82 FR 60215 - Certain Intraoral Scanners and Related Hardware and Software Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 82, Issue 242 (December 19, 2017)
Federal Register Volume 82, Issue 242 (December 19, 2017)
| Page Range | 60215-60216 | |
| FR Document | 2017-27267 |
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)] [Notices] [Pages 60215-60216] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27267] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1090] Certain Intraoral Scanners and Related Hardware and Software 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 November 14, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Align Technology, Inc. of San Jose, California. An amended complaint and supplement were filed on December 4, 2017. The amended 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 intraoral scanners and related hardware and software by reason of infringement of one or more of U.S. Patent No. 9,615,901 (``the '901 patent''); U.S. Patent No. 8,638,448 (``the '448 patent''); U.S. Patent No. 8,638,447 (``the '447 patent''); U.S. Patent No. 6,845,175 (``the '175 patent''); and U.S. Patent No. 6,334,853 (``the '853 patent''). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205- 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802. SUPPLEMENTARY INFORMATION: Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2017). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 13, 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 intraoral scanners and related hardware and software by reason of infringement of one or more of claims 1-7 and 15-20 of the '901 patent; claims 1-9 and 15-22 of the '448 patent; claims 1-7, 10, 12, and 17-24 of the '447 patent; claims 1-4, 14, 15, and 18-20 of the '175 patent; and claims 1, 3-7, and 9-13 of the '853 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Align Technology, Inc., 2820 Orchard Parkway, San Jose, CA 95134. (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: 3Shape A/S, Holmens Kanal 7, 1060 Copenhagen K, Denmark. 3Shape, Inc., 10 Independence Boulevard, Suite 150, Warren, NJ 07059. (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. The Chief Administrative Law Judge is authorized to consolidate Inv. No. 337-TA-1090 with Inv. No. 337-TA-1091 if he deems appropriate. Responses to the complaint and the notice of investigation must be submitted by the named respondents in [[Page 60216]] 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: December 14, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017-27267 Filed 12-18-17; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices 60215
persons are advised that information on INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: The
this matter can be obtained by COMMISSION Office of Docket Services, U.S.
contacting the Commission’s TDD International Trade Commission,
[Investigation No. 337–TA–1090] telephone (202) 205–1802.
terminal on (202) 205–1810.
Certain Intraoral Scanners and Related SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION: The
Hardware and Software Institution of Authority: The authority for
Commission instituted this investigation institution of this investigation is
on March 24, 2017, based on a Investigation
contained in section 337 of the Tariff
complaint filed on behalf of Pathway AGENCY: U.S. International Trade Act of 1930, as amended, 19 U.S.C. 1337
Innovations and Technologies, Inc. Commission. and in section 210.10 of the
(‘‘Complainant’’) of San Diego, ACTION: Notice. Commission’s Rules of Practice and
California. 82 FR 15069–70 (March 24, Procedure, 19 CFR 210.10 (2017).
2017). The complaint alleges violations SUMMARY: Notice is hereby given that a Scope of Investigation: Having
of section 337 based upon the complaint was filed with the U.S. considered the complaint, the U.S.
importation into the United States, the International Trade Commission on International Trade Commission, on
sale for importation, and the sale within November 14, 2017, under section 337 December 13, 2017, ordered that—
the United States after importation of of the Tariff Act of 1930, as amended, (1) Pursuant to subsection (b) of
certain document cameras and software on behalf of Align Technology, Inc. of section 337 of the Tariff Act of 1930, as
for use therewith by reason of San Jose, California. An amended amended, an investigation be instituted
infringement of certain claims of U.S. complaint and supplement were filed to determine whether there is a
Patent No. 8,508,751. The complaint on December 4, 2017. The amended violation of subsection (a)(1)(B) of
named IPEVO, Inc. of Sunnyvale, complaint alleges violations of section section 337 in the importation into the
California; AVer Information Inc. of 337 based upon the importation into the United States, the sale for importation,
Fremont, California; and Lumens United States, the sale for importation, or the sale within the United States after
Integrations Inc. (‘‘Lumens’’) of and the sale within the United States importation of certain intraoral scanners
Fremont, California as respondents. after importation of certain intraoral and related hardware and software by
scanners and related hardware and reason of infringement of one or more of
Lumens was previously terminated from
software by reason of infringement of claims 1–7 and 15–20 of the ’901 patent;
the investigation.
