82_FR_57844 82 FR 57611 - Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same; Commission Decision To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions

82 FR 57611 - Certain Composite Aerogel Insulation Materials and Methods for Manufacturing the Same; Commission Decision To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 233 (December 6, 2017)

Page Range57611-57613
FR Document2017-26238

Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge's (``ALJ'') final initial determination (``ID'') issued on September 29, 2017, finding a violation of section 337 of the Tariff Act of 1930, as amended, in the above-captioned investigation.

Federal Register, Volume 82 Issue 233 (Wednesday, December 6, 2017)
[Federal Register Volume 82, Number 233 (Wednesday, December 6, 2017)]
[Notices]
[Pages 57611-57613]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26238]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1003]


Certain Composite Aerogel Insulation Materials and Methods for 
Manufacturing the Same; Commission Decision To Review in Part a Final 
Initial Determination Finding a Violation of Section 337; Request for 
Written Submissions

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part the presiding 
administrative law judge's (``ALJ'') final initial determination 
(``ID'') issued on September 29, 2017, finding a violation of section 
337 of the Tariff Act of 1930, as amended, in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 20436, 
telephone (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. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 8, 2016, based on a complaint filed by Aspen Aerogels, Inc. of 
Northborough, Massachusetts (``Aspen''). 81 FR 36955-956 (Jun. 8, 
2016). The complaint alleges violations

[[Page 57612]]

