82_FR_42286 82 FR 42115 - Certain Microfluidic Devices; Institution of Investigation

82 FR 42115 - Certain Microfluidic Devices; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 171 (September 6, 2017)

Page Range42115-42116
FR Document2017-18808

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 31, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Bio-Rad Laboratories, Inc. of Hercules, California and Lawrence Livermore National Security, LLC of Livermore, California. A supplement to the complaint was filed on August 22, 2017. The complaint 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 microfluidic devices by reason of infringement of one or more of U.S. Patent No. 9,500,664 (``the '664 patent''); U.S. Patent No. 9,089,844 (``the '844 patent''); U.S. Patent No. 9,636,682 (``the '682 patent''); U.S. Patent No. 9,649,635 (``the '635 patent''); and U.S. Patent No. 9,126,160 (``the '160 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 171 (Wednesday, September 6, 2017) 
[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Notices]
[Pages 42115-42116]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18808]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1068]


Certain Microfluidic Devices; 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 July 31, 2017, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Bio-Rad 
Laboratories, Inc. of Hercules, California and Lawrence Livermore 
National Security, LLC of Livermore, California. A supplement to the 
complaint was filed on August 22, 2017. The complaint 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 microfluidic devices by reason of 
infringement of one or more of U.S. Patent No. 9,500,664 (``the '664 
patent''); U.S. Patent No. 9,089,844 (``the '844 patent''); U.S. Patent 
No. 9,636,682 (``the '682 patent''); U.S. Patent No. 9,649,635 (``the 
'635 patent''); and U.S. Patent No. 9,126,160 (``the '160 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: Pathenia M. Proctor, 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 August 30, 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

[[Page 42116]]

section 337 in the importation into the United States, the sale for 
importation, or the sale within the United States after importation of 
certain microfluidic devices by reason of infringement of one or more 
of claims 1-12 and 14-16 of the '664 patent; claims 1-15 of the '844 
patent; claims 1-21 of the '682 patent; claims 1-27 of the '635 patent; 
and claims 1, 2, 4-8, and 14-21 of the '160 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)(1), 19 CFR 201.50(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 facts 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(d)(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:

Bio-Rad Laboratories, Inc., 1000 Alfred Nobel Drive, Hercules, CA 94547
Lawrence Livermore National Security, LLC, 2300 First Street, Suite 
204, Livermore, CA 94550

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

10X Genomics, Inc., 7068 Koll Center Parkway, Suite 401, Pleasanton, CA 
94566.

