82 FR 49421 - Certain Magnetic Data Storage Tapes and Cartridges Containing the Same (II); Institution of Investigation

INTERNATIONAL TRADE COMMISSION

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

Page Range		49421-49422
FR Document		2017-23105

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 19, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of FUJIFILM Corporation of Japan and FUJIFILM Recording Media U.S.A., Inc. of Bedford, Massachusetts. A supplement to the complaint was filed on October 6, 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 magnetic data storage tapes and cartridges containing the same by reason of infringement of certain claims of U.S. Patent No. 6,630,256 (``the '256 patent''); U.S. Patent No. 6,835,451 (``the '451 patent''); U.S. Patent No. 7,011,899 (``the '899 patent''); U.S. Patent No. 6,462,905 (``the '905 patent''); and U.S. Patent No. 6,783,094 (``the '094 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 205 (Wednesday, October 25, 2017)

[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49421-49422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23105]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1076]


Certain Magnetic Data Storage Tapes and Cartridges Containing the 
Same (II); Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 19, 2017, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of 
FUJIFILM Corporation of Japan and FUJIFILM Recording Media U.S.A., Inc. 
of Bedford, Massachusetts. A supplement to the complaint was filed on 
October 6, 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 
magnetic data storage tapes and cartridges containing the same by 
reason of infringement of certain claims of U.S. Patent No. 6,630,256 
(``the '256 patent''); U.S. Patent No. 6,835,451 (``the '451 patent''); 
U.S. Patent No. 7,011,899 (``the '899 patent''); U.S. Patent No. 
6,462,905 (``the '905 patent''); and U.S. Patent No. 6,783,094 (``the 
'094 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 October 19, 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 magnetic 
data storage tapes and cartridges containing the same by reason of 
infringement of one or more of claims 1-5 and 7-9 of the '256 patent; 
1-14 of the '451 patent; claims 1, 2, and 6-12 of the '899 patent; 
claims 1-4 of the '905 patent; and claims 1-12 and 18-22 of the '094 
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 210.50(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 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 complainants are:

FUJIFILM Corporation, 7-3 Akasaka 9-chome, Minato-ku, Tokyo 107-0052, 
Japan
FUJIFILM Recording Media U.S.A., Inc., 45 Crosby Drive, Bedford, MA 
01730-1401

    (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:

Sony Corporation, 1-7-1 K[omacr]nan, Minato-ku, Tokyo 108-0075, Japan

[[Page 49422]]

Sony Storage Media Solutions Corporation, 1-7-1 K[omacr]nan, Minato-ku, 
Tokyo 108-0075, Japan
Sony Storage Media Manufacturing Corporation, 3-4-1 Sakuragi, Tagajo, 
Miyagi 985-0842, Japan
Sony DADC US Inc., 1800 North Fruitridge Avenue, Terre Haute, IN 47804
Sony Latin America Inc., 5201 Blue Lagoon Drive, Suite 400, Miami, FL 
33126

    (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 19, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-23105 Filed 10-24-17; 8:45 am]
 BILLING CODE 7020-02-P

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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49422 Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices

Sony Storage Media Solutions INTERNATIONAL TRADE Unfair Import Investigations, U.S.
Corporation, 1–7–1 Kōnan, Minato- COMMISSION International Trade Commission,
ku, Tokyo 108–0075, Japan telephone (202) 205–2560.
[Investigation No. 337–TA–1077]
Sony Storage Media Manufacturing SUPPLEMENTARY INFORMATION:
Corporation, 3–4–1 Sakuragi, Tagajo, Certain Reusable Diapers, Authority: The authority for
Miyagi 985–0842, Japan Components Thereof, and Products institution of this investigation is
Containing the Same; Institution of contained in section 337 of the Tariff
Sony DADC US Inc., 1800 North Act of 1930, as amended, 19 U.S.C. 1337
Investigation
Fruitridge Avenue, Terre Haute, IN and in section 210.10 of the
47804 AGENCY: U.S. International Trade Commission’s Rules of Practice and
Sony Latin America Inc., 5201 Blue Commission. Procedure, 19 CFR 210.10 (2017).
Lagoon Drive, Suite 400, Miami, FL ACTION: Notice. Scope of Investigation: Having
33126 considered the complaint, the U.S.
SUMMARY: Notice is hereby given that a International Trade Commission, on
(c) The Office of Unfair Import complaint was filed with the U.S. October 19, 2017, ordered that—
Investigations, U.S. International Trade International Trade Commission on (1) Pursuant to subsection (b) of
Commission, 500 E Street SW., Suite September 19, 2017, under section 337 section 337 of the Tariff Act of 1930, as
401, Washington, DC 20436; and of the Tariff Act of 1930, as amended, amended, an investigation be instituted
on behalf of Cotton Babies, Inc. of to determine:
(4) For the investigation so instituted, Fenton, Missouri. A supplement to the
the Chief Administrative Law Judge, (a) Whether there is a violation of
Complaint was filed on October 2, 2017. subsection (a)(1)(B) of section 337 in the
U.S. International Trade Commission, The complaint alleges violations of importation into the United States, the
shall designate the presiding section 337 based upon the importation sale for importation, or the sale within
Administrative Law Judge. into the United States, the sale for the United States after importation of
Responses to the complaint and the importation, and the sale within the certain reusable diapers, components
notice of investigation must be United States after importation of thereof, and products containing the
submitted by the named respondents in certain reusable diapers, components same by reason of infringement of one
accordance with section 210.13 of the thereof, and products containing the or more of claims 1, 13, 20, and 21 of
Commission’s Rules of Practice and same by reason of infringement of U.S. the ’007 patent, and whether an
Procedure, 19 CFR 210.13. Pursuant to Trademark Registration No. 4,120,270 industry in the United States exists as
19 CFR 201.16(e) and 210.13(a), such (‘‘the ’270 trademark’’) and certain required by subsection (a)(2) of section
responses will be considered by the claims of U.S. Patent No. 8,518,007 337;
Commission if received not later than 20 (‘‘the ’007 patent’’). The complaint (b) Whether there is a violation of
further alleges that an industry in the subsection (a)(1)(C) of section 337 in the
days after the date of service by the
United States exists as required by the importation into the United States, the
Commission of the complaint and the
applicable Federal Statute. sale for importation, or the sale within
notice of investigation. Extensions of The complainant requests that the
time for submitting responses to the the United States after importation of
Commission institute an investigation certain reusable diapers, components
complaint and the notice of and, after the investigation, issue a
investigation will not be granted unless thereof, and products containing the
general exclusion order, or in the same by reason of infringement of the
good cause therefor is shown. alternative a limited exclusion order, ’270 trademark, and whether an
Failure of a respondent to file a timely and cease and desist orders. industry in the United States exists as
response to each allegation in the ADDRESSES: The complaint, except for required by subsection (a)(2) of section
complaint and in this notice may be any confidential information contained 337;
deemed to constitute a waiver of the therein, is available for inspection (2) For the purpose of the
right to appear and contest the during official business hours (8:45 a.m. investigation so instituted, the following
allegations of the complaint and this to 5:15 p.m.) in the Office of the are hereby named as parties upon which
notice, and to authorize the Secretary, U.S. International Trade this notice of investigation shall be
administrative law judge and the Commission, 500 E Street SW., Room served:
Commission, without further notice to 112, Washington, DC 20436, telephone (a) The complainant is: Cotton Babies,
the respondent, to find the facts to be as (202) 205–2000. Hearing impaired Inc., 1299 N. Highway Drive, Fenton,
alleged in the complaint and this notice individuals are advised that information MO 63026.
and to enter an initial determination on this matter can be obtained by (b) The respondents are the following
and a final determination containing contacting the Commission’s TDD entities alleged to be in violation of
such findings, and may result in the terminal on (202) 205–1810. Persons section 337, and is the parties upon
issuance of an exclusion order or a cease with mobility impairments who will which the complaint is to be served:
need special assistance in gaining access Alvababy.com, 4th Floor, Building 5,
and desist order or both directed against
to the Commission should contact the Zone 2, Qingxiechang, Yaqiuhu
the respondent.
Office of the Secretary at (202) 205– Industrial Park, Mumianwan, Buji
By order of the Commission. 2000. General information concerning Street, Longgang District, ShenZhen,
Issued: October 19, 2017. the Commission may also be obtained Guangdong, China
sradovich on DSK3GMQ082PROD with NOTICES

Lisa R. Barton, by accessing its internet server at Shenzhen Adsel Trading Co., Ltd.,
Secretary to the Commission. https://www.usitc.gov. The public d/b/a Alva, Room 802, 8/F Haoyunlai
record for this investigation may be Building, Yanhe Road; Luohu District,
[FR Doc. 2017–23105 Filed 10–24–17; 8:45 am]
viewed on the Commission’s electronic Shenzhen, Guangdong, China 518000
BILLING CODE 7020–02–P
docket (EDIS) at https://edis.usitc.gov. Huizhou Huapin Garment Co., Ltd.,
FOR FURTHER INFORMATION CONTACT: Plant 23, Gexin Street, Sandong
Pathenia M. Proctor, The Office of Town, Huizhou, Guangdong, China

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Document Created: 2017-10-25 01:16:57
Document Modified: 2017-10-25 01:16:57

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 49421