83_FR_11842 83 FR 11790 - Certain Multi-Domain Test and Measurement Instruments; Institution of Investigation

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.

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

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



                                               11790                           Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices

                                               the respondent, to find the facts to be as              complaint filed by Newpark Mats &                       Issued: March 12, 2018.
                                               alleged in the complaint and this notice                Integrated Services LLC of The                        Lisa R. Barton,
                                               and to enter an initial determination                   Woodlands, Texas (‘‘Newpark’’). 83 FR                 Secretary to the Commission.
                                               and a final determination containing                    3022 (Jan. 22, 2018). The complaint                   [FR Doc. 2018–05323 Filed 3–15–18; 8:45 am]
                                               such findings, and may result in the                    alleges violations of section 337 of the              BILLING CODE 7020–02–P
                                               issuance of an exclusion order or a cease               Tariff Act of 1930, as amended, 19
                                               and desist order or both directed against               U.S.C. 1337, in the importation into the
                                               the respondent.                                         United States, the sale for importation,              INTERNATIONAL TRADE
                                                 By order of the Commission.                           and the sale within the United States                 COMMISSION
                                                 Issued: March 12, 2018.                               after importation of certain load                     [Investigation No. 337–TA–1104]
                                               Lisa R. Barton,                                         supporting systems, including
                                               Secretary to the Commission.                            composite mat systems, and                            Certain Multi-Domain Test and
                                               [FR Doc. 2018–05324 Filed 3–15–18; 8:45 am]             components thereof by reason of                       Measurement Instruments; Institution
                                               BILLING CODE 7020–02–P                                  infringement of certain claims of U.S.                of Investigation
                                                                                                       Patent Nos. 6,511,257 and 6,695,527.                  AGENCY: U.S. International Trade
                                                                                                       The notice of investigation named as                  Commission.
                                               INTERNATIONAL TRADE                                     respondents Checkers Industrial                       ACTION: Notice.
                                               COMMISSION                                              Products, LLC of Broomfield, Colorado;
                                               [Investigation No. 337–TA–1095]                         Checkers Safety Group UK LTD of                       SUMMARY:    Notice is hereby given that a
                                                                                                       Cheshire, United Kingdom; and Zigma                   complaint was filed with the U.S.
                                               Certain Load Supporting Systems,                        Ground Solutions LTD of Essex, United                 International Trade Commission on
                                               Including Composite Mat Systems, and                    Kingdom (collectively, ‘‘Respondents’’).              February 9, 2018, under section 337 of
                                               Components Thereof; Commission                          The Office of Unfair Import                           the Tariff Act of 1930, as amended, on
                                               Determination Not To Review an Initial                  Investigations was not named as a party               behalf of Tektronix, Inc. of Beaverton,
                                               Determination Granting an Unopposed                     to the investigation.                                 Oregon. The complaint alleges
                                               Motion To Amend the Complaint and                                                                             violations of section 337 based upon the
                                                                                                          On February 14, 2018, Newpark filed                importation into the United States, the
                                               Notice of Investigation
                                                                                                       a motion to amend the complaint and                   sale for importation, and the sale within
                                               AGENCY: U.S. International Trade                        notice of investigation to add Isokon                 the United States after importation of
                                               Commission.                                             d.o.o. of Slovenske Konjice, Slovenia                 certain multi-domain test and
                                               ACTION: Notice.                                         (‘‘Isokon’’) as a respondent.                         measurement instruments by reason of
                                                                                                       Respondents do not oppose the motion.                 infringement of certain claims of U.S.
                                               SUMMARY:   Notice is hereby given that
                                                                                                          On February 20, 2018, the presiding                Patent No. 8,521,460 B2 (‘‘the ’460
                                               the U.S. International Trade
                                                                                                       administrative law judge (‘‘ALJ’’) issued             patent’’) and U.S. Patent No. 8,675,719
                                               Commission has determined not to
                                                                                                       an initial determination (‘‘ID’’) (Order              B2 (‘‘the ’719 patent’’). The complaint
                                               review an initial determination (Order
                                                                                                       No. 4), granting the motion to amend the              further alleges that an industry in the
                                               No. 4) granting an unopposed motion to
                                                                                                       complaint and notice of investigation.                United States exists, or is in the process
                                               amend the complaint and notice of
                                                                                                       The ALJ found good cause for the                      of being established, as required by the
                                               investigation to add a certain
                                                                                                       amendment. The ALJ found that                         applicable Federal Statute.
                                               respondent.                                                                                                     The complainant requests that the
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       Newpark recently learned through
                                                                                                                                                             Commission institute an investigation
                                               Lucy Grace D. Noyola, Office of the                     discovery of Isokon’s role in the sale for
                                                                                                                                                             and, after the investigation, issue a
                                               General Counsel, U.S. International                     importation of products accused in this               limited exclusion order and cease and
                                               Trade Commission, 500 E Street SW,                      investigation and that Newpark did not                desist orders.
                                               Washington, DC 20436, telephone 202–                    know of Isokon’s role when it filed the
                                                                                                                                                             ADDRESSES: The complaint, except for
                                               205–3438. Copies of non-confidential                    original complaint. The ALJ found that
                                                                                                                                                             any confidential information contained
                                               documents filed in connection with this                 the amendment will not prejudice the
                                                                                                                                                             therein, is available for inspection
                                               investigation are or will be available for              public interest or the parties. The ALJ               during official business hours (8:45 a.m.
                                               inspection during official business                     also found the amendment is in the                    to 5:15 p.m.) in the Office of the
                                               hours (8:45 a.m. to 5:15 p.m.) in the                   public interest because it would permit               Secretary, U.S. International Trade
                                               Office of the Secretary, U.S.                           development of a record that identifies               Commission, 500 E Street SW, Room
                                               International Trade Commission, 500 E                   the correct entities that import into the             112, Washington, DC 20436, telephone
                                               Street SW, Washington, DC 20436,                        United States, sell for importation, and/             (202) 205–2000. Hearing impaired
                                               telephone 202–205–2000. General                         or sell within the United States after                individuals are advised that information
                                               information concerning the Commission                   importation the products accused in the               on this matter can be obtained by
                                               may also be obtained by accessing its                   investigation. No petitions for review of             contacting the Commission’s TDD
                                               internet server (https://www.usitc.gov).                the ID were filed.                                    terminal on (202) 205–1810. Persons
                                               The public record for this investigation                   The Commission has determined not                  with mobility impairments who will
                                               may be viewed on the Commission’s                       to review the subject ID.                             need special assistance in gaining access
                                               electronic docket (EDIS) at https://                                                                          to the Commission should contact the
                                               edis.usitc.gov. Hearing-impaired                           The authority for the Commission’s
                                                                                                                                                             Office of the Secretary at (202) 205–
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                                               persons are advised that information on                 determination is contained in section
                                                                                                                                                             2000. General information concerning
                                               this matter can be obtained by                          337 of the Tariff Act of 1930, as
                                                                                                                                                             the Commission may also be obtained
                                               contacting the Commission’s TDD                         amended (19 U.S.C. 1337), and in part
                                                                                                                                                             by accessing its internet server at
                                               terminal on 202–205–1810.                               210 of the Commission’s Rules of                      https://www.usitc.gov. The public
                                               SUPPLEMENTARY INFORMATION: The
                                                                                                       Practice and Procedure (19 CFR part                   record for this investigation may be
                                               Commission instituted this investigation                210).                                                 viewed on the Commission’s electronic
                                               on January 22, 2018, based on a                           By order of the Commission.                         docket (EDIS) at https://edis.usitc.gov.


