82 FR 27724 - Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof; Commission Determination Not To Review an Initial Determination Granting Complainants' Unopposed Motion To Terminate the Investigation in its Entirety Based Upon Withdrawal of the Complaint; Termination of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 115 (June 16, 2017)

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 18) granting complainants' unopposed motion to terminate the investigation in its entirety based upon withdrawal of the complaint.

[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Notices]
[Page 27724]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12521]



[[Page 27724]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1022]


Certain Sleep-Disordered Breathing Treatment Mask Systems and 
Components Thereof; Commission Determination Not To Review an Initial 
Determination Granting Complainants' Unopposed Motion To Terminate the 
Investigation in its Entirety Based Upon Withdrawal of the Complaint; 
Termination of 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 has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 18) 
granting complainants' unopposed motion to terminate the investigation 
in its entirety based upon withdrawal of the complaint.

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 at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted Inv. No. 337-TA-
1022 on September 22, 2016, based on a complaint filed by ResMed Corp. 
of San Diego, California; ResMed Inc. of San Diego, California; and 
ResMed Ltd. of New South Wales, Australia (collectively, ``ResMed''). 
81 FR 65411 (Sept. 22, 2016). The complaint alleges violations of 
section 337 of the Tariff Act of 1930 (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 sleep-
disordered breathing treatment mask systems and components thereof that 
infringe one or more claims of U.S. Patent No. 8,960,196 and U.S. 
Patent No. 9,119,931. The notice of investigation named the following 
respondents: Fisher & Paykel Healthcare Limited of Auckland, New 
Zealand; Fisher & Paykel Healthcare, Inc. of Irvine, California; and 
Fisher & Paykel Healthcare Distribution Inc., of Irvine, California 
(collectively ``Fisher & Paykel''). The Office of Unfair Import 
Investigations is not participating in the investigation.
    On May 16, 2017, ResMed moved to terminate the investigation in its 
entirety based upon withdrawal of the complaint. Fisher & Paykel filed 
a response not opposing the motion, but reserving their rights to seek 
sanctions or appropriate relief.
    On May 17, 2017, the ALJ issued the subject ID, granting the 
unopposed motion. The ALJ found that the motion complies with the 
requirements of Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)) and 
further found that there are no extraordinary circumstances that 
warrant denying the motion. None of the parties petitioned for review 
of the ID.
    The Commission has determined not to review the ID. Thus, the 
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: June 13, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-12521 Filed 6-15-17; 8:45 am]
 BILLING CODE 7020-02-P