82 FR 60762 - Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same Notice of Institution of Formal Enforcement Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 245 (December 22, 2017)

Page Range		60762-60763
FR Document		2017-27568

Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to the July 14, 2017, remedial orders issued in the above-captioned investigation.

Federal Register, Volume 82 Issue 245 (Friday, December 22, 2017)

[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Notices]
[Pages 60762-60763]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-27568]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-989 (Enforcement Proceeding)]

Certain Automated Teller Machines, ATM Modules, Components
Thereof, and Products Containing the Same Notice of Institution of
Formal Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has instituted a formal enforcement proceeding relating to
the July 14, 2017, remedial orders issued in the above-captioned
investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-3042. 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 (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 the original
investigation on March 14, 2016, based on a complaint filed by Nautilus
Hyosung Inc. of Seoul, Republic of Korea and Nautilus Hyosung America
Inc. of Irving, Texas (collectively, ``Nautilus''). 81 FR 13149 (Mar.
14, 2016). Pertinent to this action, the complaint alleged violations
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
into the United States, and the sale within the United States after
importation of certain automated teller machines, ATM modules,
components thereof, and products containing the same by reason of
infringement of any of claims 1-3, 6, 8, and 9 of U.S. Patent No.
8,523,235 (``the '235 patent''). Id. The complaint also alleged
infringement of claims 1-3 and 5 of U.S. Patent No. 7,891,551; claims 1
and 6 of U.S. Patent No. 7,950,655; and claims 1-4, 6, and 7 of U.S.
Patent No. 8,152,165. Those claims were subsequently terminated from
the investigation. See Order No. 11 (June 30, 2016), Comm'n Notice of
Non-Review (July 27, 2016); Order No. 17 (July 21, 2016), Comm'n Notice
of Non-Review (August 16, 2016). The notice of institution of the
investigation named Diebold Nixdorf, Incorporated and Diebold Self-
Service Systems both of North Canton, Ohio (collectively, ``Diebold'')
as respondents. The Office of Unfair Import Investigations (``OUII'')
was not named as a party. Id.
On July 14, 2017, the Commission found a Section 337 violation as
to the '235 patent and issued a limited exclusion order (``LEO'') as
well as cease and desist orders (``CDOs''). 82 FR 33513-14 (July 20,
2017). The LEO prohibits the unlicensed entry of automated teller
machines, ATM modules, components thereof, and products containing the
same that infringe one or more of claims 1-3, 6, 8, and 9 of the '235
patent that are manufactured by, or on behalf of, or are imported by or
on behalf of Diebold Nixdorf, Incorporated, Diebold Self-Service
Systems, or any of their affiliated companies, parents, subsidiaries,
agents, or other related business entities, or their successors or
assigns. Id. The CDOs prohibit, among other things, the importation,
sale, and distribution of infringing products by Diebold. Id.
On November 17, 2017, Nautilus filed a complaint requesting that
the Commission institute a formal enforcement proceeding under
Commission Rule 210.75(b) to investigate violations of the remedial
orders by Diebold. Having examined the enforcement complaint and the
supporting documents, the Commission has determined to institute a
formal enforcement proceeding to determine whether Diebold is in
violation of the July 14, 2017, remedial orders issued in the original
investigation and to determine what, if any, enforcement measures are
appropriate. Diebold is named as a respondent. OUII is named as a
party.
The authority for the Commission's determination is contained in
Section 337 of the Tariff Act of 1930, as

[[Page 60763]]

amended (19 U.S.C. 1337), and in section 210.75 of the Commission's
Rules of Practice and Procedure (19 CFR 210.75).

By order of the Commission.
Issued: December 18, 2017.
Lisa R. Barton,
Secretary to the Commission.