of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 
in the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
composite aerogel insulation materials and methods for manufacturing 
the same by reason of infringement of certain claims of U.S. Patent No. 
7,399,439 (``the '439 patent''); U.S. Patent No. 9,181,486 (``the '486 
patent''); U.S. Patent No. 7,078,359 (``the '359 patent''); U.S. Patent 
No. 6,989,123 (``the '123 patent''); and U.S. Patent No. 7,780,890 
(``the '890 patent''). The complaint further alleges that an industry 
in the United States exists as required by 19 U.S.C. 1337(a)(2). The 
notice of investigation named Nano Tech Co., Ltd. of Zhejiang, China 
(``Nano''), and Guangdong Alison Hi-Tech Co., Ltd. of Guangzhou, China 
(``Alison''), as respondents. The Office of Unfair Import 
Investigations (``OUII'') is also a party in this investigation.
    All asserted claims of the '439 patent and the '486 patent and 
certain asserted claims of the '359 have been terminated from the 
investigation. See Comm'n Notice (Nov. 2, 2016); Comm'n Notice (Feb. 9, 
2017). Only claims 15-17, and 19 of the '123 patent; claims 1, 5, 7, 9, 
12, 15, and 16 of the '359 patent; and claims 11-13, 15, 17-19, and 21 
of the '890 patent (``the Asserted Claims'') remain in the 
investigation.
    On November 15, 2016, the ALJ issued Order No. 19, granting Aspen's 
motion for summary determination that the economic prong of the 
domestic industry requirement has been satisfied under section 
337(a)(3)(A) and (B). The Commission determined to review in part Order 
No. 19. See Comm'n Notice (Dec. 7, 2016). On review, the Commission 
affirmed with modification the summary determination that Aspen 
satisfies the economic prong of the domestic industry requirement. See 
id. at 1-2.
    On September 29, 2017, the ALJ issued the final ID in this 
investigation, finding a violation of section 337 by Respondents Alison 
and Nano in connection with claims 1, 5, 7, and 9 of the '359 patent; 
claims 15-17, and 19 of the '123 patent; and claims 11-13, 15, 17-19, 
and 21 of the '890 patent. The ID also finds a violation of section 337 
by Respondent Nano in connection with claims 12, 15, and 16 of the '359 
patent. In addition, the ID finds that Aspen has shown that its 
domestic industry products satisfy the technical prong of the domestic 
industry requirement for the Asserted Patents. The ID further finds 
that Respondents have not shown that the Asserted Claims are invalid.
    The ID also contains the ALJ's recommended determination on remedy 
and bonding. The ALJ recommended that the appropriate remedy is a 
limited exclusion order with a certification provision prohibiting the 
entry of certain composite aerogel insulation materials manufactured 
abroad by or on behalf of Respondents Alison and Nano that infringe 
certain claims of the '359 patent, and/or that are manufactured using 
certain claimed methods of the '123 patent and the '890 patent.
    On October 16, 2017, Respondents and OUII each filed a timely 
petition for review of the final ID. Respondents and OUII challenge 
certain of the ID's findings with respect to the validity of the 
Asserted Claims and the ID's findings with respect to claim 5 of the 
'359 patent. Respondent Alison separately challenges the ID's finding 
of infringement with respect to claim 9 of the '359 patent. That same 
day, Aspen filed a contingent petition for review of the final ID, 
challenging the ALJ's construction of two claim limitations in the '359 
patent. On October 24, 2017, the parties filed timely responses to the 
petitions for review. On October 31, 2017, the parties filed their 
public interest comments pursuant to Commission Rule 210.50(a)(4).
    Having examined the record of this investigation, including the ID, 
the petitions for review, and the responses thereto, the Commission has 
determined to review the ID in part. Specifically, with respect to the 
'359 patent, the Commission has determined to review the ALJ's 
construction of the ``lofty fibrous batting'' limitation in claim 1 of 
the '359 patent. The Commission's review of the ``lofty fibrous 
batting'' limitation does not include the ID's finding that Respondents 
have not proven that the term is invalid for indefiniteness. The 
Commission has also determined to review the ALJ's constructions of the 
additional limitations in claims 5 and 9, and the ``total surface area 
of that cross section'' limitation of claim 12 of the '359 patent, and 
the ID's associated findings on infringement and the technical prong of 
the domestic industry requirement with respect to those claims and 
claims 15 and 16 of the '359 patent. In addition, the Commission has 
determined to review the ID's findings that the asserted claims of the 
'359 patent are not invalid in view of Ramamurthi by itself or in 
combination with other prior art. With respect to the '123 and the '890 
patents, the Commission has determined to review the ID's finding that 
claim 15 of the '123 patent and claims 11-13, 15, 17, and 21-23 of the 
'890 patent are not obvious in view of Ramamurthi and either Uchida or 
Yada. The Commission has determined not to review the remaining issues 
decided in the ID.
    The parties are requested to brief their positions on the issues 
under review with reference to the applicable law and the evidentiary 
record. In connection with its review, the Commission is particularly 
interested in responses to the following questions:
    1. Please address the proper scope of claim 9 of the '359 patent 
and, in particular, the ``about 1 to 20%'' limitation. Your response 
should be limited to the evidence in the record, including a discussion 
of relevant statements, if any, made in the prosecution history.
    2. With reference to question one, please address whether 
Respondent Alison's accused products infringe claim 9 of the '359 
patent under the proper construction of the ``about 1 to 20%'' 
limitation.
    3. With reference to question one, please discuss whether 
Ramamurthi anticipates the limitation ``the dopant is present in an 
amount of about 1 to 20% by weight of the total weight of the 
composite'' in claim 9 of the '359 patent.
    4. Please address whether the Commission should adopt Dr. Gnade's 
interpretation or Dr. Leventis' interpretation of the ``total surface 
area of that cross section'' limitation in claim 12 of the '359 patent. 
Your response should be limited to the evidence in the record, 
including a discussion of relevant statements, if any, made in the 
prosecution history.
    5. With reference to question four, please address whether 
Respondents' accused products and Aspen's domestic industry products 
meet the limitation ``where the batting is sufficiently lofty that the 
cross-sectional area of the fibers of the batting visible in the cross-
section of the composite is less than 10% of the total surface area of 
that cross section'' under both Dr. Gnade's interpretation and Dr. 
Leventis' interpretation of the scope of claim 12 of the '359 patent.
    6. With reference to question four, please discuss whether 
Ramamurthi anticipates the limitation ``the cross-sectional area of the 
fibers of the batting visible in the cross-section of the composite is 
less than 10% of the total surface area of that cross section'' in 
claim 12 of the '359 patent.
    7. Please address Aspen's contention in its combined response (at 
82-84) that Respondents' petitions for review presents new arguments 
and new evidence concerning Uchida and Yada that they failed to raise 
in their post-hearing briefs.

