82 FR 55117 - Certain Personal Computers, Mobile Devices, Digital Media Players, and Microconsoles; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 222 (November 20, 2017)
Federal Register Volume 82, Issue 222 (November 20, 2017)
| Page Range | 55117-55118 | |
| FR Document | 2017-25054 |
[Federal Register Volume 82, Number 222 (Monday, November 20, 2017)] [Notices] [Pages 55117-55118] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25054] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1083] Certain Personal Computers, Mobile Devices, Digital Media Players, and Microconsoles; 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 October 10, 2017, under the Tariff Act of 1930, as amended, on behalf of Aqua Connect, Inc. and Strategic Technology Partners, LLC, both of Orange, California. A letter supplementing the complaint and attaching supplemental exhibits was filed on November 2, 2017. A second supplemental letter requesting revision of the original caption was also filed on November 2, 2017. The complaint as supplemented alleges violations of the Tariff Act based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain personal computers, mobile devices, digital media players, and microconsoles by reason of infringement of one or more claims of U.S. Patent No. RE46,386 (``the '386 patent'') and U.S. Patent No. 8,924,502 (``the '502 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 a cease and desist order. A motion for temporary relief filed concurrently with the complaint requests that the Commission issue a temporary limited exclusion order and temporary cease and desist order prohibiting the importation into and the sale within the United States after importation of certain Mac computers running macOS 10.7 or above that infringe claims 1, 4, 9, and 27 of the [[Page 55118]] '386 patent and 1, 4, 9, 27, 36, and 38 of the '502 patent during the course of the Commission's investigation. 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 November 14, 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 personal computers, mobile devices, digital media players, and microconsoles by reason of infringement of one or more of claims 1-4, 8-19, 21-29, and 31-35 of the '386 patent and 1-4, 8-19, 21-29, 31-36, and 38 of the '502 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to section 210.58 of the Commission's Rules of Practice and Procedure, 19 CFR 210.58, the motion for temporary relief under subsection (e) of section 337 of the Tariff Act of 1930, which was filed with the complaint, is provisionally accepted and referred to the presiding administrative law judge for investigation; (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: Aqua Connect, Inc., 1815 E. Heim Ave., Suite 100, Orange, CA 92865 Strategic Technology Partners, LLC, 1815 E. Heim Ave., Suite 100, Orange, CA 92865 (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: Apple Inc., 1 Infinite Loop, Cupertino, CA 95014. (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. Either the Chief Administrative Law Judge or the presiding Administrative Law Judge is authorized to designate the investigation as ``more complicated'' should either one so determine. Responses to the complaint, the motion for temporary relief, and the notice of investigation must be submitted by the named respondent in accordance with sections 210.13 and 210.59 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to 19 CFR 201.16 (e), 210.13(a), and 210.59, such responses will be considered by the Commission if received not later than 10 days after the date of service by the Commission of the complaint, the motion for temporary relief, and the notice of investigation if the investigation has not been declared ``more complicated.'' Extensions of time for submitting responses to the complaint, motion for temporary relief, 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, in the motion for temporary relief, and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint, the motion for temporary relief, 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, the motion for temporary relief, 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: November 14, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-25054 Filed 11-17-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices 55117
The complaint alleges violations of final initial determination in this and of §§ 201.10 and 210.8(c) of the
section 337 of the Tariff Act of 1930 (19 investigation. Commission’s Rules of Practice and
U.S.C. 1337) in the importation into the Persons filing written submissions Procedure (19 CFR 201.10, 210.8(c)).
