82 FR 49420 - Certain Electrochemical Glucose Monitoring Systems and Components Thereof; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 205 (October 25, 2017)

Page Range		49420-49421
FR Document		2017-23104

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 18, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Dexcom, Inc. of San Diego, California. 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 electrochemical glucose monitoring systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,724,045 (``the '045 patent'') and U.S. Patent No. 9,750,460 (``the '460 patent''). The complaint further alleges that an industry in the United States exists or 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 a cease and desist order.

Federal Register, Volume 82 Issue 205 (Wednesday, October 25, 2017)

[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49420-49421]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23104]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1075]


Certain Electrochemical Glucose Monitoring Systems and Components 
Thereof; 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 18, 2017, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Dexcom, 
Inc. of San Diego, California. 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 electrochemical glucose monitoring systems and 
components thereof by reason of infringement of certain claims of U.S. 
Patent No. 9,724,045 (``the '045 patent'') and U.S. Patent No. 
9,750,460 (``the '460 patent''). The complaint further alleges that an 
industry in the United States exists or 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 a cease and desist order.

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: The Office of the Secretary, Docket 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

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 18, 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 
electrochemical glucose monitoring systems and components thereof by 
reason of infringement of one or more of claims 1-6, 8, 9, 11, 13-20, 
23-30, 32, 34-38, and 41-44 of the '045 patent and claims 1-6, 8-18, 
20-24, 26-30, 32-36, 38-42, 44-48, 50-54, 56-60, and 62-69 of the '460 
patent; and whether an industry in the United States exists or is in 
the process of being established as required by subsection (a)(2) of 
section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which

[[Page 49421]]

this notice of investigation shall be served:
    (a) The complainant is: Dexcom, Inc., 6340 Sequence Drive, San 
Diego, CA 92121.
    (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: AgaMatrix, Inc., 7C Raymond Avenue, Salem, NH 03079.
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge. The Office of Unfair Import 
Investigations will not participate as a party in this investigation.
    Responses to the complaint and the notice of institution 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 institution 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: October 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23104 Filed 10-24-17; 8:45 am]
 BILLING CODE 7020-02-P

49420 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices

BURDEN BREAKDOWN—Continued
Citation Average Annual
30 CFR 550 Reporting and recordkeeping number of
Hour burden burden
subpart C requirement annual hours
and related NTL(s) responses

304(e)(2) ......................... Apply for suspension of operations ................................................ Burden covered under BSEE 0
1014–0022 (30 CFR 250.174).

304(f) .............................. Submit information to demonstrate that exempt facility is not sig- 16 1 16
nificantly affecting air quality of onshore area of a State. Sub-
mit additional information, as required.

Subtotal ................... ......................................................................................................... ........................ 8 144

General

303–304 .......................... General departure and alternative compliance requests not spe- 24 5 120
cifically covered elsewhere in subpart C regulations.

Subtotal ................... ......................................................................................................... ........................ 5 120

Total Burden ..... ......................................................................................................... ........................ 2,395 105,036
* Hours per facility.
** Facilities.