one or more of U.S. Patent No. 9,615,901 claims 1–9 and 15–22 of the ’448 patent;
On November 21, 2017, Complainant (‘‘the ’901 patent’’); U.S. Patent No. claims 1–7, 10, 12, and 17–24 of the
filed an unopposed motion to terminate 8,638,448 (‘‘the ’448 patent’’); U.S. ’447 patent; claims 1–4, 14, 15, and 18–
the investigation based on withdrawal Patent No. 8,638,447 (‘‘the ’447 patent’’); 20 of the ’175 patent; and claims 1, 3–
of the complaint. U.S. Patent No. 6,845,175 (‘‘the ’175 7, and 9–13 of the ’853 patent, and
On November 24, 2017, the ALJ patent’’); and U.S. Patent No. 6,334,853 whether an industry in the United
issued an ID granting the unopposed (‘‘the ’853 patent’’). The amended States exists as required by subsection
motion. Order No. 20. The ALJ found complaint further alleges that an (a)(2) of section 337;
that Complainant complied with industry in the United States exists as (2) For the purpose of the
required by the applicable Federal investigation so instituted, the following
Commission Rule 210.21. Specifically,
Statute. are hereby named as parties upon which
the Complainant represented that there
The complainant requests that the this notice of investigation shall be
are no agreements, written or oral, served:
Commission institute an investigation
express or implied concerning the and, after the investigation, issue a (a) The complainant is: Align
subject matter of the investigation. The limited exclusion order and cease and Technology, Inc., 2820 Orchard
ALJ also found that termination of the desist orders. Parkway, San Jose, CA 95134.
investigation is not contrary to the (b) The respondents are the following
ADDRESSES: The complaint, except for
public interest and there are no entities alleged to be in violation of
any confidential information contained
extraordinary circumstances that therein, is available for inspection section 337, and are the parties upon
prevent termination of the investigation. during official business hours (8:45 a.m. which the complaint is to be served:
No petitions for review were filed. to 5:15 p.m.) in the Office of the 3Shape A/S, Holmens Kanal 7, 1060
The Commission has determined not Secretary, U.S. International Trade Copenhagen K, Denmark.
to review the subject ID. Commission, 500 E Street SW, Room 3Shape, Inc., 10 Independence
112, Washington, DC 20436, telephone Boulevard, Suite 150, Warren, NJ
The authority for the Commission’s 07059.
determination is contained in section (202) 205–2000. Hearing impaired
337 of the Tariff Act of 1930, as individuals are advised that information (3) For the investigation so instituted,
amended (19 U.S.C. 1337), and in Part on this matter can be obtained by the Chief Administrative Law Judge,
contacting the Commission’s TDD U.S. International Trade Commission,
210 of the Commission’s Rules of
terminal on (202) 205–1810. Persons shall designate the presiding
Practice and Procedure (19 CFR part
with mobility impairments who will Administrative Law Judge.
210). need special assistance in gaining access The Office of Unfair Import
By order of the Commission. to the Commission should contact the Investigations will not participate as a
Office of the Secretary at (202) 205–
sradovich on DSK3GMQ082PROD with NOTICES
Issued: December 14, 2017. party in this investigation.
Lisa R. Barton, 2000. General information concerning The Chief Administrative Law Judge
the Commission may also be obtained is authorized to consolidate Inv. No.
Secretary to the Commission.
by accessing its internet server at 337–TA–1090 with Inv. No. 337–TA–
[FR Doc. 2017–27262 Filed 12–18–17; 8:45 am]
https://www.usitc.gov. The public 1091 if he deems appropriate.
BILLING CODE 7020–02–P record for this investigation may be Responses to the complaint and the
viewed on the Commission’s electronic notice of investigation must be
docket (EDIS) at https://edis.usitc.gov. submitted by the named respondents in
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![60216 Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
accordance with section 210.13 of the should be directed to Mrs. Amy Blasher, estimated for an average respondent to
Commission’s Rules of Practice and Unit Chief, Federal Bureau of respond/reply: There are approximately
Procedure, 19 CFR 210.13. Pursuant to Investigation, CJIS Division, Module 9,432 law enforcement agency
19 CFR 201.16(e) and 210.13(a), such E–3, 1000 Custer Hollow Road, respondents that submit monthly for a
responses will be considered by the Clarksburg, West Virginia 26306; total of 217,860 responses with an
Commission if received not later than 20 facsimile (304) 625–3566. Written estimated response time of 5 minutes
days after the date of service by the comments and/or suggestions can also per response.