[FR Doc. 2017-27568 Filed 12-21-17; 8:45 am]
BILLING CODE 7020-02-P

60762 Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices

claim 18, and that all of the asserted Issued: December 19, 2017. States after importation of certain
claims (claims 13, 16, and 18) are Lisa R. Barton, automated teller machines, ATM
invalid, and no domestic industry was Secretary to the Commission. modules, components thereof, and
shown. Id. at 263. [FR Doc. 2017–27639 Filed 12–21–17; 8:45 am] products containing the same by reason
Tessera and the respondents each BILLING CODE 7020–02–P
of infringement of any of claims 1–3, 6,
filed a petition for review of the ID. In 8, and 9 of U.S. Patent No. 8,523,235
addition, the parties and a number of (‘‘the ’235 patent’’). Id. The complaint
non-parties submitted statements on the INTERNATIONAL TRADE also alleged infringement of claims 1–3
public interest. COMMISSION and 5 of U.S. Patent No. 7,891,551;
claims 1 and 6 of U.S. Patent No.
On September 29, 2017, the [Investigation No. 337–TA–989 7,950,655; and claims 1–4, 6, and 7 of
Commission determined to review the (Enforcement Proceeding)]
U.S. Patent No. 8,152,165. Those claims
ID in part. Notice at 3 (Sept. 29, 2017) were subsequently terminated from the
(‘‘Notice of Review’’). For the ’007 Certain Automated Teller Machines,
ATM Modules, Components Thereof, investigation. See Order No. 11 (June 30,
patent, the Commission determined to 2016), Comm’n Notice of Non-Review
review, and on review, to take no and Products Containing the Same
Notice of Institution of Formal (July 27, 2016); Order No. 17 (July 21,
position on the economic prong of the 2016), Comm’n Notice of Non-Review
domestic industry requirement, and Enforcement Proceeding
(August 16, 2016). The notice of
infringement of claim 18. Id. The AGENCY: U.S. International Trade institution of the investigation named
Commission determined not to review Commission. Diebold Nixdorf, Incorporated and
the remainder of the ID as to the ’007 ACTION: Notice. Diebold Self-Service Systems both of
patent, including the ID’s findings North Canton, Ohio (collectively,
concerning anticipation by, or SUMMARY: Notice is hereby given that ‘‘Diebold’’) as respondents. The Office
obviousness over, the prior art. Id. The the U.S. International Trade of Unfair Import Investigations (‘‘OUII’’)
investigation was, thus, terminated as to Commission has instituted a formal was not named as a party. Id.
the ’007 patent. Id. For the ’946 patent enforcement proceeding relating to the On July 14, 2017, the Commission
and the ’136 patent, the Commission July 14, 2017, remedial orders issued in found a Section 337 violation as to the
determined not to review the ID’s the above-captioned investigation. ’235 patent and issued a limited
findings concerning the level of skill in FOR FURTHER INFORMATION CONTACT: exclusion order (‘‘LEO’’) as well as cease
the art. Id. The Commission determined Panyin A. Hughes, Office of the General and desist orders (‘‘CDOs’’). 82 FR
to review all other issues for the ’946 Counsel, U.S. International Trade 33513–14 (July 20, 2017). The LEO
patent and the ’136 patent. Id. The Commission, 500 E Street SW, prohibits the unlicensed entry of
Commission requested further briefing Washington, DC 20436, telephone 202– automated teller machines, ATM
from the parties on the issues under 205–3042. Copies of non-confidential modules, components thereof, and
review and briefing from the parties and documents filed in connection with this products containing the same that
the public on remedy, the public investigation are or will be available for infringe one or more of claims 1–3, 6,
interest, and bonding. Id. at 3, 6–8. inspection during official business 8, and 9 of the ’235 patent that are
In response to the Commission notice, hours (8:45 a.m. to 5:15 p.m.) in the manufactured by, or on behalf of, or are
Tessera and the respondents filed imported by or on behalf of Diebold
Office of the Secretary, U.S.
opening and reply submissions on the Nixdorf, Incorporated, Diebold Self-
International Trade Commission, 500 E
issues under review, and remedy, the Service Systems, or any of their
Street SW, Washington, DC 20436,
public interest, and bonding. In affiliated companies, parents,
telephone (202) 205–2000. General
addition, the Commission received subsidiaries, agents, or other related
information concerning the Commission
business entities, or their successors or
submissions on remedy and the public may also be obtained by accessing its
assigns. Id. The CDOs prohibit, among
interest from several non-parties. internet server (https://www.usitc.gov).
other things, the importation, sale, and
On December 18, 2017, Tessera and The public record for this investigation
distribution of infringing products by
the respondents filed a joint motion to may be viewed on the Commission’s
Diebold. Id.
terminate the investigation on the basis electronic docket (EDIS) at https:// On November 17, 2017, Nautilus filed
of settlement. edis.usitc.gov. Hearing-impaired a complaint requesting that the
persons are advised that information on Commission institute a formal
The Commission finds that the this matter can be obtained by
motion is proper in form and complies enforcement proceeding under
contacting the Commission’s TDD Commission Rule 210.75(b) to
with Commission Rules. See 19 CFR terminal on (202) 205–1810.
201.6(a), 210.21(b). The Commission investigate violations of the remedial
SUPPLEMENTARY INFORMATION: The orders by Diebold. Having examined the
further finds that termination of the
investigation will not adversely affect Commission instituted the original enforcement complaint and the
the public interest. Accordingly, the investigation on March 14, 2016, based supporting documents, the Commission
Commission has determined to grant the on a complaint filed by Nautilus has determined to institute a formal
motion. The Commission hereby Hyosung Inc. of Seoul, Republic of enforcement proceeding to determine
terminates the investigation. Korea and Nautilus Hyosung America whether Diebold is in violation of the
Inc. of Irving, Texas (collectively, July 14, 2017, remedial orders issued in
The authority for the Commission’s ‘‘Nautilus’’). 81 FR 13149 (Mar. 14,
sradovich on DSK3GMQ082PROD with NOTICES

