82 FR 47250 - Certain Thermoplastic-Encapsulated Electric Motors, Components Thereof, and Products and Vehicles Containing Same II; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 195 (October 11, 2017)

Page Range		47250-47251
FR Document		2017-21842

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 5, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Intellectual Ventures II LLC of Bellevue, Washington. A supplement was filed on September 15, 2017. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain thermoplastic-encapsulated electric motors, components thereof, and products and vehicles containing same by reason of infringement of U.S. Patent No. 7,154,200 (``the '200 patent''); U.S. Patent No. 7,067,944 (``the '944 patent''); U.S. Patent No. 7,067,952 (``the '952 patent''); U.S. Patent No. 7,683,509 (``the '509 patent''); and U.S. Patent No. 7,928,348 (``the '348 patent''). The complaint further alleges that an industry in the United States exists and is in the process of being established as required by the applicable Federal Statute. The complainant requests 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 195 (Wednesday, October 11, 2017)

[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Notices]
[Pages 47250-47251]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21842]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1073]


Certain Thermoplastic-Encapsulated Electric Motors, Components 
Thereof, and Products and Vehicles Containing Same II; 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 September 5, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Intellectual 
Ventures II LLC of Bellevue, Washington. A supplement was filed on 
September 15, 2017. The complaint, as supplemented, alleges violations 
of section 337 based upon the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain thermoplastic-encapsulated electric motors, 
components thereof, and products and vehicles containing same by reason 
of infringement of U.S. Patent No. 7,154,200 (``the '200 patent''); 
U.S. Patent No. 7,067,944 (``the '944 patent''); U.S. Patent No. 
7,067,952 (``the '952 patent''); U.S. Patent No. 7,683,509 (``the '509 
patent''); and U.S. Patent No. 7,928,348 (``the '348 patent''). The 
complaint further alleges that an industry in the United States exists 
and is in the process of being established as required by the 
applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, as supplemented, 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 October 4, 2017, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain 
thermoplastic-encapsulated electric motors, components thereof, and 
products and vehicles containing same by reason of infringement of one 
or more of claims 1, 2, and 4-7 of the '200 patent; claims 24-27 of the 
'348 patent; claims 1, 2, 14, and 15 of the '509 patent; claims 3, 9, 
and 11 of the '944 patent; and claims 10 and 12 of the '952 patent; and 
whether an industry in the United States exists and/or is in the 
process of being established as required by subsection (a)(2) of 
section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding Administrative Law Judge shall take evidence or other 
information and hear arguments from the parties or

[[Page 47251]]

other interested persons with respect to the public interest in this 
investigation, as appropriate, and provide the Commission with findings 
of fact and a recommended determination on this issue, which shall be 
limited to the statutory public interest factors set forth in 19 U.S.C. 
1337(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 complainant is: Intellectual Ventures II LLC, 3150 139th 
Avenue SE., Building 4, Bellevue, WA 98005.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Aisin Seiki Co., Ltd., 2-1, Asahimachi, Kariya 448-0032, Aichi, Japan
Aisin Holdings of America, Inc., 1665 E 4th Street Road, Seymour, IN 
47274
Aisin Technical Center of America, Inc., 15300 Centennial Drive, 
Northville, MI 48168
Aisin World Corporation of America, 15300 Centennial Drive, Northville, 
MI 48168
Bayerische Motoren Werke AG, Petuelring 130, D-80788, Munich, Germany
BMW of North America, LLC, 300 Chestnut Ridge Rd., Woodcliff Lake, NJ 
07677
BMW Manufacturing Co., LLC, 1400 Hwy. 101 S., Greer, SC 29651-6731
Denso Corporation, 1-1, Showacho, Kariya 448-0029, Aichi, Japan Denso 
International America, Inc., 24777 Denso Drive, Southfield, MI 48033
Honda Motor Co., Ltd., 1-1, 2-chome, Minami-Aoyama, Minato-ku, Tokyo 
107-8556, Japan
Honda North America, Inc., 700 Van Ness Avenue, Torrance, CA 90501
American Honda Motor Co., Inc., 1919 Torrance Blvd., Torrance, CA 90501
Honda of America Mfg., Inc., 24000 Honda Pkwy., Marysville, OH 43040
Honda Manufacturing of Alabama, LLC, 1800 Honda Drive, Lincoln, AL 
35096
Honda R&D Americas, Inc., 1900 Harpers Way, Torrance, CA 90501
Mitsuba Corporation, 1-2681, Hirosawacho, Kiryu 376-0013, Gunma, Japan
American Mitsuba Corporation, 2945 Three Leaves Drive, Mount Pleasant, 
MI 48858
Nidec Corporation, 338, Tonoshirocho, Kuze, Minami-Ku, Kyoto, Japan
Nidec Automotive Motor Americas, LLC, 1800 Opdyke Court, Auburn Hills, 
MI 48326
Toyota Motor Corporation, 1 Toyota-cho, Toyota City, Aichi Prefecture 
471-8571, Japan
Toyota Motor North America, Inc., 601 Lexington Ave., 49th Floor, New 
York, NY 10022
Toyota Motor Sales, U.S.A., Inc., 19001 S. Western Avenue, Torrance, CA 
90501
Toyota Motor Engineering & Manufacturing North America, Inc., 25 
Atlantic Avenue, Erlanger, KY 41018
Toyota Motor Manufacturing, Indiana, Inc., 4000 Tulip Tree Drive, 
Princeton, IN 47670
Toyota Motor Manufacturing, Kentucky, Inc., 1001 Cherry Blossom Way, 
Georgetown, KY 40324