    (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.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent 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 the 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: August 30, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-18808 Filed 9-5-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices 42115 United States, or United States treated accordingly. All such requests complaint was filed on August 22, 2017. consumers. should be directed to the Secretary to The complaint alleges violations of In particular, the Commission is the Commission and must include a full section 337 based upon the importation interested in comments that: statement of the reasons why the into the United States, the sale for (i) Explain how the articles Commission should grant such importation, and the sale within the potentially subject to the requested treatment. See 19 CFR 201.6. Documents United States after importation of remedial orders are used in the United for which confidential treatment by the certain microfluidic devices by reason States; Commission is properly sought will be of infringement of one or more of U.S. (ii) identify any public health, safety, treated accordingly. All information, Patent No. 9,500,664 (‘‘the ’664 patent’’); or welfare concerns in the United States including confidential business U.S. Patent No. 9,089,844 (‘‘the ’844 relating to the requested remedial information and documents for which patent’’); U.S. Patent No. 9,636,682 (‘‘the orders; confidential treatment is properly ’682 patent’’); U.S. Patent No. 9,649,635 (iii) identify like or directly sought, submitted to the Commission for (‘‘the ’635 patent’’); and U.S. Patent No. competitive articles that complainant, purposes of this Investigation may be 9,126,160 (‘‘the ’160 patent). The its licensees, or third parties make in the disclosed to and used: (i) By the complaint further alleges that an United States which could replace the Commission, its employees and Offices, industry in the United States exists as subject articles if they were to be and contract personnel (a) for required by the applicable Federal excluded; developing or maintaining the records Statute. (iv) indicate whether complainant, of this or a related proceeding, or (b) in The complainants request that the complainant’s licensees, and/or third internal investigations, audits, reviews, Commission institute an investigation party suppliers have the capacity to and evaluations relating to the and, after the investigation, issue a replace the volume of articles programs, personnel, and operations of limited exclusion order and cease and potentially subject to the requested the Commission including under 5 desist orders. exclusion order and/or a cease and U.S.C. Appendix 3; or (ii) by U.S. ADDRESSES: The complaint, except for desist order within a commercially government employees and contract any confidential information contained reasonable time; and personnel,2 solely for cybersecurity therein, is available for inspection (v) explain how the requested purposes. All nonconfidential written during official business hours (8:45 a.m. remedial orders would impact United submissions will be available for public to 5:15 p.m.) in the Office of the States consumers. inspection at the Office of the Secretary Secretary, U.S. International Trade Written submissions must be filed no and on EDIS.3 Commission, 500 E Street SW., Room later than by close of business, eight This action is taken under the 112, Washington, DC 20436, telephone calendar days after the date of authority of section 337 of the Tariff Act (202) 205–2000. Hearing impaired publication of this notice in the Federal of 1930, as amended (19 U.S.C. 1337), individuals are advised that information Register. There will be further and of §§ 201.10 and 210.8(c) of the on this matter can be obtained by opportunities for comment on the Commission’s Rules of Practice and contacting the Commission’s TDD public interest after the issuance of any Procedure (19 CFR 201.10, 210.8(c)). terminal on (202) 205–1810. Persons final initial determination in this By order of the Commission. with mobility impairments who will investigation. Issued: August 30, 2017. need special assistance in gaining access Persons filing written submissions to the Commission should contact the Katherine M. Hiner, must file the original document Office of the Secretary at (202) 205– Supervisory Attorney. electronically on or before the deadlines 2000. General information concerning stated above and submit 8 true paper [FR Doc. 2017–18773 Filed 9–5–17; 8:45 am] the Commission may also be obtained copies to the Office of the Secretary by BILLING CODE 7020–02–P by accessing its internet server at noon the next day pursuant to § 210.4(f) https://www.usitc.gov. The public of the Commission’s Rules of Practice record for this investigation may be and Procedure (19 CFR 210.4(f)). INTERNATIONAL TRADE COMMISSION viewed on the Commission’s electronic Submissions should refer to the docket docket (EDIS) at https://edis.usitc.gov. number (‘‘Docket No. 3247’’) in a [Investigation No. 337–TA–1068] FOR FURTHER INFORMATION CONTACT: prominent place on the cover page and/ Certain Microfluidic Devices; Pathenia M. Proctor, The Office of or the first page. (See Handbook for Institution of Investigation Unfair Import Investigations, U.S. Electronic Filing Procedures, Electronic International Trade Commission, Filing Procedures.) 1 Persons with AGENCY: U.S. International Trade telephone (202) 205–2560. questions regarding filing should Commission. SUPPLEMENTARY INFORMATION: contact the Secretary (202–205–2000). ACTION: Notice. Any person desiring to submit a Authority: The authority for institution of document to the Commission in SUMMARY: Notice is hereby given that a this investigation is contained in section 337 confidence must request confidential of the Tariff Act of 1930, as amended, 19 complaint was filed with the U.S. U.S.C. 1337 and in section 210.10 of the treatment. All such requests should be International Trade Commission on July Commission’s Rules of Practice and directed to the Secretary to the 31, 2017, under section 337 of the Tariff Procedure, 19 CFR 210.10 (2017). Commission and must include a full Act of 1930, as amended, on behalf of asabaliauskas on DSKBBXCHB2PROD with NOTICES statement of the reasons why the Scope of Investigation: Having Bio-Rad Laboratories, Inc. of Hercules, Commission should grant such considered the complaint, the U.S. California and Lawrence Livermore treatment. See 19 CFR 201.6. Documents International Trade Commission, on National Security, LLC of Livermore, for which confidential treatment by the August 30, 2017, ordered that— California. A supplement to the Commission is properly sought will be (1) Pursuant to subsection (b) of 2 All contract personnel will sign appropriate section 337 of the Tariff Act of 1930, as 1 Handbook for Electronic Filing Procedures: nondisclosure agreements. amended, an investigation be instituted https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System to determine whether there is a filing_procedures.pdf. (EDIS): https://edis.usitc.gov. violation of subsection (a)(1)(B) of VerDate Sep<11>2014 17:37 Sep 05, 2017 Jkt 241001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\06SEN1.SGM 06SEN1