the original investigation and to
determination is contained in section 2016). Pertinent to this action, the determine what, if any, enforcement
337 of the Tariff Act of 1930, as complaint alleged violations of Section measures are appropriate. Diebold is
amended, 19 U.S.C. 1337, and in Part 337 of the Tariff Act of 1930, as named as a respondent. OUII is named
210 of the Commission’s Rules of amended, 19 U.S.C. 1337, in the as a party.
Practice and Procedure, 19 CFR part importation into the United States, the The authority for the Commission’s
210. sale for importation into the United determination is contained in Section
By order of the Commission. States, and the sale within the United 337 of the Tariff Act of 1930, as

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Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices 60763

amended (19 U.S.C. 1337), and in contacting the Commission’s TDD recommends no bond during the
section 210.75 of the Commission’s terminal on (202) 205–1810. Presidential review period.
Rules of Practice and Procedure (19 CFR On August 14, 2017, the Commission
SUPPLEMENTARY INFORMATION: The issued a Notice requesting written
210.75).
Commission instituted Investigation No. submissions on the public interest. See
By order of the Commission. 337–TA–1005 on June 14, 2016, based
Issued: December 18, 2017. 82 FR 39456–57 (Aug. 18, 2017). On
on a complaint filed by Complainants September 20, 2017, Respondents filed
Lisa R. Barton, Ajinomoto Co., Inc. of Tokyo, Japan and a written submission in response to the
Secretary to the Commission. Ajinomoto Heartland Inc. of Chicago, Commission’s August 14, 2017 Notice.
[FR Doc. 2017–27568 Filed 12–21–17; 8:45 am] Illinois (collectively, ‘‘Ajinomoto’’ or No other submissions were received.
BILLING CODE 7020–02–P ‘‘Complainants’’). See 81 FR 38735–6 On October 12, 2017, the Commission
(June 14, 2016). The complaint, as issued a Notice determining to review
supplemented, alleges violations of the FID in its entirety. See 82 FR 48528–
INTERNATIONAL TRADE section 337 of the Tariff Act of 1930, as 29 (Oct. 18, 2017). The October 12, 2017
COMMISSION amended (19 U.S.C. 1337), based upon Notice requested briefing in response to
the importation into the United States, certain questions relating to the FID’s
[Investigation No. 337–TA–1005] the sale for importation, and the sale finding of no section 337 violation. See
within the United States after id. In addition, the October 12, 2017
Certain L-Tryptophan, L-Tryptophan importation of certain L-tryptophan, L- Notice solicited written submissions on
Products, and Their Methods of tryptophan products, and their methods issues of remedy, the public interest,
Production; Commission Final of production, by reason of infringement and bonding. See id. On October 27,
Determination Finding a Section 337 of certain claims of the ’655 patent and 2017, the parties filed written
Violation; Issuance of a Limited the ’373 patent (collectively, ‘‘the submissions in response to the October
Exclusion Order and Cease and Desist asserted patents’’). Id. The notice of 12, 2017 Notice, and on November 3,
Order; Termination of the Investigation investigation identified CJ CheilJedang 2017, the parties filed responses to each
Corp. of Seoul, Republic of Korea; CJ other’s submissions.
AGENCY: U.S. International Trade
America, Inc. (‘‘CJ America’’) of Having examined the record of this
Commission.
Downers Grove, Illinois; and PT investigation, including the FID, the RD,
ACTION: Notice. CheilJedang Indonesia of Jakarta, and the parties’ submissions, the
SUMMARY: Notice is hereby given that Indonesia (collectively ‘‘CJ’’ or Commission has determined to:
the U.S. International Trade ‘‘Respondents’’) as respondents in this (1) Reverse the FID’s finding that the
Commission has found a violation of investigation. See id. The Office of accused products do not infringe claim
section 337 of the Tariff Act of 1930 Unfair Import Investigations is not a 10 of the ’373 patent;
(‘‘section 337’’), as amended, in this party to the investigation. (2) reverse the FID’s finding that the
