rules Committee
                                                    investigation, interested government                    and contract personnel (a) for                        Support Office, Administrative Office of
                                                    agencies, and any other interested                      developing or maintaining the records                 the United States Courts, Washington,
                                                    parties are encouraged to file written                  of this or a related proceeding, or (b) in            DC 20544, telephone (202) 502–1820.
                                                    submissions on the issues of remedy,                    internal investigations, audits, reviews,               Dated: May 15, 2017.
                                                    the public interest, and bonding. Such                  and evaluations relating to the                       Rebecca A. Womeldorf,
                                                    submissions should address the                          programs, personnel, and operations of                Rules Committee Secretary.
                                                    recommended determination by the ALJ                    the Commission including under 5
                                                    on remedy and bonding. Complainants                                                                           [FR Doc. 2017–10151 Filed 5–18–17; 8:45 am]
                                                                                                            U.S.C. Appendix 3; or (ii) by U.S.
                                                    are requested to submit proposed                        government employees and contract
                                                                                                                                                                  BILLING CODE 2210–55–P
                                                    remedial orders for the Commission’s                    personnel,1 solely for cybersecurity
                                                    consideration. Complainants are also                    purposes. All nonconfidential written
                                                    requested to state the date that the                    submissions will be available for public              DEPARTMENT OF JUSTICE
                                                    patent expires and the HTSUS numbers                    inspection at the Office of the Secretary
                                                    under which the accused products are                                                                          Drug Enforcement Administration
                                                                                                            and on EDIS.
                                                    imported. Complainants are further                         The authority for the Commission’s                 [Docket No. DEA–392]
                                                    requested to supply the names of known                  determination is contained in section
                                                    importers of the Nautilus products at                   337 of the Tariff Act of 1930, as                     Bulk Manufacturer of Controlled
                                                    issue in this investigation. The written                amended (19 U.S.C. 1337), and in Part                 Substances Application: Insys
                                                    submissions and proposed remedial                       210 of the Commission’s Rules of                      Manufacturing, LLC
                                                    orders must be filed no later than close                Practice and Procedure (19 CFR part
                                                    of business on May 25, 2017. Reply                      210).                                                 ACTION:   Notice of application.
                                                    submissions must be filed no later than
                                                    the close of business on June 1, 2017.                    By order of the Commission.                         DATES:  Registered bulk manufacturers of
                                                    Opening submissions are limited to 50                     Issued: May 15, 2017.                               the affected basic classes, and
                                                    pages. Reply submissions are limited to                 William R. Bishop,                                    applicants therefore, may file written
                                                    25 pages. Such submissions should                       Supervisory Hearings and Information                  comments on or objections to the
                                                    address the ALJ’s recommended                           Officer.                                              issuance of the proposed registration in
                                                    determinations on remedy and bonding.                   [FR Doc. 2017–10144 Filed 5–18–17; 8:45 am]           accordance with 21 CFR 1301.33(a) on
                                                    No further submissions on any of these                  BILLING CODE 7020–02–P                                or before July 18, 2017.
                                                    issues will be permitted unless                                                                               ADDRESSES: Written comments should
                                                    otherwise ordered by the Commission.                                                                          be sent to: Drug Enforcement
                                                       Persons filing written submissions                                                                         Administration, Attention: DEA Federal
                                                    must file the original document                         JUDICIAL CONFERENCE OF THE
                                                                                                            UNITED STATES                                         Register Representative/DRW, 8701
                                                    electronically on or before the deadlines                                                                     Morrissette Drive, Springfield, Virginia
                                                    stated above and submit eight true paper                Meeting of the Judicial Conference;                   22152.
                                                    copies to the Office of the Secretary by                Committee on Rules of Practice and
                                                    noon the next day pursuant to section                                                                         SUPPLEMENTARY INFORMATION:      The
                                                                                                            Procedure                                             Attorney General has delegated his
                                                    210.4(f) of the Commission’s Rules of
                                                    Practice and Procedure (19 CFR                          AGENCY:  Committee on Rules of Practice               authority under the Controlled
                                                    210.4(f)). Submissions should refer to                  and Procedure, Judicial Conference of                 Substances Act to the Administrator of
                                                    the investigation number (‘‘Inv. No.                    the United States.                                    the Drug Enforcement Administration
                                                    337–TA–989’’) in a prominent place on                   ACTION: Notice of open meeting.                       (DEA), 28 CFR 0.100(b). Authority to
                                                    the cover page and/or the first page. (See                                                                    exercise all necessary functions with
                                                    Handbook for Electronic Filing                          SUMMARY:   The Committee on Rules of                  respect to the promulgation and
                                                    Procedures, http://www.usitc.gov/                       Practice and Procedure will hold a                    implementation of 21 CFR part 1301,
                                                    secretary/fed_reg_notices/rules/                                                                              incident to the registration of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            meeting on June 12–13, 2017. The
                                                    handbook_on_electronic_filing.pdf).                     meeting will be open to public                        manufacturers, distributors, dispensers,
                                                    Persons with questions regarding filing                 observation but not participation. An                 importers, and exporters of controlled
                                                    should contact the Secretary (202–205–                  agenda and supporting materials will be               substances (other than final orders in
                                                    2000).                                                  posted at least 7 days in advance of the              connection with suspension, denial, or
                                                       Any person desiring to submit a                      meeting at: http://www.uscourts.gov/                  revocation of registration) has been
                                                    document to the Commission in                                                                                 redelegated to the Assistant
                                                    confidence must request confidential                      1 All contract personnel will sign appropriate      Administrator of the DEA Diversion
                                                    treatment. All such requests should be                  nondisclosure agreements.                             Control Division (‘‘Assistant


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Document Created: 2018-11-08 08:47:56
Document Modified: 2018-11-08 08:47:56
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.
ContactPanyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-3042. Copies of non- confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (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 23064 

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