82 FR 23591 - Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof; Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range		23591-23592
FR Document		2017-10518

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined to grant a joint motion to terminate the above-captioned investigation based on a settlement agreement.

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)

[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23591-23592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10518]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-968]


Certain Radiotherapy Systems and Treatment Planning Software, and 
Components Thereof; Commission Determination To Grant a Joint Motion To 
Terminate the Investigation on the Basis of a Settlement Agreement; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined to grant a joint motion 
to terminate the above-captioned investigation based on a settlement 
agreement.

FOR FURTHER INFORMATION, CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone 202-205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on 202-205-
1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 30, 2015, based on a complaint filed by Varian Medical 
Systems, Inc. of Palo Alto, California; and Varian Medical Systems 
International AG of ZG, Switzerland (collectively, ``Varian''). 80 FR 
66934 (Oct. 30, 2015). The complaint alleges violations of section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 
337''), in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain radiotherapy systems and treatment planning software, and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 7,945,021 (``the '021 patent''); 8,116,430 (``the '430 
patent''); 8,867,703 (``the '703 patent''); 7,880,154 (``the '154 
patent''); 7,906,770 (``the '770 patent''); and 8,696,538 (``the '538 
patent''). Id. The notice of investigation named as respondents Elekta 
AB of Stockholm, Sweden; Elekta Ltd. of Crawley, United Kingdom; Elekta 
GmbH of Hamburg, Germany; Elekta Inc. of Atlanta, Georgia; IMPAC 
Medical Systems, Inc. of Sunnyvale, California; Elekta Instrument 
(Shanghai) Limited of Shanghai, China; and Elekta Beijing Medical 
Systems Co. Ltd. of Beijing, China (collectively, ``Elekta''). The 
Office of Unfair Import Investigations (``OUII'') also was named as a 
party to the investigation. Id.
    Prior to the evidentiary hearing, Varian withdrew its allegations 
as to certain patent claims and also added additional claims. See 
Notice of Commission Determination Not to Review an Initial 
Determination Granting a Motion to Amend the Complaint and Notice of 
Investigation (Apr. 4, 2016). Varian proceeded at the evidentiary 
hearing on the following patents and claims: claims 1, 4, 9, and 15 of 
the '021 patent; claims 6 and 18 of the '430 patent; claim 1 of the 
'703 patent; claims 23 and 26 of the '154 patent; claims 61, 67, and 68 
of the '770 patent; and claims 26 and 41 of the '538 patent.
    On October 27, 2016, the administrative law judge (the ``ALJ'') 
issued his final initial determination (the ``Final ID''), which found 
a violation of section 337 by Elekta as to claims 23 and 26 of the '154 
patent; claims 26 and 41 of the '538 patent; and claim 67 of the '770 
patent. The Final ID found no violation of section 337 in connection 
with claim 61 of the '770 patent; claims 1, 4, 9, and 15 of the '021 
patent; claims 6 and 18 of the '430 patent; and claim 1 of the '703 
patent. See Final ID at 462-63. The parties each petitioned for review 
of the Final ID. On January 13, 2017, the Commission determined to 
review the Final ID's conclusion that the claims asserted for 
infringement and/or domestic industry of the '154 patent, the '770 
patent, and the '538 patent are not invalid as obvious. 82 FR 7856 
(Jan. 23, 2017). As to this issue, the Commission remanded the 
investigation to the ALJ. Id. The Commission also determined to review 
the Final ID's determinations regarding (1) the obviousness of the 
asserted claims of the '021 patent, the '430 patent, and the '703 
patent; (2) the claim construction of the claim term ``communications 
network,'' as found in the asserted claims of the '021 and '430 
patents; (3) the anticipation of claim 18 of the '430 patent by the 
Jaffray MICCAI 2001 reference; and (4) the infringement of claim 18 of 
the '430 patent and the asserted claims of the '154, '538, and '770 
patents. Id. On March 31, 2017, the ALJ issued his remand initial 
determination (the ``Remand ID''), finding the claims subject to the 
remand to be nonobvious. Remand ID at 27.
    On April 14, 2017, the private parties filed a Joint Motion to 
Terminate the Investigation Based on a Settlement Agreement (the 
``Motion'') and a confidential and a public version of the settlement 
agreement (the

[[Page 23592]]

``Agreement''). On April 25, 2017, OUII filed a response supporting the 
Motion.
    The Commission has determined that the Motion complies with the 
requirements of section 210.21(b)(1) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.21(b)(1)), and that there are no 
extraordinary circumstances that would prevent the requested 
termination. The Commission also finds that granting the Motion would 
not be contrary to the public interest pursuant to section 210.50(b)(2) 
of the Commission's Rules of Practice and Procedure (19 CFR 
210.50(b)(2)). Accordingly, the Commission hereby grants the Motion. 
This investigation is terminated.
    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 18, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-10518 Filed 5-22-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices 23591

CBPL No. ASTM Title

27–05 ........... D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration.
27–06 ........... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method.
27–13 ........... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluores-
cence Spectrometry.