United States, the sale for importation, must file the original document By order of the Commission.
and the sale within the United States electronically on or before the deadlines
Issued: November 14, 2017.
after importation of certain intraoral stated above and submit 8 true paper
copies to the Office of the Secretary by Lisa R. Barton,
scanners and related hardware and
software. The complaint names as noon the next day pursuant to § 210.4(f) Secretary to the Commission.
respondents 3Shape A/S Inc. of of the Commission’s Rules of Practice [FR Doc. 2017–25060 Filed 11–17–17; 8:45 am]
Denmark and 3Shape, Inc. of Warren, and Procedure (19 CFR 210.4(f)). BILLING CODE 7020–02–P
NJ. The complainant requests that the Submissions should refer to the docket
Commission issue a limited exclusion number (‘‘Docket No. 3274’’) in a
order, cease and desist orders and prominent place on the cover page and/ INTERNATIONAL TRADE
impose a bond upon respondents’ or the first page. (See Handbook for COMMISSION
alleged infringing articles during the 60- Electronic Filing Procedures, Electronic [Investigation No. 337–TA–1083]
day Presidential review period pursuant Filing Procedures).1 Persons with
to 19 U.S.C. 1337(j). questions regarding filing should Certain Personal Computers, Mobile
Proposed respondents, other contact the Secretary (202–205–2000). Devices, Digital Media Players, and
interested parties, and members of the Any person desiring to submit a Microconsoles; Institution of
public are invited to file comments, not document to the Commission in Investigation
to exceed five (5) pages in length, confidence must request confidential
treatment. All such requests should be AGENCY: U.S. International Trade
inclusive of attachments, on any public Commission.
interest issues raised by the complaint directed to the Secretary to the
Commission and must include a full ACTION: Notice.
or § 210.8(b) filing. Comments should
address whether issuance of the relief statement of the reasons why the
Commission should grant such SUMMARY: Notice is hereby given that a
specifically requested by the complaint was filed with the U.S.
complainant in this investigation would treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the International Trade Commission on
affect the public health and welfare in October 10, 2017, under the Tariff Act
the United States, competitive Commission is properly sought will be
treated accordingly. All such requests of 1930, as amended, on behalf of Aqua
conditions in the United States Connect, Inc. and Strategic Technology
should be directed to the Secretary to
economy, the production of like or Partners, LLC, both of Orange,
the Commission and must include a full
directly competitive articles in the California. A letter supplementing the
statement of the reasons why the
United States, or United States complaint and attaching supplemental
Commission should grant such
consumers. exhibits was filed on November 2, 2017.
treatment. See 19 CFR 201.6. Documents
In particular, the Commission is A second supplemental letter requesting
for which confidential treatment by the
interested in comments that: Commission is properly sought will be revision of the original caption was also
(i) Explain how the articles treated accordingly. All information, filed on November 2, 2017. The
potentially subject to the requested including confidential business complaint as supplemented alleges
remedial orders are used in the United information and documents for which violations of the Tariff Act based upon
States; confidential treatment is properly the importation into the United States,
(ii) identify any public health, safety, sought, submitted to the Commission for the sale for importation, and the sale
or welfare concerns in the United States purposes of this Investigation may be within the United States after
relating to the requested remedial disclosed to and used: (i) By the importation of certain personal
orders; Commission, its employees and Offices, computers, mobile devices, digital
(iii) identify like or directly and contract personnel (a) for media players, and microconsoles by
competitive articles that complainant, developing or maintaining the records reason of infringement of one or more
its licensees, or third parties make in the of this or a related proceeding, or (b) in claims of U.S. Patent No. RE46,386 (‘‘the
United States which could replace the internal investigations, audits, reviews, ’386 patent’’) and U.S. Patent No.
subject articles if they were to be and evaluations relating to the 8,924,502 (‘‘the ’502 patent’’). The
excluded; programs, personnel, and operations of complaint further alleges that an
(iv) indicate whether complainant, the Commission including under 5 industry in the United States exists as
complainant’s licensees, and/or third U.S.C. Appendix 3; or (ii) by U.S. required by the applicable Federal
party suppliers have the capacity to government employees and contract Statute.
replace the volume of articles personnel,2 solely for cybersecurity The complainants request that the
potentially subject to the requested purposes. All nonconfidential written Commission institute an investigation
exclusion order and/or a cease and submissions will be available for public and, after the investigation, issue a
desist order within a commercially inspection at the Office of the Secretary limited exclusion order and a cease and
reasonable time; and and on EDIS.3 desist order.
