82 FR 9075 - Certain Table Saws Incorporating Active Injury Mitigation Technology and Components Thereof; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 21 (February 2, 2017)

Page Range		9075-9076
FR Document		2017-02178

Notice is hereby given that the U.S. International Trade Commission has issued a limited exclusion order against certain products of Robert Bosch Tool Corporation and Robert Bosch GmbH, and a cease and desist order against Robert Bosch Tool Corporation. The investigation is terminated.

Federal Register, Volume 82 Issue 21 (Thursday, February 2, 2017)

[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Pages 9075-9076]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02178]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-965]


Certain Table Saws Incorporating Active Injury Mitigation 
Technology and Components Thereof; Issuance of a Limited Exclusion 
Order and a Cease and Desist Order; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order against certain 
products of Robert Bosch Tool Corporation and Robert Bosch GmbH, and a 
cease and desist order against Robert Bosch Tool Corporation. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 this investigation 
on September 1, 2015, based on a complaint filed by SawStop, LLC, and 
SD3, LLC (together, ``SawStop''). 80 FR 52791-92 (Sept. 1, 2015). The 
amended 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, and the sale within the United States 
after importation of certain table saws incorporating active injury 
mitigation technology and components thereof by reason of infringement 
of certain claims of United States Patent Nos. 7,225,712 (``the '712 
patent''); 7,600,455 (``the '455 patent''); 7,610,836 (``the '836 
patent''); 7,895,927 (``the '927 patent''); 8,011,279 (``the '279 
patent''); and 8,191,450 (``the '450 patent''). The notice of 
investigation named as respondents Robert Bosch Tool Corp. of Mount 
Prospect, Illinois, and Robert Bosch GmbH of Baden-Wuerttemberg, 
Germany (together, ``Bosch''). Id. at 52792. The Office of Unfair 
Import Investigations is not a party to the investigation. Id.
    The Commission terminated the investigation with respect to the 
'836 and '450 patents based on SawStop's withdrawal of allegations 
concerning

[[Page 9076]]

those patents. Order No. 8 (Mar. 10, 2016), not reviewed, Notice (Apr. 
4, 2016); Order No. 13 (May 3, 2016), not reviewed, Notice (May 23, 
2016).
    On January 27, 2016, SawStop moved for a summary determination that 
it satisfied the economic prong of the domestic industry requirement. 
On February 8, 2016, Bosch indicated that it did not oppose the motion. 
On March 22, 2016, the ALJ granted the unopposed motion and determined 
that SawStop satisfied the economic prong of the domestic industry 
requirement. Order No. 10 (Mar. 22, 2016), not reviewed, Notice (Apr. 
21, 2016).
    On September 9, 2016, the ALJ issued his final initial 
determination finding a violation of section 337 with respect to the 
'927 and '279 patents, and no violation of section 337 with respect to 
the '712 and '455 patents. Specifically, he found that Bosch did not 
directly or contributorily infringe the '712 and '455 patents, but 
found that Bosch's REAXX table saw directly infringed the '927 and '279 
patents and that Bosch's activation cartridges contributorily infringed 
the '927 and '279 patents. He also found that Bosch had failed to show 
that any of the patent claims were invalid, and that SawStop satisfied 
the domestic industry requirement with respect to all four patents. 
Based on these findings, on September 20, 2016, the ALJ recommended 
that a limited exclusion order issue against Bosch's infringing 
products, that a cease and desist order issue against Robert Bosch Tool 
Corporation, and that the bond during the period of Presidential review 
be set at zero percent. He also recommended that the scope of the 
exclusion order and cease and desist order specifically cover the 
contributorily infringing activation cartridges.
    On September 26, 2016, SawStop and Bosch each petitioned for review 
of the ID. On October 4, 2016, the parties opposed each other's 
petitions. On November 10, 2016, the Commission determined not to 
review the ID, and requested briefing from the parties and the public 
on the issues of remedy, the public interest, and bonding. The 
Commission received responsive submissions from SawStop, Bosch, and the 
PowerTool Institute, Inc. on November 22, 2016, and reply submissions 
from SawStop and Bosch on December 2, 2016.
    The Commission has determined that the appropriate remedy is a 
limited exclusion order prohibiting the entry of table saws 
incorporating active injury mitigation technology and components 
thereof that infringe claims 8 and 12 of the '927 patent and claims 1, 
6, 16, and 17 of the '279 patent, and an order that Robert Bosch Tool 
Corp. cease and desist from importing, selling, marketing, advertising, 
distributing, offering for sale, transferring (except for exportation), 
or soliciting U.S. agents or distributors of imported table saws 
incorporating active injury mitigation technology and components 
thereof that infringe claims 8 and 12 of U.S. Patent the '927 patent 
and claims 1, 6, 16, and 17 of the '279 patent. The Commission has 
determined that the public interest factors enumerated in section 
337(d) and (f), 19 U.S.C. 1337(d) and (f), do not preclude the issuance 
of the limited exclusion order or cease and desist order. The 
Commission has determined that bonding at zero percent of entered value 
is required during the period of Presidential review, 19 U.S.C. 
1337(j). Commissioner Kieff dissents as to the bond determination, and 
writes separately to explain his views both concerning the basis for 
issuing the cease and desist order and for making the bond 
determination. The investigation is terminated.
    The Commission's order and opinion were delivered to the President 
and the United States Trade Representative on the day of their 
issuance.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: January 27, 2017.
 Lisa R. Barton,
 Secretary to the Commission.
[FR Doc. 2017-02178 Filed 2-1-17; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices 9075