Anyone wishing to employ this entity to inspection during official business Review an Initial Determination
conduct laboratory analyses and gauger hours (8:45 a.m. to 5:15 p.m.) in the Granting a Motion to Amend the
services should request and receive Office of the Secretary, U.S. Complaint and Notice of Investigation
written assurances from the entity that International Trade Commission, 500 E (Apr. 4, 2016). Varian proceeded at the
it is accredited or approved by the U.S. Street SW., Washington, DC 20436, evidentiary hearing on the following
Customs and Border Protection to telephone 202–205–2000. General patents and claims: claims 1, 4, 9, and
conduct the specific test or gauger information concerning the Commission 15 of the ’021 patent; claims 6 and 18
service requested. Alternatively, may also be obtained by accessing its of the ’430 patent; claim 1 of the ’703
inquiries regarding the specific test or Internet server (https://www.usitc.gov). patent; claims 23 and 26 of the ’154
gauger service this entity is accredited The public record for this investigation patent; claims 61, 67, and 68 of the ’770
or approved to perform may be directed may be viewed on the Commission’s patent; and claims 26 and 41 of the ’538
to the U.S. Customs and Border electronic docket (EDIS) at https:// patent.
Protection by calling (202) 344–1060. edis.usitc.gov. Hearing-impaired On October 27, 2016, the
The inquiry may also be sent to persons are advised that information on administrative law judge (the ‘‘ALJ’’)
CBPGaugersLabs@cbp.dhs.gov. Please this matter can be obtained by issued his final initial determination
reference the Web site listed below for contacting the Commission’s TDD (the ‘‘Final ID’’), which found a
a complete listing of CBP approved terminal on 202–205–1810. violation of section 337 by Elekta as to
gaugers and accredited laboratories. SUPPLEMENTARY INFORMATION: The claims 23 and 26 of the ’154 patent;
http://www.cbp.gov/about/labs- Commission instituted this investigation claims 26 and 41 of the ’538 patent; and
scientific/commercial-gaugers-and- on October 30, 2015, based on a claim 67 of the ’770 patent. The Final
laboratories complaint filed by Varian Medical ID found no violation of section 337 in
Dated: May 11, 2017. Systems, Inc. of Palo Alto, California; connection with claim 61 of the ’770
Ira S. Reese, and Varian Medical Systems patent; claims 1, 4, 9, and 15 of the ’021
Executive Director, Laboratories and International AG of ZG, Switzerland patent; claims 6 and 18 of the ’430
Scientific Services Directorate. (collectively, ‘‘Varian’’). 80 FR 66934 patent; and claim 1 of the ’703 patent.
[FR Doc. 2017–10055 Filed 5–22–17; 8:45 am] (Oct. 30, 2015). The complaint alleges See Final ID at 462–63. The parties each
BILLING CODE 9111–14–P violations of section 337 of the Tariff petitioned for review of the Final ID. On
Act of 1930, as amended, 19 U.S.C. 1337 January 13, 2017, the Commission
(‘‘section 337’’), in the importation into determined to review the Final ID’s
INTERNATIONAL TRADE the United States, the sale for conclusion that the claims asserted for
COMMISSION importation, or the sale within the infringement and/or domestic industry
United States after importation of of the ’154 patent, the ’770 patent, and
[Investigation No. 337–TA–968] certain radiotherapy systems and the ’538 patent are not invalid as
treatment planning software, and obvious. 82 FR 7856 (Jan. 23, 2017). As
Certain Radiotherapy Systems and to this issue, the Commission remanded
components thereof by reason of
Treatment Planning Software, and the investigation to the ALJ. Id. The
infringement of certain claims of U.S.
Components Thereof; Commission Commission also determined to review
Patent Nos. 7,945,021 (‘‘the ’021
Determination To Grant a Joint Motion the Final ID’s determinations regarding
patent’’); 8,116,430 (‘‘the ’430 patent’’);
To Terminate the Investigation on the (1) the obviousness of the asserted
8,867,703 (‘‘the ’703 patent’’); 7,880,154
Basis of a Settlement Agreement; claims of the ’021 patent, the ’430
(‘‘the ’154 patent’’); 7,906,770 (‘‘the ’770
Termination of the Investigation patent, and the ’703 patent; (2) the claim
patent’’); and 8,696,538 (‘‘the ’538
AGENCY: U.S. International Trade patent’’). Id. The notice of investigation construction of the claim term
Commission. named as respondents Elekta AB of ‘‘communications network,’’ as found in
ACTION: Notice. Stockholm, Sweden; Elekta Ltd. of the asserted claims of the ’021 and ’430
Crawley, United Kingdom; Elekta GmbH patents; (3) the anticipation of claim 18
SUMMARY: Notice is hereby given that of Hamburg, Germany; Elekta Inc. of of the ’430 patent by the Jaffray MICCAI
the U.S. International Trade Atlanta, Georgia; IMPAC Medical 2001 reference; and (4) the infringement
Commission (the ‘‘Commission’’) has Systems, Inc. of Sunnyvale, California; of claim 18 of the ’430 patent and the
determined to grant a joint motion to Elekta Instrument (Shanghai) Limited of asserted claims of the ’154, ’538, and
terminate the above-captioned Shanghai, China; and Elekta Beijing ’770 patents. Id. On March 31, 2017, the
investigation based on a settlement Medical Systems Co. Ltd. of Beijing, ALJ issued his remand initial
agreement. China (collectively, ‘‘Elekta’’). The determination (the ‘‘Remand ID’’),
FOR FURTHER INFORMATION, CONTACT: Ron Office of Unfair Import Investigations finding the claims subject to the remand
sradovich on DSK3GMQ082PROD with NOTICES

