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)

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, 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