(v) explain how the requested This action is taken under the A motion for temporary relief filed
remedial orders would impact United authority of section 337 of the Tariff Act concurrently with the complaint
States consumers. of 1930, as amended (19 U.S.C. 1337), requests that the Commission issue a
nshattuck on DSK9F9SC42PROD with NOTICES
Written submissions must be filed no temporary limited exclusion order and
later than by close of business, eight 1 Handbook for Electronic Filing Procedures: temporary cease and desist order
calendar days after the date of https://www.usitc.gov/documents/handbook_on_ prohibiting the importation into and the
filing_procedures.pdf.
publication of this notice in the Federal 2 All contract personnel will sign appropriate
sale within the United States after
Register. There will be further nondisclosure agreements. importation of certain Mac computers
opportunities for comment on the 3 Electronic Document Information System running macOS 10.7 or above that
public interest after the issuance of any (EDIS): https://edis.usitc.gov. infringe claims 1, 4, 9, and 27 of the
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![55118 Federal Register / Vol. 82, No. 222 / Monday, November 20, 2017 / Notices
’386 patent and 1, 4, 9, 27, 36, and 38 the presiding administrative law judge enter an initial determination and a
of the ’502 patent during the course of for investigation; final determination containing such
the Commission’s investigation. (3) For the purpose of the findings, and may result in the issuance
ADDRESSES: The complaint, except for investigation so instituted, the following of an exclusion order or a cease and
any confidential information contained are hereby named as parties upon which desist order or both directed against the
therein, is available for inspection this notice of investigation shall be respondent.
during official business hours (8:45 a.m. served: By order of the Commission.
to 5:15 p.m.) in the Office of the (a) The complainants are:
Issued: November 14, 2017.
Secretary, U.S. International Trade Aqua Connect, Inc., 1815 E. Heim Ave.,
Lisa R. Barton,
Commission, 500 E Street SW., Room Suite 100, Orange, CA 92865
Strategic Technology Partners, LLC, Secretary to the Commission.
112, Washington, DC 20436, telephone
1815 E. Heim Ave., Suite 100, Orange, [FR Doc. 2017–25054 Filed 11–17–17; 8:45 am]
(202) 205–2000. Hearing impaired
individuals are advised that information CA 92865 BILLING CODE 7020–02–P
on this matter can be obtained by (b) The respondent is the following
contacting the Commission’s TDD entity alleged to be in violation of
INTERNATIONAL TRADE
terminal on (202) 205–1810. Persons section 337, and is the party upon
COMMISSION
with mobility impairments who will which the complaint is to be served:
need special assistance in gaining access Apple Inc., 1 Infinite Loop, Cupertino, [Investigation No. 337–TA–1082]
to the Commission should contact the CA 95014.
Office of the Secretary at (202) 205– Certain Gas Spring Nailer Products
(c) The Office of Unfair Import
2000. General information concerning and Components Thereof; Institution
Investigations, U.S. International Trade
the Commission may also be obtained of Investigation
Commission, 500 E Street SW., Suite
by accessing its internet server at 401, Washington, DC 20436; and AGENCY: U.S. International Trade
https://www.usitc.gov. The public (4) For the investigation so instituted, Commission.
record for this investigation may be the Chief Administrative Law Judge, ACTION: Notice.
viewed on the Commission’s electronic U.S. International Trade Commission,
docket (EDIS) at https://edis.usitc.gov. shall designate the presiding SUMMARY: Notice is hereby given that a
FOR FURTHER INFORMATION CONTACT: Administrative Law Judge. Either the complaint was filed with the U.S.
