82 FR 60418 - Certain Color Intraoral Scanners and Related Hardware and Software; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 243 (December 20, 2017)

Page Range		60418-60419
FR Document		2017-27321

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 color intraoral scanners and related hardware and software by reason of infringement of one or more of U.S. Patent No. 8,363,228 (``the '228 patent''); U.S. Patent No. 8,451,456 (``the '456 patent''); U.S. Patent No. 8,675,207 (``the '207 patent''); U.S. Patent No. 9,101,433 (``the '433 patent''); U.S. Patent No. 6,948,931 (``the '931 patent''); and U.S. Patent No. 6,685,470 (``the '470 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.

Federal Register, Volume 82 Issue 243 (Wednesday, December 20, 2017)

[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60418-60419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27321]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1091]


Certain Color Intraoral Scanners and Related Hardware and 
Software; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on 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 color intraoral scanners and 
related hardware and software by reason of infringement of one or more 
of U.S. Patent No. 8,363,228 (``the '228 patent''); U.S. Patent No. 
8,451,456 (``the '456 patent''); U.S. Patent No. 8,675,207 (``the '207 
patent''); U.S. Patent No. 9,101,433 (``the '433 patent''); U.S. Patent 
No. 6,948,931 (``the '931 patent''); and U.S. Patent No. 6,685,470 
(``the '470 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

[[Page 60419]]

(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 color 
intraoral scanners and related hardware and software by reason of 
infringement of one or more of claims 1, 2, 4, 5, 7, 18, 20, 21, and 26 
of the '228 patent; claims 1-8 and 15-18 of the '456 patent; claims 1, 
2, 4, and 15-21 of the '207 patent; claims 1, 4, 7, 10, 12, and 14 of 
the '433 patent; and claims 1-12 of the '931 patent; and claims 1-12 of 
the '470 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, and the Chief Administrative Law 
Judge is authorized to consider whether to consolidate Inv. No. 337-TA-
1091 with Inv. No. 337-TA-1090, and to consolidate them if he deems it 
appropriate.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: December 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-27321 Filed 12-19-17; 8:45 am]
 BILLING CODE 7020-02-P