    (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 respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: October 4, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-21842 Filed 10-10-17; 8:45 am]
 BILLING CODE 7020-02-P

47250 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices

in the National Register of Historic Multnomah County ADDRESSES: The complaint, as
Places. Nominations for their Peacock Lane Historic District (Historic supplemented, except for any
consideration were received by the Residential Suburbs in the United States, confidential information contained
National Park Service before September 1830–1960 MPS), SE. Stark & SE. Belmont therein, is available for inspection
16, 2017. Pursuant to section 60.13 of 36 Sts., SE. Peacock Ln., Portland, during official business hours (8:45 a.m.
CFR part 60, written comments are MP100001774 to 5:15 p.m.) in the Office of the
being accepted concerning the WISCONSIN Secretary, U.S. International Trade
significance of the nominated properties Commission, 500 E Street SW., Room
Dane County
under the National Register criteria for 112, Washington, DC 20436, telephone
evaluation. Tenney Building, 110 E. Main St., Madison, (202) 205–2000. Hearing impaired
SG100001775
Before including your address, phone individuals are advised that information
Authority: 60.13 of 36 CFR part 60. on this matter can be obtained by
number, email address, or other
personal identifying information in your Dated: September 22, 2017. contacting the Commission’s TDD
comment, you should be aware that J. Paul Loether, terminal on (202) 205–1810. Persons
your entire comment—including your Chief, National Register of Historic Places/ with mobility impairments who will
personal identifying information—may National Historic Landmarks Program, need special assistance in gaining access
be made publicly available at any time. Keeper, National Register of Historic Places. to the Commission should contact the
While you can ask us in your comment [FR Doc. 2017–21800 Filed 10–10–17; 8:45 am] Office of the Secretary at (202) 205–
to withhold your personal identifying BILLING CODE 4312–52–P
2000. General information concerning
information from public review, we the Commission may also be obtained
cannot guarantee that we will be able to by accessing its internet server at
do so. https://www.usitc.gov. The public
INTERNATIONAL TRADE record for this investigation may be
Nominations submitted by State COMMISSION viewed on the Commission’s electronic
Historic Preservation Officers: docket (EDIS) at https://edis.usitc.gov.
[Investigation No. 337–TA–1073] FOR FURTHER INFORMATION CONTACT:
ILLINOIS
Pathenia M. Proctor, The Office of
Cook County Certain Thermoplastic-Encapsulated
Unfair Import Investigations, U.S.
Electric Motors, Components Thereof,
Baptist Retirement Home, 316 Randolph St., International Trade Commission,
Maywood, SG100001765 and Products and Vehicles Containing
telephone (202) 205–2560.
Same II; Institution of Investigation
IOWA SUPPLEMENTARY INFORMATION: Authority:
AGENCY: U.S. International Trade The authority for institution of this
Marion County
Commission investigation is contained in section 337
Collegiate Neighborhood Historic District, ACTION: Notice of the Tariff Act of 1930, as amended,
Main to W. 1st, Independence to Union & 19 U.S.C. 1337 and in section 210.10 of
w. side of W. 1st to Liberty Sts., Pella, SUMMARY: Notice is hereby given that a the Commission’s Rules of Practice and
SG100001766 complaint was filed with the U.S. Procedure, 19 CFR 210.10 (2017).
NEW YORK International Trade Commission on Scope of Investigation: Having
September 5, 2017, under section 337 of considered the complaint, the U.S.
Albany County
the Tariff Act of 1930, as amended, on International Trade Commission, on
Coeymans Landing Historic District, Various behalf of Intellectual Ventures II LLC of October 4, 2017, Ordered that—
Coeymans, SG100001767 Bellevue, Washington. A supplement (1) Pursuant to subsection (b) of
Cattaraugus County was filed on September 15, 2017. The section 337 of the Tariff Act of 1930, as
Allegany Council House, 8156 Old Rt. 17, complaint, as supplemented, alleges amended, an investigation be instituted
Jimerstown, Allegany Indian Territories, violations of section 337 based upon the to determine whether there is a
SG100001768 importation into the United States, the violation of subsection (a)(1)(B) of
sale for importation, and the sale within section 337 in the importation into the
Lewis County
the United States after importation of United States, the sale for importation,
First Lewis County Clerk’s Office, 6660 NY certain thermoplastic-encapsulated or the sale within the United States after
26, Martinsburg, SG100001769 electric motors, components thereof, importation of certain thermoplastic-
Nassau County and products and vehicles containing encapsulated electric motors,
Building at 390 Ocean Avenue, Massapequa, same by reason of infringement of U.S. components thereof, and products and
SG100001770 Patent No. 7,154,200 (‘‘the ’200 patent’’); vehicles containing same by reason of
U.S. Patent No. 7,067,944 (‘‘the ’944 infringement of one or more of claims 1,
OREGON patent’’); U.S. Patent No. 7,067,952 (‘‘the 2, and 4–7 of the ’200 patent; claims 24–
Deschutes County ’952 patent’’); U.S. Patent No. 7,683,509 27 of the ’348 patent; claims 1, 2, 14,
Redmond Downtown Historic District, (‘‘the ’509 patent’’); and U.S. Patent No. and 15 of the ’509 patent; claims 3, 9,
Generally bounded by SW. Cascade & SW. 7,928,348 (‘‘the ’348 patent’’). The and 11 of the ’944 patent; and claims 10
Forest Aves., SW. 5th & SW. 7th Sts., complaint further alleges that an and 12 of the ’952 patent; and whether
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Redmond, SG100001771 industry in the United States exists and an industry in the United States exists
Josephine County
is in the process of being established as and/or is in the process of being
required by the applicable Federal established as required by subsection
Reed-Cobb-Bowser House and Barn, 1700 Statute. (a)(2) of section 337;
Merlin Rd., Merlin, SG100001772
The complainant requests that the (2) Pursuant to Commission Rule
Lane County Commission institute an investigation 210.50(b)(1), 19 CFR 210.50(b)(1), the
Foster-Simmons House (Eugene West and, after the investigation, issue a presiding Administrative Law Judge
University Neighborhood MPS), 417 E. limited exclusion order and cease and shall take evidence or other information
13th Ave., Eugene, MP100001773 desist orders. and hear arguments from the parties or