Pathenia M. Proctor, The Office of Chief Administrative Law Judge or the International Trade Commission on
Unfair Import Investigations, U.S. presiding Administrative Law Judge is September 26, 2017, under the Tariff
International Trade Commission, authorized to designate the investigation Act of 1930, as amended, on behalf of
telephone (202) 205–2560. as ‘‘more complicated’’ should either Kyocera Senco Brands Inc. of
SUPPLEMENTARY INFORMATION: one so determine. Cincinnati, Ohio. A supplement was
Responses to the complaint, the filed on October 5, 2017. An amended
Authority: The authority for institution of
this investigation is contained in section 337 motion for temporary relief, and the complaint was filed on October 17,
of the Tariff Act of 1930, as amended, 19 notice of investigation must be 2017. Supplements to the amended
U.S.C. 1337 and in section 210.10 of the submitted by the named respondent in complaint were filed on November 3,
Commission’s Rules of Practice and accordance with sections 210.13 and 2017, November 8, 2017 and November
Procedure, 19 CFR 210.10 (2017). 210.59 of the Commission’s Rules of 9, 2017. The amended complaint as
Scope of Investigation: Having Practice and Procedure, 19 CFR 210.13 supplemented alleges violations of the
considered the complaint, the U.S. and 210.59. Pursuant to 19 CFR 201.16 Tariff Act based upon the importation
International Trade Commission, on (e), 210.13(a), and 210.59, such into the United States, the sale for
November 14, 2017, ordered that— responses will be considered by the importation, and the sale within the
(1) Pursuant to subsection (b) of Commission if received not later than 10 United States after importation of
section 337 of the Tariff Act of 1930, as days after the date of service by the certain gas spring nailer products and
amended, an investigation be instituted Commission of the complaint, the components thereof by reason of
to determine whether there is a motion for temporary relief, and the infringement of one or more of U.S.
violation of subsection (a)(1)(B) of notice of investigation if the Patent No. 8,011,547 (‘‘the ’547 patent’’);
section 337 in the importation into the investigation has not been declared U.S. Patent No. 8,267,296 (‘‘the ’296
United States, the sale for importation, ‘‘more complicated.’’ Extensions of time patent’’); U.S. Patent No. 8,267,297 (‘‘the
or the sale within the United States after for submitting responses to the ’297 patent’’); U.S. Patent No. 8,387,718
importation of certain personal complaint, motion for temporary relief, (‘‘the ’718 patent’’); U.S. Patent No.
computers, mobile devices, digital and the notice of investigation will not 8,286,722 (‘‘the ’722 patent’’); and U.S.
media players, and microconsoles by be granted unless good cause therefor is Patent No. 8,602,282 (‘‘the ’282 patent’’).
reason of infringement of one or more of shown. The amended complaint further alleges
claims 1–4, 8–19, 21–29, and 31–35 of Failure of the respondent to file a that an industry in the United States
the ’386 patent and 1–4, 8–19, 21–29, timely response to each allegation in the exists as required by the applicable
31–36, and 38 of the ’502 patent; and complaint, in the motion for temporary Federal Statute.
whether an industry in the United relief, and in this notice may be deemed The complainant requests that the
States exists as required by subsection to constitute a waiver of the right to Commission institute an investigation
(a)(2) of section 337; appear and contest the allegations of the and, after the investigation, issue a
nshattuck on DSK9F9SC42PROD with NOTICES
(2) Pursuant to section 210.58 of the complaint, the motion for temporary limited exclusion order, and cease and
Commission’s Rules of Practice and relief, and this notice, and to authorize desist orders.
Procedure, 19 CFR 210.58, the motion the administrative law judge and the ADDRESSES: The complaint, as amended,
for temporary relief under subsection (e) Commission, without further notice to except for any confidential information
of section 337 of the Tariff Act of 1930, the respondent, to find the facts to be as contained therein, is available for
which was filed with the complaint, is alleged in the complaint, the motion for inspection during official business
provisionally accepted and referred to temporary relief, and this notice and to hours (8:45 a.m. to 5:15 p.m.) in the
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Document Created: 2018-10-25 10:41:49
Document Modified: 2018-10-25 10:41:49
| 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 55117 |
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