Traud, Office of the General Counsel, (‘‘OUII’’) also was named as a party to to be nonobvious. Remand ID at 27.
U.S. International Trade Commission, the investigation. Id. On April 14, 2017, the private parties
500 E Street SW., Washington, DC Prior to the evidentiary hearing, filed a Joint Motion to Terminate the
20436, telephone (202) 205–3427. Varian withdrew its allegations as to Investigation Based on a Settlement
Copies of non-confidential documents certain patent claims and also added Agreement (the ‘‘Motion’’) and a
filed in connection with this additional claims. See Notice of confidential and a public version of the
investigation are or will be available for Commission Determination Not to settlement agreement (the

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23592 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices

‘‘Agreement’’). On April 25, 2017, OUII and imports of the subject merchandise INTERNATIONAL TRADE
filed a response supporting the Motion. subsidized by the government of Korea.2 COMMISSION
The Commission has determined that
the Motion complies with the Background [Investigation No. 337–TA–1057]
requirements of section 210.21(b)(1) of The Commission, pursuant to section Certain Robotic Vacuum Cleaning
the Commission’s Rules of Practice and 735(b) of the Act (19 U.S.C. 1673d(b)), Devices and Components Thereof
Procedure (19 CFR 210.21(b)(1)), and instituted these investigations effective Such as Spare Parts; Institution of
that there are no extraordinary
April 8, 2016, following receipt of Investigation
circumstances that would prevent the
petitions filed with the Commission and
requested termination. The Commission AGENCY: U.S. International Trade
Commerce by ArcelorMittal USA LLC
also finds that granting the Motion Commission.
would not be contrary to the public (Chicago, Illinois), Nucor Corporation
(Charlotte, North Carolina), and SSAB ACTION: Notice.
interest pursuant to section 210.50(b)(2)
of the Commission’s Rules of Practice Enterprises, LLC (Lisle, Illinois). The SUMMARY: Notice is hereby given that a
and Procedure (19 CFR 210.50(b)(2)). Commission scheduled the final phase complaint was filed with the U.S.
Accordingly, the Commission hereby of the investigations following International Trade Commission on
grants the Motion. This investigation is notification of preliminary April 18, 2017, under section 337 of the
terminated. determinations by Commerce that Tariff Act of 1930, as amended, on
The authority for the Commission’s imports of carbon and alloy steel cut-to- behalf of iRobot Corporation of Bedford,
determination is contained in section length plate from Austria, Belgium, Massachusetts. A supplement was filed
337 of the Tariff Act of 1930, as France, Germany, Italy, Japan, Korea, on April 28, 2017. The complaint, as
amended (19 U.S.C. 1337), and in part and Taiwan were being sold at LTFV supplemented, alleges violations of
210 of the Commission’s Rules of within the meaning of section 733(b) of section 337 based upon the importation
Practice and Procedure (19 CFR part the Act (19 U.S.C. 1673b(b)). Notice of into the United States, the sale for
210). the scheduling of the final phase of the importation, and the sale within the
By order of the Commission. Commission’s investigations and of a United States after importation of
Issued: May 18, 2017. public hearing to be held in connection certain vacuum cleaning devices and
therewith was given by posting copies components thereof such as spare parts
Lisa R. Barton,
of the notice in the Office of the by reason of infringement of certain
Secretary to the Commission. claims of U.S. Patent No. 6,809,490
[FR Doc. 2017–10518 Filed 5–22–17; 8:45 am]
Secretary, U.S. International Trade
Commission, Washington, DC, and by (‘‘the ’490 patent’’); U.S. Patent No.