[[Page 57613]]

    The parties have been invited to brief only these discrete issues, 
as enumerated above, with reference to the applicable law and 
evidentiary record. The parties are not to brief other issues on 
review, which are adequately presented in the parties' existing 
filings.
    In connection with the final disposition of this investigation, the 
Commission may issue an order that could result in the exclusion of the 
subject articles from entry into the United States. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (December 1994) 
(Commission Opinion).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order would have on (1) the public health and welfare, (2) 
competitive conditions in the U.S. economy, (3) U.S. production of 
articles that are like or directly competitive with those that are 
subject to investigation, and (4) U.S. consumers. The Commission is 
therefore interested in receiving written submissions that address the 
aforementioned public interest factors in the context of this 
investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested parties are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the recommended determination by the ALJ on 
remedy and bonding. Complainant and the Office of Unfair Import 
Investigations are also requested to submit proposed remedial orders 
for the Commission's consideration. Complainant is further requested to 
state the dates that the patents expire, the HTSUS numbers under which 
the accused products are imported, and any known importers of the 
accused products. The written submissions and proposed remedial orders 
must be filed no later than close of business on December 15, 2017. 
Initial submissions are limited to 40 pages, not including any 
attachments or exhibits related to discussion of the public interest. 
Reply submissions must be filed no later than the close of business on 
December 22, 2017. Reply submissions are limited to 20 pages, not 
including any attachments or exhibits related to discussion of remedy, 
the public interest, and bonding. No further submissions on these 
issues will be permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1003'') in a prominent place on 
the cover page and/or the first page. See Handbook on Filing 
Procedures, (https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
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    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
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    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: November 30, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-26238 Filed 12-5-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                        Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices                                                  57611