60418 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices

allow the buyer to resolve an 2. A reservation of all minerals to the comments regarding the sale and may
inadvertent unauthorized use (43 CFR United States, and the right to prospect sustain, vacate, or modify this realty
2711.3–3(a)(5)) and would set aside the for, mine, and remove the minerals action in whole or in part. In the
unused area to meet Santa Barbara under applicable law and any absence of timely filed objections, this
County’s development/permitting regulations that the Secretary of the realty action will become the final
requirements for open space. There is Interior may prescribe, including all determination of the Department of the
no public access. Arc Vineyards owns necessary access and exit rights. Interior.
and controls the access to this public 3. An appropriate indemnification (Authority: 43 CFR 2710 and 43 CFR 2711)
land parcel across its private land north clause protecting the United States from
and adjacent to the parcel. claims arising out of the patentee’s use, Danielle Chi,
The regulation at 43 CFR 2711.3– occupancy, or occupation on the Deputy State Director, Division of Resources.
3(a)(5) authorizes the BLM to make patented land. [FR Doc. 2017–27414 Filed 12–19–17; 8:45 am]
direct sale of public lands when a Detailed information, including NEPA BILLING CODE 4310–40–P
competitive sale is not appropriate and documentation and all other documents
the public interest would be best served associated with this sale, are available
by a direct sale. The BLM determined a for review during the 45-day public
INTERNATIONAL TRADE
direct sale will serve important public comment period for this notice at the
COMMISSION
objectives by disposing of a parcel of Bakersfield Field Office at the above
isolated public land that the public address. [Investigation No. 337–TA–1091]
For a period until February 5, 2018,
cannot use or legally access and that the Certain Color Intraoral Scanners and
interested parties and the general public
BLM cannot properly manage, and to Related Hardware and Software;
may submit in writing any comments
resolve the inadvertent unauthorized Institution of Investigation
concerning the land being considered
use and occupancy of the land. The
for sale, including notification of any
BLM prepared a mineral potential report AGENCY: U.S. International Trade
encumbrances or other claims relating
dated October 25, 2011, concluding Commission.
to the identified land, to the Field
there are known mineral values in the ACTION: Notice.
Manager, BLM Bakersfield Field Office,
land offered for sale. Therefore, the BLM
at the above address. Email will also be
will reserve the Federal mineral interest SUMMARY: Notice is hereby given that a
accepted and should be sent to: BLM_
to the United States. Such minerals will complaint was filed with the U.S.
CA_Bakersfield_Public_Comments@
be subject to the right to explore, International Trade Commission on
blm.gov with ‘‘Public Land Sale’’
prospect for, mine, and remove under November 14, 2017, under section 337
inserted in the subject line. Comments,
applicable law and regulations. of the Tariff Act of 1930, as amended,
including names and street addresses or
On December 20, 2017, the above on behalf of Align Technology, Inc. of
respondents, will be available for public
described parcel will be segregated from review at the BLM Bakersfield Office at San Jose, California. An amended
appropriation under the public land the above address. complaint and supplement were filed
laws, including the mining laws, except Individual respondents may request on December 4, 2017. The amended
the sale provisions of the FLPMA. Until confidentiality. Before including your complaint alleges violations of section
completion of the sale or termination of address, telephone number, email 337 based upon the importation into the
the segregation, the BLM will no longer address, or other personal identifying United States, the sale for importation,
accept land-use applications affecting information in your comment, the BLM and the sale within the United States
the identified public lands, except will make your entire comment— after importation of certain color
applications for the amendment of including your personal identifying intraoral scanners and related hardware
previously filed right-of-way information—publicly available at any and software by reason of infringement
applications or existing authorizations time. While you can ask in your of one or more of U.S. Patent No.
to increase the term of the grants in comment to withhold your personal 8,363,228 (‘‘the ’228 patent’’); U.S.
accordance with 43 CFR 2807.15 and identifying information from public Patent No. 8,451,456 (‘‘the ’456 patent’’);
2886.15. The segregation will terminate review, we cannot guarantee that we U.S. Patent No. 8,675,207 (‘‘the ’207
upon issuance of a patent, publication will be able to do so. If you wish to have patent’’); U.S. Patent No. 9,101,433 (‘‘the
in the Federal Register of a termination your name or address withheld from ’433 patent’’); U.S. Patent No. 6,948,931
of the segregation, or 2 years after the public disclosure under the Freedom of (‘‘the ’931 patent’’); and U.S. Patent No.
date of publication, whichever occurs Information Act, you must state this 6,685,470 (‘‘the ’470 patent’’). The
first, unless extended by the BLM State prominently at the beginning of your amended complaint further alleges that
Director in accordance with 43 CFR comments. Any determination by the an industry in the United States exists
2711.1–2(d) prior to the termination BLM to release or withhold the names as required by the applicable Federal
date. The BLM will also publish this and/or addresses of those who comment Statute.
Notice in the Santa Maria Times once a will be made on a case-by-case basis. The complainant requests that the
week for 3 consecutive weeks. The Such requests will be honored to the Commission institute an investigation
parcel will not be sold until at least 60 extent allowed by law. The BLM will and, after the investigation, issue a
days after the date of publication of this make available for public review, in limited exclusion order and cease and
Notice in the Federal Register. their entirety, all comments submitted desist orders.
Conveyance of the identified public ADDRESSES: The complaint, except for
sradovich on DSK3GMQ082PROD with NOTICES

by businesses or organizations,
land would be subject to valid existing including comments by individuals in any confidential information contained
rights of record and the following terms, their capacity as an official or therein, is available for inspection
conditions, and reservations: representative of a business or during official business hours (8:45 a.m.
1. A right-of-way thereon for ditches organization. to 5:15 p.m.) in the Office of the
and canals constructed by authority of The BLM California State Director or Secretary, U.S. International Trade
the United States, Act of August 30, other authorized official of the Commission, 500 E Street SW, Room
1890 (43 U.S.C. 945). Department of the Interior will review 112, Washington, DC 20436, telephone

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Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices 60419

