83 FR 11790 - Certain Multi-Domain Test and Measurement Instruments; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range11790-11791
FR Document2018-05367

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 9, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Tektronix, Inc. of Beaverton, Oregon. The 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 multi-domain test and measurement instruments by reason of infringement of certain claims of U.S. Patent No. 8,521,460 B2 (``the '460 patent'') and U.S. Patent No. 8,675,719 B2 (``the '719 patent''). The complaint further alleges that an industry in the United States exists, or is in the process of being established, 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 83 Issue 52 (Friday, March 16, 2018)
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11790-11791]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05367]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1104]


Certain Multi-Domain Test and Measurement Instruments; 
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 February 9, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Tektronix, Inc. 
of Beaverton, Oregon. The 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 multi-domain test and measurement instruments by reason of 
infringement of certain claims of U.S. Patent No. 8,521,460 B2 (``the 
'460 patent'') and U.S. Patent No. 8,675,719 B2 (``the '719 patent''). 
The complaint further alleges that an industry in the United States 
exists, or is in the process of being established, 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 (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.

[[Page 11791]]


FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the 
Secretary, Docket Services Division, 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 March 12, 2018, 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 multi-domain 
test and measurement instruments by reason of infringement of one or 
more of claims 1-14 of the '460 patent and claims 1-10 and 12-15 of the 
'719 patent; and whether an industry in the United States exists, or is 
in the process of being established, 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: Tektronix, Inc., 14150 SW Karl Braun Drive, 
Beaverton, OR 97077.
    (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:

Rohde & Schwarz USA, Inc., 6821 Benjamin Franklin Drive, Columbia, MD 
21046
Rohde & Schwarz GmbH & Co. KG, M[uuml]hldorfstra[szlig]e 15, 81671 
M[uuml]nchen, Germany
Rohde & Schwarz Vertriebs GmbH, M[uuml]hldorfstra[szlig]e 15, 81671 
M[uuml]nchen, Germany

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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: March 13, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-05367 Filed 3-15-18; 8:45 am]
 BILLING CODE 7020-02-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactKatherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation83 FR 11790 

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