                                               Hawaiian organizations stated in this                   1930’s. De Laguna (1956) reports that                 Corporation that this notice has been
                                               notice may proceed.                                     caves in the vicinity had been looted as              published.
                                               DATES: Lineal descendants or                            early as 1934. Historical documents,                   Dated: September 20, 2017.
                                               representatives of any Indian Tribe or                  excavation records, and archeological                 Melanie O’Brien,
                                               Native Hawaiian organization not                        evidence indicate occupation sites in
                                                                                                                                                             Manager, National NAGPRA Program.
                                               identified in this notice that wish to                  this area are pre-contact Chugach, and
                                                                                                                                                             [FR Doc. 2017–26287 Filed 12–5–17; 8:45 am]
                                               request transfer of control of these                    that it has been the traditional burial
                                                                                                       grounds of the Chugach people since                   BILLING CODE 4312–52–P
                                               human remains should submit a written
                                               request with information in support of                  pre-contact times. The present-day
                                               the request to the Chugach National                     Indian Tribes represented at the Native
                                               Forest at the address in this notice by                 Village of Chenega (aka Chanega) and                  INTERNATIONAL TRADE
                                               January 5, 2018.                                        the Native Village of Tatitlek descended              COMMISSION
                                               ADDRESSES: Terri Marceron, Chugach                      from the earlier Chugach at Crafton                   [Investigation No. 337–TA–1003]
                                               National Forest, 161 East 1st Avenue,                   Island. Additionally, the Native Village
                                               Door 8, Anchorage, AK 99501,                            of Eyak (Cordova) may have had an                     Certain Composite Aerogel Insulation
                                               telephone (907) 743–9525, email                         association at Crafton Island.                        Materials and Methods for
                                               tmarceron@fs.fed.us.                                    Determinations Made by the USDA                       Manufacturing the Same; Commission
                                               SUPPLEMENTARY INFORMATION: Notice is                    Forest Service, Chugach National                      Decision To Review in Part a Final
                                               here given in accordance with the                       Forest                                                Initial Determination Finding a
                                               Native American Graves Protection and                                                                         Violation of Section 337; Request for
                                                                                                          Officials of the USDA Forest Service,              Written Submissions
                                               Repatriation Act (NAGPRA), 25 U.S.C.
                                                                                                       Chugach National Forest have
                                               3003, of the completion of an inventory                                                                       AGENCY: U.S. International Trade
                                                                                                       determined that:
                                               of human remains under the control of                                                                         Commission.
                                                                                                          • Pursuant to 25 U.S.C. 3001(9), the
                                               the Chugach National Forest,                                                                                  ACTION: Notice.
                                                                                                       human remains described in this notice
                                               Anchorage, AK. The human remains
                                                                                                       represent the physical remains of one
                                               were removed from Crafton Island, AK.                                                                         SUMMARY:   Notice is hereby given that
                                                  This notice is published as part of the              individual of Native American ancestry.
                                                                                                                                                             the U.S. International Trade
                                               National Park Service’s administrative                     • Pursuant to 25 U.S.C. 3001(2), there
                                                                                                                                                             Commission has determined to review
                                               responsibilities under NAGPRA, 25                       is a relationship of shared group
                                                                                                                                                             in part the presiding administrative law
                                               U.S.C. 3003(d)(3). The determinations in                identity that can be reasonably traced
                                                                                                                                                             judge’s (‘‘ALJ’’) final initial
                                               this notice are the sole responsibility of              between the Native American human
                                                                                                                                                             determination (‘‘ID’’) issued on
                                               the museum, institution, or Federal                     remains and contemporary communities
                                                                                                                                                             September 29, 2017, finding a violation
                                               agency that has control of the Native                   represented by the Native Village of
                                                                                                                                                             of section 337 of the Tariff Act of 1930,
                                               American human remains. The National                    Chenega (aka Chanega), Native Village
                                                                                                                                                             as amended, in the above-captioned
                                               Park Service is not responsible for the                 of Eyak (Cordova), and Native Village of
                                                                                                                                                             investigation.
                                               determinations in this notice.                          Tatitlek.
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                               Consultation                                            Additional Requestors and Disposition                 Cathy Chen, Esq., Office of the General
                                                 A detailed assessment of the human                      Lineal descendants or representatives               Counsel, U.S. International Trade
                                               remains was made by the Chugach                         of any Indian Tribe or Native Hawaiian                Commission, 500 E Street SW.,
                                               National Forest professional staff in                   organization not identified in this notice            Washington, DC 20436, telephone (202)
                                               consultation with representatives of the                that wish to request transfer of control              205–2392. Copies of non-confidential
                                               Native Village of Chenega (aka                          of these human remains should submit                  documents filed in connection with this
                                               Chanega), Native Village of Eyak                        a written request with information in                 investigation are or will be available for
                                               (Cordova), and Native Village of                        support of the request to Terri                       inspection during official business
                                               Tatitlek, and representatives of the                    Marceron, Chugach National Forest, 161                hours (8:45 a.m. to 5:15 p.m.) in the
                                               Chugach Alaska Corporation, which is                    East 1st Avenue, Door 8, Anchorage, AK                Office of the Secretary, U.S.
                                               not an Indian Tribe.                                    99501, telephone (907) 743–9525, email                International Trade Commission, 500 E
                                                                                                       tmarceron@fs.fed.us, by January 5, 2018.              Street SW., Washington, DC 20436,
                                               History and Description of the Remains                  After that date, if no additional                     telephone (202) 205–2000. General
                                                  In 2005, as part of an Archaeological                requestors have come forward, transfer                information concerning the Commission
                                               Resources Protection Act (ARPA)                         of control of the human remains to the                may also be obtained by accessing its
                                               incident, Chugach National Forest Law                   Native Village of Eyak (Cordova), the                 Internet server at https://www.usitc.gov.
                                               Enforcement staff seized human remains                  Native Village of Chenega (aka                        The public record for this investigation
                                               representing, at minimum, one                           Chanega), and the Native Village of                   may be viewed on the Commission’s
                                               individual, at a cabin on Peak Island,                  Tatitlek may proceed. By signed                       electronic docket (EDIS) at https://
                                               AK. According to case records, the                      delegated authority, and on behalf of the             edis.usitc.gov. Hearing-impaired
                                               person claiming ownership of the                        Native Village of Eyak, the Native                    persons are advised that information on
                                               human remains stated that they had                      Village of Chenega, and the Native                    this matter can be obtained by
                                               been collected from a cave on Crafton                   Village of Tatitlek, the Chugach Alaska               contacting the Commission’s TDD
                                               Island, in Prince William Sound circa                   Corporation will accept physical                      terminal on (202) 205–1810.
daltland on DSKBBV9HB2PROD with NOTICES