investigation. The Commission has On April 17, 2017, the ALJ issued an domestic industry requirement is not
issued a limited exclusion order initial determination (‘‘ID’’) granting satisfied for the ’373 patent.
prohibiting the importation of certain L- Complainants’ unopposed motion for (3) Reverse the FID’s finding that
tryptophan and L-tryptophan products summary determination that they satisfy claim 10 of the ’373 patent is invalid
that infringe claim 10 of U.S. Patent No. the economic prong of the domestic under 35 U.S.C. 112, second paragraph,
6,180,373 (‘‘the ’373 patent’’) or claim industry requirement under 19 U.S.C. for indefiniteness;
20 of U.S. Patent No. 7,666,655 (‘‘the 1337(a)(3)(A) and (B) for both asserted (4) reverse the FID’s finding that claim
’655 patent’’). The Commission has also patents. See Order No. 18, unreviewed, 10 of the ’373 patent is invalid under 35
issued a cease and desist order directed Comm’n Notice (May 17, 2017). U.S.C. 112, first paragraph, for lack of
to the domestic respondent. The written description;
On August 11, 2017, the ALJ issued (5) affirm the FID’s finding that claim
investigation is terminated. his final initial determination (‘‘FID’’) 10 of the ’373 patent is not invalid
FOR FURTHER INFORMATION CONTACT: finding no violation of section 337. under 35 U.S.C. 112, first paragraph, for
Houda Morad, Office of the General Specifically, the FID finds that: (1) lack of enablement;
Counsel, U.S. International Trade Respondents’ accused products do not (6) affirm the FID’s finding that claim
Commission, 500 E Street SW, infringe the asserted claims of the ’373 10 of the ’373 patent is not invalid
Washington, DC 20436, telephone (202) or the ’655 patents either literally or under 35 U.S.C. 103 for obviousness;
708–4716. Copies of non-confidential under the doctrine of equivalents; (2) (7) affirm in part and reverse in part
documents filed in connection with this claim 10 of the ’373 patent is invalid for the FID’s finding that the accused
investigation are or will be available for indefiniteness and lack of written products do not infringe claim 20 of the
inspection during official business description; (3) claim 20 of the ’655 ’655 patent;
hours (8:45 a.m. to 5:15 p.m.) in the patent is invalid for lack of written (8) reverse the FID’s finding that the
Office of the Secretary, U.S. description; and (4) Complainants’ domestic industry requirement is not
International Trade Commission, 500 E products do not satisfy the technical satisfied for the ’655 patent.
Street SW, Washington, DC 20436, prong of the domestic industry (9) Affirm the FID’s finding that claim
telephone (202) 205–2000. General requirement with respect to the ’655 or 20 of the ’655 patent is not invalid
information concerning the Commission the ’373 patents. In addition, the ALJ under 35 U.S.C. 112, second paragraph,
may also be obtained by accessing its issued a Recommended Determination
sradovich on DSK3GMQ082PROD with NOTICES

for indefiniteness.
internet server at https://www.usitc.gov. (‘‘RD’’) recommending, should the (10) Reverse the FID’s finding that
The public record for this investigation Commission find a section 337 claim 20 of the ’655 patent is invalid
may be viewed on the Commission’s violation, that the Commission issue: (1) under 35 U.S.C. 112, first paragraph, for
electronic docket (EDIS) at https:// A limited exclusion order against lack of written description; and
edis.usitc.gov. Hearing-impaired Respondents’ accused products; and (2) (11) affirm all other findings in the
persons are advised that information on a cease and desist order against FID that are not inconsistent with the
this matter can be obtained by Respondent CJ America. The RD further Commission’s determination.

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Document Created: 2017-12-22 00:34:26
Document Modified: 2017-12-22 00:34:26

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		Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-3042. 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 (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 Citation		82 FR 60762