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Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices 47251

other interested persons with respect to Toyota Motor North America, Inc., 601 DEPARTMENT OF JUSTICE
the public interest in this investigation, Lexington Ave., 49th Floor, New
as appropriate, and provide the York, NY 10022 Notice of Lodging of Proposed
Commission with findings of fact and a Toyota Motor Sales, U.S.A., Inc., 19001 Consent Decree Under the
recommended determination on this S. Western Avenue, Torrance, CA Comprehensive Environmental
issue, which shall be limited to the 90501 Response, Compensation, and Liability
statutory public interest factors set forth Act
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); Toyota Motor Engineering &
Manufacturing North America, Inc., On October 2, 2017, the Department
(3) For the purpose of the of Justice lodged a Consent Decree with
investigation so instituted, the following 25 Atlantic Avenue, Erlanger, KY
41018 the United States District Court for the
are hereby named as parties upon which District of Maryland in the lawsuit
this notice of investigation shall be Toyota Motor Manufacturing, Indiana, entitled United States and State of
served: Inc., 4000 Tulip Tree Drive, Maryland v. AAI Corporation, et al. The
(a) The complainant is: Intellectual Princeton, IN 47670 Consent Decree resolves claims under
Ventures II LLC, 3150 139th Avenue Toyota Motor Manufacturing, Kentucky, Sections 106 and 107(a) of the
SE., Building 4, Bellevue, WA 98005. Inc., 1001 Cherry Blossom Way, Comprehensive Environmental
(b) The respondents are the following Georgetown, KY 40324 Response, Compensation, and Liability
entities alleged to be in violation of Act (‘‘CERCLA’’), 42 U.S.C. 9606 and
section 337, and are the parties upon (c) The Office of Unfair Import
Investigations, U.S. International Trade 9607(a), for past response costs, future
which the complaint is to be served: response costs, injunctive relief, and
Aisin Seiki Co., Ltd., 2–1, Asahimachi, Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and natural resource damages (‘‘NRDs’’),
Kariya 448–0032, Aichi, Japan incurred in connection with the
Aisin Holdings of America, Inc., 1665 E (4) For the investigation so instituted, disposal of hazardous substances at the
4th Street Road, Seymour, IN 47274 the Chief Administrative Law Judge, 68th Street Dump Superfund
Aisin Technical Center of America, Inc., U.S. International Trade Commission, Alternative Site outside of Baltimore,
15300 Centennial Drive, Northville, shall designate the presiding Maryland (‘‘the Site’’). The Complaint,
MI 48168 Administrative Law Judge. brought jointly with the State of
Aisin World Corporation of America, Responses to the complaint and the Maryland, filed concurrently with the
15300 Centennial Drive, Northville, notice of investigation must be Consent Decree alleges that the various
MI 48168 submitted by the named respondents in defendants own, owned, operated,
Bayerische Motoren Werke AG, accordance with section 210.13 of the arranged for the transport of hazardous
Petuelring 130, D–80788, Munich, Commission’s Rules of Practice and substances to, or transported hazardous
Germany Procedure, 19 CFR 210.13. Pursuant to substances to the Site. The proposed
BMW of North America, LLC, 300 Consent Decree obligates certain
19 CFR 201.16(e) and 210.13(a), such
Chestnut Ridge Rd., Woodcliff Lake, defendants to perform the remedy
responses will be considered by the
NJ 07677 which is set forth in the September 2013
Commission if received not later than 20
BMW Manufacturing Co., LLC, 1400 Record of Decision (attached to the