                                               1958. Based on size and shape, these                    custody of the human remains.                         SUPPLEMENTARY INFORMATION: The
                                               human remains likely belong to a                          The USDA Forest Service, Chugach                    Commission instituted this investigation
                                               female. No known individual was                         National Forest, is responsible for                   on June 8, 2016, based on a complaint
                                               identified. No associated funerary                      notifying the Native Village of Chenega               filed by Aspen Aerogels, Inc. of
                                               objects are present.                                    (aka Chanega), Native Village of Eyak                 Northborough, Massachusetts
                                                  Crafton Island is in an area that was                (Cordova), and Native Village of                      (‘‘Aspen’’). 81 FR 36955–956 (Jun. 8,
                                               extensively investigated in the early                   Tatitlek, and the Chugach Alaska                      2016). The complaint alleges violations


                                          VerDate Sep<11>2014   18:07 Dec 05, 2017   Jkt 244001   PO 00000   Frm 00043   Fmt 4703   Sfmt 4703   E:\FR\FM\06DEN1.SGM   06DEN1


                                               57612                    Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices

                                               of section 337 of the Tariff Act of 1930,                  The ID also contains the ALJ’s                     Ramamurthi and either Uchida or Yada.
                                               as amended, 19 U.S.C. 1337, in the                      recommended determination on remedy                   The Commission has determined not to
                                               importation into the United States, the                 and bonding. The ALJ recommended                      review the remaining issues decided in
                                               sale for importation, and the sale within               that the appropriate remedy is a limited              the ID.
                                               the United States after importation of                  exclusion order with a certification                     The parties are requested to brief their
                                               certain composite aerogel insulation                    provision prohibiting the entry of                    positions on the issues under review
                                               materials and methods for                               certain composite aerogel insulation                  with reference to the applicable law and
                                               manufacturing the same by reason of                     materials manufactured abroad by or on                the evidentiary record. In connection
                                               infringement of certain claims of U.S.                  behalf of Respondents Alison and Nano                 with its review, the Commission is
                                               Patent No. 7,399,439 (‘‘the ’439 patent’’);             that infringe certain claims of the ’359              particularly interested in responses to
                                               U.S. Patent No. 9,181,486 (‘‘the ’486                   patent, and/or that are manufactured                  the following questions:
                                               patent’’); U.S. Patent No. 7,078,359 (‘‘the             using certain claimed methods of the                     1. Please address the proper scope of
                                               ’359 patent’’); U.S. Patent No. 6,989,123               ’123 patent and the ’890 patent.                      claim 9 of the ’359 patent and, in
                                               (‘‘the ’123 patent’’); and U.S. Patent No.                 On October 16, 2017, Respondents                   particular, the ‘‘about 1 to 20%’’
                                               7,780,890 (‘‘the ’890 patent’’). The                    and OUII each filed a timely petition for             limitation. Your response should be
                                               complaint further alleges that an                       review of the final ID. Respondents and               limited to the evidence in the record,
                                               industry in the United States exists as                 OUII challenge certain of the ID’s                    including a discussion of relevant
                                               required by 19 U.S.C. 1337(a)(2). The                   findings with respect to the validity of              statements, if any, made in the
                                               notice of investigation named Nano                      the Asserted Claims and the ID’s                      prosecution history.
                                               Tech Co., Ltd. of Zhejiang, China                       findings with respect to claim 5 of the                  2. With reference to question one,
                                               (‘‘Nano’’), and Guangdong Alison Hi-                    ’359 patent. Respondent Alison                        please address whether Respondent
                                               Tech Co., Ltd. of Guangzhou, China                      separately challenges the ID’s finding of             Alison’s accused products infringe
                                               (‘‘Alison’’), as respondents. The Office                infringement with respect to claim 9 of               claim 9 of the ’359 patent under the
                                               of Unfair Import Investigations (‘‘OUII’’)              the ’359 patent. That same day, Aspen                 proper construction of the ‘‘about 1 to
                                               is also a party in this investigation.                  filed a contingent petition for review of             20%’’ limitation.
                                                                                                       the final ID, challenging the ALJ’s                      3. With reference to question one,
                                                  All asserted claims of the ’439 patent                                                                     please discuss whether Ramamurthi
                                               and the ’486 patent and certain asserted                construction of two claim limitations in
                                                                                                       the ’359 patent. On October 24, 2017,                 anticipates the limitation ‘‘the dopant is
                                               claims of the ’359 have been terminated                                                                       present in an amount of about 1 to 20%
                                               from the investigation. See Comm’n                      the parties filed timely responses to the
                                                                                                       petitions for review. On October 31,                  by weight of the total weight of the
                                               Notice (Nov. 2, 2016); Comm’n Notice                                                                          composite’’ in claim 9 of the ’359