An agency may not conduct or on behalf of Dexcom, Inc. of San Diego, record for this investigation may be
sponsor, and a person is not required to California. The complaint alleges viewed on the Commission’s electronic
respond to, a collection of information violations of section 337 based upon the docket (EDIS) at https://edis.usitc.gov.
unless it displays a currently valid OMB importation into the United States, the FOR FURTHER INFORMATION CONTACT: The
control number. sale for importation, and the sale within Office of the Secretary, Docket Services
We will protect information the United States after importation of Division, U.S. International Trade
considered proprietary under the certain electrochemical glucose Commission, telephone (202) 205–1802.
Freedom of Information Act (5 U.S.C. monitoring systems and components
552) and DOI’s implementing thereof by reason of infringement of SUPPLEMENTARY INFORMATION:
regulations (43 CFR part 2), 30 CFR certain claims of U.S. Patent No. Authority: The authority for
550.197, ‘‘Data and information to be 9,724,045 (‘‘the ’045 patent’’) and U.S. institution of this investigation is
made available to the public or for Patent No. 9,750,460 (‘‘the ’460 patent’’). contained in section 337 of the Tariff
limited inspection,’’ and 30 CFR part The complaint further alleges that an Act of 1930, as amended, 19 U.S.C. 1337
552, ‘‘Outer Continental Shelf (OCS) Oil industry in the United States exists or and in section 210.10 of the
and Gas Information Program.’’ is in the process of being established as Commission’s Rules of Practice and
The authority for this action is the required by the applicable Federal Procedure, 19 CFR 210.10 (2017).
Paperwork Reduction Act of 1995 (44 Statute. Scope of Investigation: Having
U.S.C. 3501 et seq.). The complainant requests that the considered the complaint, the U.S.
Dated: October 20, 2017. Commission institute an investigation International Trade Commission, on
Deanna Meyer-Pietruszka, and, after the investigation, issue a October 18, 2017, ordered that—
Chief, Office of Policy, Regulation and
limited exclusion order and a cease and (1) Pursuant to subsection (b) of
Analysis. desist order. section 337 of the Tariff Act of 1930, as
[FR Doc. 2017–23210 Filed 10–24–17; 8:45 am] ADDRESSES: The complaint, except for amended, an investigation be instituted
any confidential information contained to determine whether there is a
BILLING CODE 4310–MR–P
therein, is available for inspection violation of subsection (a)(1)(B) of
during official business hours (8:45 a.m. section 337 in the importation into the
to 5:15 p.m.) in the Office of the United States, the sale for importation,
INTERNATIONAL TRADE or the sale within the United States after
Secretary, U.S. International Trade
COMMISSION importation of certain electrochemical
Commission, 500 E Street SW., Room
[Investigation No. 337–TA–1075] 112, Washington, DC 20436, telephone glucose monitoring systems and
(202) 205–2000. Hearing impaired components thereof by reason of
Certain Electrochemical Glucose individuals are advised that information infringement of one or more of claims
Monitoring Systems and Components on this matter can be obtained by 1–6, 8, 9, 11, 13–20, 23–30, 32, 34–38,
Thereof; Institution of Investigation contacting the Commission’s TDD and 41–44 of the ’045 patent and claims
AGENCY: U.S. International Trade terminal on (202) 205–1810. Persons 1–6, 8–18, 20–24, 26–30, 32–36, 38–42,
with mobility impairments who will 44–48, 50–54, 56–60, and 62–69 of the
sradovich on DSK3GMQ082PROD with NOTICES

Commission.
need special assistance in gaining access ’460 patent; and whether an industry in
ACTION: Notice.
to the Commission should contact the the United States exists or is in the
SUMMARY: Notice is hereby given that a Office of the Secretary at (202) 205– process of being established as required
complaint was filed with the U.S. 2000. General information concerning by subsection (a)(2) of section 337;
International Trade Commission on the Commission may also be obtained (2) For the purpose of the
September 18, 2017, under section 337 by accessing its internet server at investigation so instituted, the following
of the Tariff Act of 1930, as amended, https://www.usitc.gov. The public are hereby named as parties upon which

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Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 49421