42116 Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / Notices section 337 in the importation into the investigation will not be granted unless Needy Road, Martinsburg, WV 25405, or United States, the sale for importation, good cause therefor is shown. by telephone at 1–877–283–3352. or the sale within the United States after Failure of the respondent to file a SUPPLEMENTARY INFORMATION: Written importation of certain microfluidic timely response to each allegation in the comments and suggestions from the devices by reason of infringement of one complaint and in this notice may be public and affected agencies concerning or more of claims 1–12 and 14–16 of the deemed to constitute a waiver of the the proposed collection of information ’664 patent; claims 1–15 of the ’844 right to appear and contest the are encouraged. Your comments should patent; claims 1–21 of the ’682 patent; allegations of the complaint and this address one or more of the following claims 1–27 of the ’635 patent; and notice, and to authorize the four points: claims 1, 2, 4–8, and 14–21 of the ’160 administrative law judge and the —Evaluate whether the proposed patent; and whether an industry in the Commission, without further notice to collection of information is necessary United States exists as required by the respondent, to find the facts to be as for the proper performance of the subsection (a)(2) of section 337; alleged in the complaint and this notice functions of the agency, including (2) Pursuant to Commission Rule and to enter an initial determination whether the information will have 210.50(b)(1), 19 CFR 201.50(b)(1), the and a final determination containing practical utility; presiding administrative law judge shall such findings, and may result in the —Evaluate the accuracy of the agency’s take evidence or other information and issuance of an exclusion order or a cease estimate of the burden of the hear arguments from the parties and and desist order or both directed against proposed collection of information, other interested persons with respect to the respondent. including the validity of the the public interest in this investigation, By order of the Commission. methodology and assumptions used; as appropriate, and provide the Issued: August 30, 2017. —Evaluate whether and if so how the Commission with findings of facts and quality, utility, and clarity of the Katherine M. Hiner, a recommended determination on this information to be collected can be Supervisory Attorney. issue, which shall be limited to the enhanced; and statutory public interest factors set forth [FR Doc. 2017–18808 Filed 9–5–17; 8:45 am] —Minimize the burden of the collection in 19 U.S.C. 1337(d)(1), (F)(1), (g)(1); BILLING CODE 7020–02–P of information on those who are to (3) For the purpose of the respond, including through the use of investigation so instituted, the following appropriate automated, electronic, are hereby named as parties upon which DEPARTMENT OF JUSTICE mechanical, or other technological this notice of investigation shall be collection techniques or other forms served: Bureau of Alcohol, Tobacco, Firearms of information technology, e.g., (a) The complainants are: and Explosives permitting electronic submission of Bio-Rad Laboratories, Inc., 1000 Alfred [OMB Number 1140–0096] responses. Nobel Drive, Hercules, CA 94547 Lawrence Livermore National Security, Agency Information Collection Overview of This Information LLC, 2300 First Street, Suite 204, Activities; Proposed eCollection Collection Livermore, CA 94550 eComments Requested; Extension 1. Type of Information Collection (b) The respondent is the following Without Change of a Currently (check justification or form 83): entity alleged to be in violation of Approved Collection; Environmental Extension, without change, of a section 337, and is the party upon Information—ATF Form 5000.29 currently approved collection. which the complaint is to be served: 2. The Title of the Form/Collection: AGENCY: Bureau of Alcohol, Tobacco, 10X Genomics, Inc., 7068 Koll Center Environmental Information. Firearms and Explosives, Department of 3. The agency form number, if any, Parkway, Suite 401, Pleasanton, CA Justice. 94566. and the applicable component of the ACTION: 60-Day notice. Department sponsoring the collection: (c) The Office of Unfair Import Form number (if applicable): ATF F Investigations, U.S. International Trade SUMMARY: The Department of Justice 5000.29. Commission, 500 E Street SW., Suite (DOJ), Bureau of Alcohol, Tobacco, Component: Bureau of Alcohol, 401, Washington, DC 20436; and Firearms and Explosives (ATF), will Tobacco, Firearms and Explosives, U.S. (4) For the investigation so instituted, submit the following information Department of Justice. the Chief Administrative Law Judge, collection request to the Office of 4. Affected public who will be asked U.S. International Trade Commission, Management and Budget (OMB) for or required to respond, as well as a brief shall designate the presiding review and approval in accordance with abstract: Administrative Law Judge. the Paperwork Reduction Act of 1995. Primary: Individuals or households. Responses to the complaint and the DATES: Comments are encouraged and Other (if applicable): None. notice of investigation must be will be accepted for 60 days until Abstract: The data provided by the submitted by the named respondent in November 6, 2017. applicant on ATF F 5000.29, accordance with section 210.13 of the FOR FURTHER INFORMATION CONTACT: If Environmental Information, allows ATF Commission’s Rules of Practice and you have additional comments, to identify any waste product(s) asabaliauskas on DSKBBXCHB2PROD with NOTICES Procedure, 19 CFR 210.13. Pursuant to particularly with respect to the generated as a result of the operations 19 CFR 201.16(e) and 210.13(a), such estimated public burden or associated by the applicant and the disposal of the responses will be considered by the response time, have suggestions, need a products. The information is then Commission if received not later than 20 copy of the proposed information reviewed in order to determine if there days after the date of service by the collection instrument with instructions, is any adverse impact on the Commission of the complaint and the or desire any additional information, environment. Information may be notice of investigation. Extensions of please contact Shawn Stevens, ATF disclosed to other Federal, State and time for submitting responses to the Industry Liaison, Federal Explosives local law enforcement and regulatory complaint and the notice of Licensing Center, either by mail at 244 personnel to verify information on the VerDate Sep<11>2014 17:37 Sep 05, 2017 Jkt 241001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\06SEN1.SGM 06SEN1


Document Created: 2017-09-06 00:56:45
Document Modified: 2017-09-06 00:56:45
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.
ContactPathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation82 FR 42115 
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