Commission of the complaint and the be sent to the Office of Management and (6) An estimate of the total public
notice of investigation. Extensions of Budget, Office of Information and burden (in hours) associated with the
time for submitting responses to the Regulatory Affairs, Attention collection: There are an estimated 9,078
complaint and the notice of Department of Justice Desk Officer, hours, annual burden, associated with
investigation will not be granted unless Washington, DC 20503 or sent to this information collection.
good cause therefor is shown. OIRA_submissions@omb.eop.gov. If additional information is required
Failure of a respondent to file a timely contact: Melody Braswell, Department
SUPPLEMENTARY INFORMATION: Written
response to each allegation in the Clearance Officer, United States
comments and suggestions from the
complaint and in this notice may be Department of Justice, Justice
public and affected agencies concerning
deemed to constitute a waiver of the Management Division, Policy and
the proposed collection of information
right to appear and contest the Planning Staff, Two Constitution
are encouraged. Your comments should
allegations of the complaint and this Square, 145 N Street NE, Suite 3E.405B,
address one or more of the following
notice, and to authorize the Washington, DC 20530.
four points:
administrative law judge and the Dated: December 14, 2017
—Evaluate whether the proposed
Commission, without further notice to Melody Braswell,
collection of information is necessary
the respondent, to find the facts to be as Department Clearance Officer, PRA, U.S.
for the proper performance of the
alleged in the complaint and this notice Department of Justice.
functions of the agency, including
and to enter an initial determination
whether the information will have [FR Doc. 2017–27259 Filed 12–18–17; 8:45 am]
and a final determination containing
practical utility; BILLING CODE 4410–02–P
such findings, and may result in the
—Evaluate the accuracy of the agency’s
issuance of an exclusion order or a cease
estimate of the burden of the
and desist order or both directed against DEPARTMENT OF JUSTICE
proposed collection of information,
the respondent.
including the validity of the [OMB Number 1105–0052]
By order of the Commission. methodology and assumptions used;
Issued: December 14, 2017. —Enhance the quality, utility, and Agency Information Collection
Lisa R. Barton, clarity of the information to be Activities; Proposed eCollection
Secretary to the Commission. collected; and eComments Requested; Extension of a
[FR Doc. 2017–27267 Filed 12–18–17; 8:45 am]
—Minimize the burden of the collection Currently Approved Collection Claims
of information on those who are to Under the Radiation Exposure
BILLING CODE 7020–02–P
respond, including through the use of Compensation Act
appropriate automated, electronic,
mechanical, or other technological AGENCY: Civil Division, Department of
DEPARTMENT OF JUSTICE collection techniques or other forms Justice.
[OMB Number 1110–0015] of information technology, e.g., ACTION: 60-Day notice.
permitting electronic submission of
Agency Information Collection responses. SUMMARY: The Department of Justice
Activities; Proposed eCollection; (DOJ), Civil Division, will be submitting
eComments Requested Cargo Theft Overview of this Information Collection the following information collection
Incident Report request to the Office of Management and
(1) Type of Information Collection:
Budget (OMB) for review and approval
Extension of a currently approved
AGENCY: Federal Bureau of in accordance with the Paperwork
collection.
Investigation, Department of Justice. Reduction Act of 1995.
(2) Title of the Form/Collection: Cargo
ACTION: 30-Day notice. Theft Incident Report. DATES: Comments are encouraged and
(3) Agency form number, if any, and will be accepted for 60 days until
SUMMARY: Department of Justice (DOJ), February 20, 2018.
the applicable component of the
Federal Bureau of Investigation, FOR FURTHER INFORMATION CONTACT:
Department sponsoring the collection:
Criminal Justice Information Services Written comments concerning this
Agency form number: 1110–0048.
Division will be submitting the information collection should be sent to
Sponsoring component: Department of
following information collection request the Office of Information and Regulatory
Justice, Federal Bureau of Investigation,
to the Office of Management and Budget Affairs, Office of Management and
Criminal Justice Information Services
(OMB) for review and approval in Budget, Attn: DOJ Desk Officer. The best
Division.
accordance with the Paperwork (4) Affected public who will be asked way to ensure your comments are
Reduction Act of 1995. or required to respond, as well as a brief received is to email them to oira_
DATES: Comments are encourages and submission@omb.eop.gov or fax them to
sradovich on DSK3GMQ082PROD with NOTICES
abstract: Primary: City, county, state,
will be accepted for an additional 30 federal, and tribal law enforcement 202–395–5806. All comments should
day until January 18, 2018. agencies. Abstract: This collection is reference the 8 digit OMB number for
FOR FURTHER INFORMATION CONTACT: needed to collect information on cargo the collection or the title of the
Written comments and/or suggestions theft incidents committed throughout collection. If you have questions
regarding the items contained in this the United States. concerning the collection, please
notice, especially the estimated public (5) An estimate of the total number of contact the Radiation Exposure
burden and associated response time, respondents and the amount of time Compensation Program, Attn: Dianne
VerDate Sep<11>2014 18:42 Dec 18, 2017 Jkt 244001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\19DEN1.SGM 19DEN1](https://thefederalregister.org/doc/82_FR_60457/page/2.svg)
Document Created: 2017-12-19 01:31:05
Document Modified: 2017-12-19 01:31:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 82 FR 60215 |
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