this notice of investigation shall be INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT:
served: COMMISSION Pathenia M. Proctor, The Office of
(a) The complainant is: Dexcom, Inc., Unfair Import Investigations, U.S.
[Investigation No. 337–TA–1076]
6340 Sequence Drive, San Diego, CA International Trade Commission,
92121. Certain Magnetic Data Storage Tapes telephone (202) 205–2560.
and Cartridges Containing the Same SUPPLEMENTARY INFORMATION:
(b) The respondent is the following
(II); Institution of Investigation Authority: The authority for
entity alleged to be in violation of
institution of this investigation is
section 337, and is the party upon AGENCY: U.S. International Trade
contained in section 337 of the Tariff
which the complaint is to be served: Commission.
Act of 1930, as amended, 19 U.S.C. 1337
AgaMatrix, Inc., 7C Raymond Avenue, ACTION: Notice. and in section 210.10 of the
Salem, NH 03079. Commission’s Rules of Practice and
SUMMARY: Notice is hereby given that a
(3) For the investigation so instituted, complaint was filed with the U.S. Procedure, 19 CFR 210.10 (2017).
the Chief Administrative Law Judge, International Trade Commission on Scope of Investigation: Having
U.S. International Trade Commission, September 19, 2017, under section 337 considered the complaint, the U.S.
shall designate the presiding of the Tariff Act of 1930, as amended, International Trade Commission, on
Administrative Law Judge. The Office of on behalf of FUJIFILM Corporation of October 19, 2017, ordered that—
Unfair Import Investigations will not Japan and FUJIFILM Recording Media (1) Pursuant to subsection (b) of
participate as a party in this U.S.A., Inc. of Bedford, Massachusetts. section 337 of the Tariff Act of 1930, as
investigation. A supplement to the complaint was amended, an investigation be instituted
filed on October 6, 2017. The complaint to determine whether there is a
Responses to the complaint and the
alleges violations of section 337 based violation of subsection (a)(1)(B) of
notice of institution of investigation section 337 in the importation into the
upon the importation into the United
must be submitted by the named United States, the sale for importation,
States, the sale for importation, and the
respondent in accordance with section sale within the United States after or the sale within the United States after
210.13 of the Commission’s Rules of importation of certain magnetic data importation of certain magnetic data
Practice and Procedure, 19 CFR 210.13. storage tapes and cartridges containing storage tapes and cartridges containing
Pursuant to 19 CFR 201.16(e) and the same by reason of infringement of the same by reason of infringement of
210.13(a), such responses will be certain claims of U.S. Patent No. one or more of claims 1–5 and 7–9 of
considered by the Commission if 6,630,256 (‘‘the ’256 patent’’); U.S. the ’256 patent; 1–14 of the ’451 patent;
received not later than 20 days after the Patent No. 6,835,451 (‘‘the ’451 patent’’); claims 1, 2, and 6–12 of the ’899 patent;
date of service by the Commission of the U.S. Patent No. 7,011,899 (‘‘the ’899 claims 1–4 of the ’905 patent; and
complaint and the notice of institution patent’’); U.S. Patent No. 6,462,905 (‘‘the claims 1–12 and 18–22 of the ’094
of investigation. Extensions of time for ’905 patent’’); and U.S. Patent No. patent, and whether an industry in the
submitting responses to the complaint 6,783,094 (‘‘the ’094 patent’’). The United States exists as required by
and the notice of investigation will not complaint further alleges that an subsection (a)(2) of section 337;
be granted unless good cause therefor is industry in the United States exists as (2) Pursuant to Commission Rule
shown. required by the applicable Federal 210.50(b)(1), 19 CFR 210.50(b)(1), the
Statute. presiding administrative law judge shall
Failure of the respondent to file a The complainants request that the take evidence or other information and
timely response to each allegation in the Commission institute an investigation hear arguments from the parties and
complaint and in this notice may be and, after the investigation, issue a other interested persons with respect to
deemed to constitute a waiver of the limited exclusion order and cease and the public interest in this investigation,
right to appear and contest the desist orders. as appropriate, and provide the
allegations of the complaint and this ADDRESSES: The complaint, except for Commission with findings of fact and a
notice, and to authorize the any confidential information contained recommended determination on this
administrative law judge and the therein, is available for inspection issue, which shall be limited to the
Commission, without further notice to during official business hours (8:45 a.m. statutory public interest factors set forth
the respondent, to find the facts to be as to 5:15 p.m.) in the Office of the in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
alleged in the complaint and this notice Secretary, U.S. International Trade (3) For the purpose of the
and to enter an initial determination Commission, 500 E Street SW., Room investigation so instituted, the following
and a final determination containing 112, Washington, DC 20436, telephone are hereby named as parties upon which
such findings, and may result in the (202) 205–2000. Hearing impaired this notice of investigation shall be
issuance of an exclusion order or a cease individuals are advised that information served:
and desist order, or both directed on this matter can be obtained by (a) The complainants are:
against the respondent. contacting the Commission’s TDD
FUJIFILM Corporation, 7–3 Akasaka 9-
terminal on (202) 205–1810. Persons
By order of the Commission. chome, Minato-ku, Tokyo 107–0052,
with mobility impairments who will
Issued: October 19, 2017. Japan
need special assistance in gaining access
FUJIFILM Recording Media U.S.A., Inc.,
Lisa R. Barton, to the Commission should contact the
45 Crosby Drive, Bedford, MA 01730–
Office of the Secretary at (202) 205–
sradovich on DSK3GMQ082PROD with NOTICES

Secretary to the Commission. 1401
[FR Doc. 2017–23104 Filed 10–24–17; 8:45 am] 2000. General information concerning
the Commission may also be obtained (b) The respondents are the following
BILLING CODE 7020–02–P entities alleged to be in violation of
by accessing its internet server at
https://www.usitc.gov. The public section 337, and are the parties upon
record for this investigation may be which the complaint is to be served:
viewed on the Commission’s electronic Sony Corporation, 1–7–1 Kōnan,
docket (EDIS) at https://edis.usitc.gov. Minato-ku, Tokyo 108–0075, Japan

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Document Created: 2017-10-25 01:16:48
Document Modified: 2017-10-25 01:16:48

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		The Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		82 FR 49420