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)

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


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

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.

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

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