Secretary to submit a report to Congress maintenance, repair, and replacement II. Tribal Consultation Sessions
within 120 days of enactment (by April activities for qualified Indian dams. The BIA will be hosting three in-
14, 2017) on programmatic goals to Eligible high-hazard potential dams person Tribal consultation sessions.
address the deferred maintenance needs are those included in the safety of dams Additionally, two webinars will be held
of Indian dams and funding program established under the Indian for Tribes unable to make an in-person
prioritization criteria for distributing Dams Safety Act of 1994 that are either: session. Tribes were notified of these
funds from the High-Hazard Indian Dam (1) Owned by the Federal Government consultation sessions by letter. Tribes
Safety Deferred Maintenance Fund and and managed by BIA, including dams potentially affected by the Indian Dam
the Low-Hazard Indian Dam Safety managed under Indian Self- Safety component of the WIIN Act
Deferred Maintenance Fund. Determination contracts or compacts; or include all Tribes because, while BIA
Section 3101 establishes a program to (2) have deferred maintenance has an inventory of high-hazard
address the deferred maintenance needs documented by BIA. Eligible low-hazard potential dams, no such inventory yet
of Indian dams and authorizes $32.75 potential dams are those covered under exists for low-hazard potential dams.
million per year ($22.75 million the Indian Dams Safety Act of 1994 and For this reason, BIA also asks that
designated for high- and significant- are either: (1) Owned by the Federal Tribes notify the person listed in the
FOR FURTHER INFORMATION CONTACT
hazard potential dams and $10 million Government and managed by BIA,
section of this notice of any low-hazard
designated for low-hazard potential including dams managed under Indian
potential dams subject to the Indian
dams), plus accrued interest, for each of Self-Determination contracts or Dams Act of 1994.
the fiscal years 2017 through 2023. compacts; or (2) have deferred Tribal consultation sessions will be
Subject to appropriation, the funds maintenance documented by BIA. held on the following dates at the
would be available to carry out following locations:

Date Time Location

Monday, February 6, 2017 .............. 1 p.m.–5 p.m. Local Time ........... Bureau of Indian Affairs, Medicine Wheel Room—Third Floor, 2021
4th Avenue North, Billings, MT 59101.
Wednesday, February 8, 2017 ........ 1 p.m.–5 p.m. Local Time ........... Indian Pueblo Cultural Center, Silver/Turquoise Conference Room,
2401 12th Street NW., Albuquerque, NM 87104.
Friday, February 10, 2017 ............... 1 p.m.–5 p.m. Local Time ........... Bureau of Indian Affairs, Federal Building Auditorium, 911 NE 11th Av-
enue, Portland, OR 97232.
Monday, February 13, 2017 ............ 1 p.m.–4 p.m. Eastern Time ....... Call-in number: (888) 810–4934, Passcode: 7199390.
Wednesday, February 15, 2017 ...... 1 p.m.–4 p.m. Eastern Time ....... Call-in number: (888) 810–4934, Passcode: 7199390.