(202) 205–2000. Hearing impaired (3) For the investigation so instituted, INTERNATIONAL TRADE
individuals are advised that information the Chief Administrative Law Judge, COMMISSION
on this matter can be obtained by U.S. International Trade Commission,
contacting the Commission’s TDD [Investigation No. 731–TA–865–867 (Third
shall designate the presiding Review)]
terminal on (202) 205–1810. Persons Administrative Law Judge, and the
with mobility impairments who will Chief Administrative Law Judge is Stainless Steel Butt-Weld Pipe Fittings
need special assistance in gaining access authorized to consider whether to From Italy, Malaysia, and the
to the Commission should contact the consolidate Inv. No. 337–TA–1091 with Philippines
Office of the Secretary at (202) 205– Inv. No. 337–TA–1090, and to
2000. General information concerning consolidate them if he deems it Determinations
the Commission may also be obtained
appropriate. On the basis of the record 1 developed
by accessing its internet server at
The Office of Unfair Import in the subject five-year reviews, the
https://www.usitc.gov. The public
Investigations will not participate as a United States International Trade
record for this investigation may be
party in this investigation. Commission (‘‘Commission’’)
viewed on the Commission’s electronic
determines, pursuant to the Tariff Act of
docket (EDIS) at https://edis.usitc.gov. Responses to the complaint and the 1930 (‘‘the Act’’), that revocation of the
FOR FURTHER INFORMATION CONTACT: The notice of investigation must be antidumping duty orders on stainless
Office of Docket Services, U.S. submitted by the named respondents in steel butt-weld pipe fittings from Italy,
International Trade Commission, accordance with section 210.13 of the Malaysia, and the Philippines would be
telephone (202) 205–1802. Commission’s Rules of Practice and likely to lead to continuation or
SUPPLEMENTARY INFORMATION: Procedure, 19 CFR 210.13. Pursuant to recurrence of material injury to an
Authority: The authority for 19 CFR 201.16(e) and 210.13(a), such industry in the United States within a
institution of this investigation is responses will be considered by the reasonably foreseeable time.
contained in section 337 of the Tariff
Commission if received not later than 20 Background
Act of 1930, as amended, 19 U.S.C. 1337
days after the date of service by the
and in section 210.10 of the The Commission, pursuant to section
Commission’s Rules of Practice and Commission of the complaint and the
notice of investigation. Extensions of 751(c) of the Act (19 U.S.C. 1675(c)),
Procedure, 19 CFR 210.10 (2017). instituted these reviews on June 1, 2017
Scope of Investigation: Having time for submitting responses to the
complaint and the notice of (82 FR 25324) and determined on
considered the complaint, the U.S. September 5, 2017 that it would
International Trade Commission, on investigation will not be granted unless
conduct expedited reviews (82 FR
December 13, 2017, ordered that— good cause therefor is shown.
46524, October 5, 2017).
(1) Pursuant to subsection (b) of Failure of a respondent to file a timely The Commission made these
section 337 of the Tariff Act of 1930, as response to each allegation in the determinations pursuant to section
amended, an investigation be instituted complaint and in this notice may be 751(c) of the Act (19 U.S.C. 1675(c)). It
to determine whether there is a
deemed to constitute a waiver of the completed and filed its determinations
violation of subsection (a)(1)(B) of
right to appear and contest the in these reviews on January 8, 2018. The
section 337 in the importation into the
United States, the sale for importation, allegations of the complaint and this views of the Commission are contained
or the sale within the United States after notice, and to authorize the in USITC Publication 4751 (January
importation of certain color intraoral administrative law judge and the 2018), entitled Stainless Steel Butt-Weld
scanners and related hardware and Commission, without further notice to Pipe Fittings from Italy, Malaysia, and
software by reason of infringement of the respondent, to find the facts to be as the Philippines: Investigation Nos. 731–
one or more of claims 1, 2, 4, 5, 7, 18, alleged in the complaint and this notice TA–865–867 (Third Review).
20, 21, and 26 of the ’228 patent; claims and to enter an initial determination By order of the Commission.
1–8 and 15–18 of the ’456 patent; claims and a final determination containing Issued: December 15, 2017.
1, 2, 4, and 15–21 of the ’207 patent; such findings, and may result in the Lisa R. Barton,
claims 1, 4, 7, 10, 12, and 14 of the ’433 issuance of an exclusion order or a cease Secretary to the Commission.
patent; and claims 1–12 of the ’931 and desist order or both directed against [FR Doc. 2017–27391 Filed 12–19–17; 8:45 am]
patent; and claims 1–12 of the ’470 the respondent. BILLING CODE 7020–02–P
patent, and whether an industry in the
By order of the Commission.
United States exists as required by
subsection (a)(2) of section 337; Issued: December 14, 2017.
(2) For the purpose of the Lisa R. Barton, DEPARTMENT OF JUSTICE
investigation so instituted, the following Secretary to the Commission.
Notice of Lodging of Proposed
are hereby named as parties upon which [FR Doc. 2017–27321 Filed 12–19–17; 8:45 am] Consent Decree Under the
this notice of investigation shall be BILLING CODE 7020–02–P Comprehensive Environmental
served:
(a) The complainant is: Align Response, Compensation, and Liability
Technology, Inc., 2820 Orchard Act
Parkway, San Jose, CA 95134. On December 14, 2017, the
sradovich on DSK3GMQ082PROD with NOTICES

(b) The respondents are the following Department of Justice lodged a proposed
entities alleged to be in violation of Consent Decree with the United States
section 337, and are the parties upon District Court for the Northern District
which the complaint is to be served: of New York in the lawsuit entitled
3Shape A/S, Holmens Kanal 7, 1060
Copenhagen K, Denmark. 1 The record is defined in sec. 207.2(f) of the
3Shape, Inc., 10 Independence Commission’s Rules of Practice and Procedure (19
Boulevard, Suite 150, Warren, NJ 07059. CFR 207.2(f)).

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Document Created: 2018-10-25 10:58:05
Document Modified: 2018-10-25 10:58:05

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 60418