BILLING CODE 7020–02–P
publishing the notice in the Federal 7,155,308 (‘‘the ’308 patent’’); U.S.
Register of October 12, 2016 (81 FR Patent No. 8,474,090 (‘‘the ’090 patent’’);
U.S. Patent No. 8,600,553 (‘‘the ’553
INTERNATIONAL TRADE 70440). The hearing was held in
patent’’); U.S. Patent No. 9,038,233 (‘‘the
COMMISSION Washington, DC, on November 30, 2016,
’233 patent’’); and U.S. Patent No.
and all persons who requested the 9,486,924 (‘‘the ’924 patent’’). The
[Investigation Nos. 701–TA–561 and 731– opportunity were permitted to appear in complaint further alleges that an
TA–1317–1318, 1321–1325, and 1327 (Final)] person or by counsel. industry in the United States exists as
The Commission made these required by the applicable Federal
Carbon and Alloy Steel Cut-to-Length
determinations pursuant to section Statute.
Plate From Austria, Belgium, France,
735(b) of the Act (19 U.S.C. 1673d(b)). The complainant requests that the
Germany, Italy, Japan, Korea, and
It completed and filed its Commission institute an investigation
Taiwan
determinations in these investigations and, after the investigation, issue a
Determination on May 18, 2017. The views of the limited exclusion order and cease and
Commission are contained in USITC desist orders.
On the basis of the record 1 developed
in the subject investigations, the United Publication 4691 (May 2017), entitled ADDRESSES: The complaint, except for
States International Trade Commission Carbon and Alloy Cut-to-Length Plate any confidential information contained
(‘‘Commission’’) determines, pursuant from Austria, Belgium, France, therein, is available for inspection
to the Tariff Act of 1930 (‘‘the Act’’), Germany, Italy, Japan, Korea, and during official business hours (8:45 a.m.
that an industry in the United States is Taiwan: Investigation Nos. 701–TA–561 to 5:15 p.m.) in the Office of the
materially injured by reason of imports and 731–TA–1317–1318, 1321–1325, Secretary, U.S. International Trade
of carbon and alloy steel cut-to-length and 1327 (Final). Commission, 500 E Street SW., Room
plate from Austria, Belgium, France, 112, Washington, DC 20436, telephone
By order of the Commission. (202) 205–2000. Hearing impaired
Germany, Italy, Japan, Korea, and Issued: May 18, 2017.
Taiwan, provided for in subheadings individuals are advised that information
Lisa R. Barton, on this matter can be obtained by
7208.40.30, 7208.51.00, 7208.52.00,
7211.13.00, 7211.14.00, 7225.40.11, Secretary to the Commission. contacting the Commission’s TDD
7225.40.30, 7226.20.00, and 7226.91.50 [FR Doc. 2017–10517 Filed 5–22–17; 8:45 am] terminal on (202) 205–1810. Persons
of the Harmonized Tariff Schedule of BILLING CODE 7020–02–P with mobility impairments who will
need special assistance in gaining access
sradovich on DSK3GMQ082PROD with NOTICES

the United States, that have been found
by the Department of Commerce to the Commission should contact the
(‘‘Commerce’’) to be sold in the United Office of the Secretary at (202) 205–
States at less than fair value (‘‘LTFV’’) 2 The Commission also finds that imports subject
2000. General information concerning
to Commerce’s affirmative critical circumstances
the Commission may also be obtained
1 The record is defined in sec. 207.2(f) of the determination are not likely to undermine seriously by accessing its internet server at
Commission’s Rules of Practice and Procedure (19 the remedial effect of the antidumping duty order https://www.usitc.gov. The public
CFR 207.2(f)). on Austria, Belgium or Italy. record for this investigation may be

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Document Created: 2017-05-23 02:14:28
Document Modified: 2017-05-23 02:14:28

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.
FR Citation		82 FR 23591