BIA is developing drafts of the Commission has issued a limited SUPPLEMENTARY INFORMATION: The
programmatic goals and funding exclusion order against certain products Commission instituted this investigation
prioritization criteria for discussion at of Robert Bosch Tool Corporation and on September 1, 2015, based on a
the consultation sessions. These Robert Bosch GmbH, and a cease and complaint filed by SawStop, LLC, and
documents will be available at https:// desist order against Robert Bosch Tool SD3, LLC (together, ‘‘SawStop’’). 80 FR
www.bia.gov/WhoWeAre/BIA/OTS/ Corporation. The investigation is 52791–92 (Sept. 1, 2015). The amended
IPSOD/index.htm by January 23, 2017 to terminated. complaint alleged violations of section
allow time to review prior to the first 337 of the Tariff Act of 1930, as
session. FOR FURTHER INFORMATION CONTACT: amended, 19 U.S.C. 1337, in the
Dated: January 27, 2017. Robert Needham, Office of the General importation into the United States, the
Michael S. Black,
Counsel, U.S. International Trade sale for importation, and the sale within
Commission, 500 E Street SW., the United States after importation of
Acting Assistant Secretary—Indian Affairs.
Washington, DC 20436, telephone (202) certain table saws incorporating active
[FR Doc. 2017–02200 Filed 2–1–17; 8:45 am]
708–5468. Copies of non-confidential injury mitigation technology and
BILLING CODE 4337–15–P
documents filed in connection with this components thereof by reason of
investigation are or will be available for infringement of certain claims of United
inspection during official business States Patent Nos. 7,225,712 (‘‘the ’712
INTERNATIONAL TRADE hours (8:45 a.m. to 5:15 p.m.) in the patent’’); 7,600,455 (‘‘the ’455 patent’’);
COMMISSION Office of the Secretary, U.S. 7,610,836 (‘‘the ’836 patent’’); 7,895,927
[Investigation No. 337–TA–965] International Trade Commission, 500 E (‘‘the ’927 patent’’); 8,011,279 (‘‘the ’279
Street SW., Washington, DC 20436, patent’’); and 8,191,450 (‘‘the ’450
Certain Table Saws Incorporating telephone (202) 205–2000. General patent’’). The notice of investigation
Active Injury Mitigation Technology information concerning the Commission named as respondents Robert Bosch
and Components Thereof; Issuance of may also be obtained by accessing its Tool Corp. of Mount Prospect, Illinois,
a Limited Exclusion Order and a Cease Internet server (https://www.usitc.gov). and Robert Bosch GmbH of Baden-
and Desist Order; Termination of the The public record for this investigation Wuerttemberg, Germany (together,
mstockstill on DSK3G9T082PROD with NOTICES

Investigation may be viewed on the Commission’s ‘‘Bosch’’). Id. at 52792. The Office of
AGENCY: U.S. International Trade electronic docket (EDIS) at https:// Unfair Import Investigations is not a
Commission. edis.usitc.gov. Hearing-impaired party to the investigation. Id.
ACTION: Notice. persons are advised that information on The Commission terminated the
this matter can be obtained by investigation with respect to the ’836
SUMMARY: Notice is hereby given that contacting the Commission’s TDD and ’450 patents based on SawStop’s
the U.S. International Trade terminal on (202) 205–1810. withdrawal of allegations concerning

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9076 Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices

those patents. Order No. 8 (Mar. 10, Robert Bosch Tool Corp. cease and holds and to pay a $385,000 civil
2016), not reviewed, Notice (Apr. 4, desist from importing, selling, penalty.
2016); Order No. 13 (May 3, 2016), not marketing, advertising, distributing, The publication of this notice opens
reviewed, Notice (May 23, 2016). offering for sale, transferring (except for a period for public comment on the
On January 27, 2016, SawStop moved exportation), or soliciting U.S. agents or proposed Consent Decree. Comments
for a summary determination that it distributors of imported table saws should be addressed to the Assistant
satisfied the economic prong of the incorporating active injury mitigation Attorney General, Environment and
domestic industry requirement. On technology and components thereof that Natural Resources Division, and should
February 8, 2016, Bosch indicated that infringe claims 8 and 12 of U.S. Patent refer to: United States of America v.
it did not oppose the motion. On March the ’927 patent and claims 1, 6, 16, and EMD Millipore Corporation, Civil Action
22, 2016, the ALJ granted the 17 of the ’279 patent. The Commission No. 1:17–cv–34, D.J. Ref. 90–5–1–1–
unopposed motion and determined that has determined that the public interest 11441. All comments must be submitted
SawStop satisfied the economic prong factors enumerated in section 337(d) no later than thirty (30) days after the
of the domestic industry requirement. and (f), 19 U.S.C. 1337(d) and (f), do not publication date of this notice.
Order No. 10 (Mar. 22, 2016), not preclude the issuance of the limited Comments may be submitted either by
reviewed, Notice (Apr. 21, 2016). exclusion order or cease and desist email or by mail:
On September 9, 2016, the ALJ issued order. The Commission has determined
his final initial determination finding a that bonding at zero percent of entered To submit Send them to:
violation of section 337 with respect to comments:
value is required during the period of
the ’927 and ’279 patents, and no Presidential review, 19 U.S.C. 1337(j). By email ....... pubcomment-ees.enrd@
violation of section 337 with respect to Commissioner Kieff dissents as to the usdoj.gov.
the ’712 and ’455 patents. Specifically, bond determination, and writes By mail ......... Assistant Attorney General,
he found that Bosch did not directly or separately to explain his views both U.S. DOJ—ENRD, P.O.
contributorily infringe the ’712 and ’455 concerning the basis for issuing the Box 7611, Washington, DC
patents, but found that Bosch’s REAXX cease and desist order and for making 20044–7611.
table saw directly infringed the ’927 and the bond determination. The
’279 patents and that Bosch’s activation investigation is terminated. During the public comment period,
cartridges contributorily infringed the The Commission’s order and opinion the proposed Consent Decree may be
’927 and ’279 patents. He also found were delivered to the President and the examined and downloaded at this
that Bosch had failed to show that any United States Trade Representative on Justice Department Web site: http://
of the patent claims were invalid, and the day of their issuance. www.justice.gov/enrd/consent-decrees.
that SawStop satisfied the domestic The authority for the Commission’s We will provide a paper copy of the
industry requirement with respect to all determination is contained in section proposed Consent Decree upon written
four patents. Based on these findings, on 337 of the Tariff Act of 1930, as request and payment of reproduction
September 20, 2016, the ALJ amended (19 U.S.C. 1337), and in part costs. Please mail your request and
recommended that a limited exclusion 210 of the Commission’s Rules of payment to: Consent Decree Library,
order issue against Bosch’s infringing Practice and Procedure (19 CFR part U.S. DOJ—ENRD, P.O. Box 7611,
products, that a cease and desist order Washington, DC 20044–7611.
210).
issue against Robert Bosch Tool Please enclose a check or money order
Corporation, and that the bond during By order of the Commission. for $11.75 (25 cents per page
the period of Presidential review be set Issued: January 27, 2017. reproduction cost) payable to the United
at zero percent. He also recommended Lisa R. Barton, States Treasury.
that the scope of the exclusion order Secretary to the Commission.
Robert E. Maher Jr.,
and cease and desist order specifically [FR Doc. 2017–02178 Filed 2–1–17; 8:45 am]
cover the contributorily infringing Assistant Chief, Environmental Enforcement
BILLING CODE 7020–02–P Section, Environment and Natural Resources
activation cartridges.
Division.
On September 26, 2016, SawStop and
Bosch each petitioned for review of the [FR Doc. 2017–02241 Filed 2–1–17; 8:45 am]
DEPARTMENT OF JUSTICE BILLING CODE 4410–15–P
ID. On October 4, 2016, the parties
opposed each other’s petitions. On Notice of Lodging of Proposed
November 10, 2016, the Commission Consent Decree Under the Clean Water
determined not to review the ID, and DEPARTMENT OF JUSTICE
Act
requested briefing from the parties and Notice of Extension to Public
the public on the issues of remedy, the On January 30, 2017, a proposed Comment Period for Consent Decree
public interest, and bonding. The Consent Decree in United States of Under the Clean Air Act
Commission received responsive America v. EMD Millipore Corporation,
submissions from SawStop, Bosch, and Civil Action No. 1:17–cv–34, was filed On December 20, 2016, the
the PowerTool Institute, Inc. on with the United States District Court for Department of Justice lodged a proposed
November 22, 2016, and reply New Hampshire. Second Partial Consent Decree with the
submissions from SawStop and Bosch The proposed Consent Decree United States District Court for the
on December 2, 2016. between the parties resolves the United Northern District of California in the
The Commission has determined that States’ claims that EMD Millipore lawsuit entitled In re: Volkswagen
mstockstill on DSK3G9T082PROD with NOTICES

the appropriate remedy is a limited violated the Clean Water Act and ‘‘Clean Diesel’’ Marketing, Sales
exclusion order prohibiting the entry of permits it holds under the Act at EMD Practices, and Products Liability
table saws incorporating active injury Millipore’s manufacturing facility in Litigation, Case No: MDL No. 2672 CRB
mitigation technology and components Jaffrey, New Hampshire. The proposed (JSC). This Second Partial Consent
thereof that infringe claims 8 and 12 of Consent Decree requires EMD Millipore Decree (‘‘Decree’’) is entered into
the ’927 patent and claims 1, 6, 16, and to undertake work at its facility to between the United States, California,
17 of the ’279 patent, and an order that comply with the Act and the permits it and all defendants (collectively,

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Document Created: 2017-02-02 00:55:25
Document Modified: 2017-02-02 00:55:25

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		Robert Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708-5468. 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 9075