                                               (Feb. 9, 2017). Only claims 15–17, and                  2017, the parties filed their public
                                                                                                       interest comments pursuant to                         patent.
                                               19 of the ’123 patent; claims 1, 5, 7, 9,                                                                        4. Please address whether the
                                                                                                       Commission Rule 210.50(a)(4).
                                               12, 15, and 16 of the ’359 patent; and                                                                        Commission should adopt Dr. Gnade’s
                                                                                                          Having examined the record of this
                                               claims 11–13, 15, 17–19, and 21 of the                  investigation, including the ID, the                  interpretation or Dr. Leventis’
                                               ’890 patent (‘‘the Asserted Claims’’)                   petitions for review, and the responses               interpretation of the ‘‘total surface area
                                               remain in the investigation.                            thereto, the Commission has determined                of that cross section’’ limitation in claim
                                                  On November 15, 2016, the ALJ                        to review the ID in part. Specifically,               12 of the ’359 patent. Your response
                                               issued Order No. 19, granting Aspen’s                   with respect to the ’359 patent, the                  should be limited to the evidence in the
                                               motion for summary determination that                   Commission has determined to review                   record, including a discussion of
                                               the economic prong of the domestic                      the ALJ’s construction of the ‘‘lofty                 relevant statements, if any, made in the
                                               industry requirement has been satisfied                 fibrous batting’’ limitation in claim 1 of            prosecution history.
                                               under section 337(a)(3)(A) and (B). The                 the ’359 patent. The Commission’s                        5. With reference to question four,
                                               Commission determined to review in                      review of the ‘‘lofty fibrous batting’’               please address whether Respondents’
                                               part Order No. 19. See Comm’n Notice                    limitation does not include the ID’s                  accused products and Aspen’s domestic
                                               (Dec. 7, 2016). On review, the                          finding that Respondents have not                     industry products meet the limitation
                                               Commission affirmed with modification                   proven that the term is invalid for                   ‘‘where the batting is sufficiently lofty
                                               the summary determination that Aspen                    indefiniteness. The Commission has                    that the cross-sectional area of the fibers
                                               satisfies the economic prong of the                     also determined to review the ALJ’s                   of the batting visible in the cross-section
                                               domestic industry requirement. See id.                  constructions of the additional                       of the composite is less than 10% of the
                                               at 1–2.                                                 limitations in claims 5 and 9, and the                total surface area of that cross section’’
                                                  On September 29, 2017, the ALJ                       ‘‘total surface area of that cross section’’          under both Dr. Gnade’s interpretation
                                               issued the final ID in this investigation,              limitation of claim 12 of the ’359 patent,            and Dr. Leventis’ interpretation of the
                                               finding a violation of section 337 by                   and the ID’s associated findings on                   scope of claim 12 of the ’359 patent.
                                               Respondents Alison and Nano in                          infringement and the technical prong of                  6. With reference to question four,
                                               connection with claims 1, 5, 7, and 9 of                the domestic industry requirement with                please discuss whether Ramamurthi
                                               the ’359 patent; claims 15–17, and 19 of                respect to those claims and claims 15                 anticipates the limitation ‘‘the cross-
                                               the ’123 patent; and claims 11–13, 15,                  and 16 of the ’359 patent. In addition,               sectional area of the fibers of the batting
                                               17–19, and 21 of the ’890 patent. The ID                the Commission has determined to                      visible in the cross-section of the
                                               also finds a violation of section 337 by                review the ID’s findings that the                     composite is less than 10% of the total
                                               Respondent Nano in connection with                      asserted claims of the ’359 patent are                surface area of that cross section’’ in
                                               claims 12, 15, and 16 of the ’359 patent.               not invalid in view of Ramamurthi by                  claim 12 of the ’359 patent.
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                                               In addition, the ID finds that Aspen has                itself or in combination with other prior                7. Please address Aspen’s contention
                                               shown that its domestic industry                        art. With respect to the ’123 and the ’890            in its combined response (at 82–84) that
                                               products satisfy the technical prong of                 patents, the Commission has                           Respondents’ petitions for review
                                               the domestic industry requirement for                   determined to review the ID’s finding                 presents new arguments and new
                                               the Asserted Patents. The ID further                    that claim 15 of the ’123 patent and                  evidence concerning Uchida and Yada
                                               finds that Respondents have not shown                   claims 11–13, 15, 17, and 21–23 of the                that they failed to raise in their post-
                                               that the Asserted Claims are invalid.                   ’890 patent are not obvious in view of                hearing briefs.