days after the date of service by the
Hwy. 101 S., Greer, SC 29651–6731 Consent Decree as Exhibit B), valued at
Denso Corporation, 1–1, Showacho, Commission of the complaint and the
notice of investigation. Extensions of approximately $51.5 million. The
Kariya 448–0029, Aichi, Japan Denso proposed Consent Decree also requires
International America, Inc., 24777 time for submitting responses to the
complaint and the notice of certain defendants to perform additional
Denso Drive, Southfield, MI 48033 NRD restoration work, reimburse the
Honda Motor Co., Ltd., 1–1, 2-chome, investigation will not be granted unless
good cause therefor is shown. Natural Resource Trustees (United
Minami-Aoyama, Minato-ku, Tokyo
Failure of a respondent to file a timely States Department of the Interior, acting
107–8556, Japan
response to each allegation in the by and through the U.S. Fish and
Honda North America, Inc., 700 Van
complaint and in this notice may be Wildlife Service; the U.S. Department of
Ness Avenue, Torrance, CA 90501
American Honda Motor Co., Inc., 1919 deemed to constitute a waiver of the Commerce, acting by and through the
Torrance Blvd., Torrance, CA 90501 right to appear and contest the National Oceanic and Atmospheric
Honda of America Mfg., Inc., 24000 allegations of the complaint and this Administration; and the State of
Honda Pkwy., Marysville, OH 43040 notice, and to authorize the Maryland) $240,000 for past trustee
Honda Manufacturing of Alabama, LLC, administrative law judge and the NRD assessment costs, pay the Natural
1800 Honda Drive, Lincoln, AL 35096 Commission, without further notice to Resource Trustees $630,000 to fund an
Honda R&D Americas, Inc., 1900 the respondent, to find the facts to be as off-site restoration project, and pay up
Harpers Way, Torrance, CA 90501 alleged in the complaint and this notice to $250,000 to the Natural Resource
Mitsuba Corporation, 1–2681, and to enter an initial determination Trustees for theirfuture oversight costs.
Hirosawacho, Kiryu 376–0013, and a final determination containing
AAI Corporation; City of Baltimore, Maryland;
Gunma, Japan such findings, and may result in the CSX Realty Development, LLC; CSX Transportation,
American Mitsuba Corporation, 2945 issuance of an exclusion order or a cease Inc.; Industrial Enterprises, Inc.; Pulaski & 68th
Three Leaves Drive, Mount Pleasant, and desist order or both directed against Street, LLC; Browning-Ferris, Inc.; Acme Markets
asabaliauskas on DSKBBXCHB2PROD with NOTICES

MI 48858 the respondent. Inc.; Air Products and Chemicals, Inc.; AK Steel
Nidec Corporation, 338, Tonoshirocho, Corporation; Alcatel-Lucent USA Inc.; Alcolac Inc.,
By order of the Commission. now known as Solvay USA Inc.; Baltimore
Kuze, Minami-Ku, Kyoto, Japan Galvanizing Co., Inc.; Baltimore Gas & Electric
Nidec Automotive Motor Americas, Issued: October 4, 2017.
Company; Beazer East, Inc.; Brunswick Corporation;
LLC, 1800 Opdyke Court, Auburn William R. Bishop, Chevron Environmental Management Company;
Hills, MI 48326 Supervisory Hearings and Information Crown Cork & Seal Company, Inc.; Exxon Mobil
Officer. Corporation; Honeywell International Inc.;
Toyota Motor Corporation, 1 Toyota- International Paper Company; The Johns Hopkins
cho, Toyota City, Aichi Prefecture [FR Doc. 2017–21842 Filed 10–10–17; 8:45 am] Hospital; The Johns Hopkins Health System
471–8571, Japan BILLING CODE 7020–02–P Continued

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Document Created: 2018-10-25 09:58:46
Document Modified: 2018-10-25 09:58:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice
Contact		Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		82 FR 47250