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                                                                        Federal Register / Vol. 82, No. 233 / Wednesday, December 6, 2017 / Notices                                                     57613

                                                  The parties have been invited to brief               parties are encouraged to file written                developing or maintaining the records
                                               only these discrete issues, as                          submissions on the issues of remedy,                  of this or a related proceeding, or (b) in
                                               enumerated above, with reference to the                 the public interest, and bonding. Such                internal investigations, audits, reviews,
                                               applicable law and evidentiary record.                  submissions should address the                        and evaluations relating to the
                                               The parties are not to brief other issues               recommended determination by the ALJ                  programs, personnel, and operations of
                                               on review, which are adequately                         on remedy and bonding. Complainant                    the Commission including under 5
                                               presented in the parties’ existing filings.             and the Office of Unfair Import                       U.S.C. Appendix 3; or (ii) by U.S.
                                                  In connection with the final                         Investigations are also requested to                  government employees and contract
                                               disposition of this investigation, the                  submit proposed remedial orders for the               personnel,1 solely for cybersecurity
                                               Commission may issue an order that                      Commission’s consideration.                           purposes. All nonconfidential written
                                               could result in the exclusion of the                    Complainant is further requested to                   submissions will be available for public
                                               subject articles from entry into the                    state the dates that the patents expire,              inspection at the Office of the Secretary
                                               United States. Accordingly, the                         the HTSUS numbers under which the                     and on EDIS.
                                               Commission is interested in receiving                   accused products are imported, and any                  The authority for the Commission’s
                                               written submissions that address the                    known importers of the accused                        determination is contained in section
                                               form of remedy, if any, that should be                  products. The written submissions and                 337 of the Tariff Act of 1930, as
                                               ordered. If a party seeks exclusion of an               proposed remedial orders must be filed                amended (19 U.S.C. 1337), and in Part
                                               article from entry into the United States               no later than close of business on                    210 of the Commission’s Rules of
                                               for purposes other than entry for                       December 15, 2017. Initial submissions                Practice and Procedure (19 CFR part
                                               consumption, the party should so                        are limited to 40 pages, not including                210).
                                               indicate and provide information                        any attachments or exhibits related to
                                                                                                                                                               By order of the Commission.
                                               establishing that activities involving                  discussion of the public interest. Reply
                                               other types of entry either are adversely               submissions must be filed no later than                 Issued: November 30, 2017.
                                               affecting it or likely to do so. For                    the close of business on December 22,                 Lisa R. Barton,
                                               background, see Certain Devices for                     2017. Reply submissions are limited to                Secretary to the Commission.
                                               Connecting Computers via Telephone                      20 pages, not including any attachments               [FR Doc. 2017–26238 Filed 12–5–17; 8:45 am]
                                               Lines, Inv. No. 337–TA–360, USITC                       or exhibits related to discussion of                  BILLING CODE 7020–02–P
                                               Pub. No. 2843 (December 1994)                           remedy, the public interest, and
                                               (Commission Opinion).                                   bonding. No further submissions on
                                                  If the Commission contemplates some                  these issues will be permitted unless                 INTERNATIONAL TRADE
                                               form of remedy, it must consider the                    otherwise ordered by the Commission.                  COMMISSION
                                               effects of that remedy upon the public                     Persons filing written submissions
                                               interest. The factors the Commission                    must file the original document                       Notice of Receipt of Complaint;
                                               will consider include the effect that an                electronically on or before the deadlines             Solicitation of Comments Relating to
                                               exclusion order would have on (1) the                   stated above and submit 8 true paper                  the Public Interest
                                               public health and welfare, (2)                          copies to the Office of the Secretary by
                                                                                                                                                             AGENCY: U.S. International Trade
                                               competitive conditions in the U.S.                      noon the next day pursuant to section
                                                                                                                                                             Commission.
                                               economy, (3) U.S. production of articles                210.4(f) of the Commission’s Rules of
                                               that are like or directly competitive with              Practice and Procedure (19 CFR                        ACTION: Notice.
                                               those that are subject to investigation,                210.4(f)). Submissions should refer to                SUMMARY:   Notice is hereby given that
                                               and (4) U.S. consumers. The                             the investigation number (‘‘Inv. No.                  the U.S. International Trade
                                               Commission is therefore interested in                   337–TA–1003’’) in a prominent place on                Commission has received a complaint
                                               receiving written submissions that                      the cover page and/or the first page. See
                                                                                                                                                             entitled Certain Mobile Electronic
                                               address the aforementioned public                       Handbook on Filing Procedures,
                                                                                                                                                             Devices and Radio Frequency and
                                               interest factors in the context of this                 (https://www.usitc.gov/secretary/
                                                                                                                                                             Processing Components Thereof, DN
                                               investigation.                                          documents/handbook_on_filing_
                                                  If the Commission orders some form                                                                         3279; the Commission is soliciting
                                                                                                       procedures.pdf). Persons with questions
                                               of remedy, the U.S. Trade                                                                                     comments on any public interest issues
                                                                                                       regarding filing should contact the
                                               Representative, as delegated by the                                                                           raised by the complaint or
                                                                                                       Secretary (202–205–2000).
                                               President, has 60 days to approve or                       Any person desiring to submit a                    complainant’s filing pursuant to the
                                               disapprove the Commission’s action.                     document to the Commission in                         Commission’s Rules of Practice and
                                               See Presidential Memorandum of July                     confidence must request confidential                  Procedure.
                                               21, 2005, 70 FR 43251 (July 26, 2005).                  treatment. All such requests should be                FOR FURTHER INFORMATION CONTACT:     Lisa
                                               During this period, the subject articles                directed to the Secretary to the                      R. Barton, Secretary to the Commission,
                                               would be entitled to enter the United                   Commission and must include a full                    U.S. International Trade Commission,
                                               States under bond, in an amount                         statement of the reasons why the                      500 E Street SW., Washington, DC
                                               determined by the Commission and                        Commission should grant such                          20436, telephone (202) 205–2000. The
                                               prescribed by the Secretary of the                      treatment. See 19 CFR 201.6. Documents                public version of the complaint can be
                                               Treasury. The Commission is therefore                   for which confidential treatment by the               accessed on the Commission’s
                                               interested in receiving submissions                     Commission is properly sought will be                 Electronic Document Information
                                               concerning the amount of the bond that                  treated accordingly. All information,                 System (EDIS) at https://edis.usitc.gov,
                                               should be imposed if a remedy is                        including confidential business                       and will be available for inspection
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                                               ordered.                                                information and documents for which                   during official business hours (8:45 a.m.
                                                  Written Submissions: The parties to                  confidential treatment is properly                    to 5:15 p.m.) in the Office of the
                                               the investigation are requested to file                 sought, submitted to the Commission for               Secretary, U.S. International Trade
                                               written submissions on the issues                       purposes of this Investigation may be                 Commission, 500 E Street SW.,
                                               identified in this notice. Parties to the               disclosed to and used: (i) By the
                                               investigation, interested government                    Commission, its employees and Offices,                  1 All contract personnel will sign appropriate

                                               agencies, and any other interested                      and contract personnel (a) for                        nondisclosure agreements.



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Document Created: 2017-12-06 00:21:27
Document Modified: 2017-12-06 00:21:27
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.
ContactCathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2392. Copies of non- confidential documents filed in connection with this investigation are or will be 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., Washington, DC 20436, telephone (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. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
FR Citation82 FR 57611 

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