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                                                                               Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices                                                11791

                                               FOR FURTHER INFORMATION CONTACT:                        Commission if received not later than 20              disposed of at the scheduled meeting,
                                               Katherine Hiner, Office of the Secretary,               days after the date of service by the                 may be carried over to the agenda of the
                                               Docket Services Division, U.S.                          Commission of the complaint and the                   following meeting.
                                               International Trade Commission,                         notice of investigation. Extensions of                  By order of the Commission.
                                               telephone (202) 205–1802.                               time for submitting responses to the                    Issued: March 13, 2018.
                                               SUPPLEMENTARY INFORMATION:                              complaint and the notice of
                                                                                                                                                             William R. Bishop,
                                                 Authority: The authority for                          investigation will not be granted unless
                                                                                                       good cause therefor is shown.                         Supervisory Hearings and Information
                                               institution of this investigation is                                                                          Officer.
                                               contained in section 337 of the Tariff                     Failure of a respondent to file a timely
                                                                                                                                                             [FR Doc. 2018–05462 Filed 3–14–18; 11:15 am]
                                               Act of 1930, as amended, 19 U.S.C. 1337                 response to each allegation in the
                                                                                                       complaint and in this notice may be                   BILLING CODE 7020–02–P
                                               and in section 210.10 of the
                                               Commission’s Rules of Practice and                      deemed to constitute a waiver of the
                                               Procedure, 19 CFR 210.10 (2017).                        right to appear and contest the
                                                                                                       allegations of the complaint and this                 INTERNATIONAL TRADE
                                                 Scope of Investigation: Having
                                                                                                       notice, and to authorize the                          COMMISSION
                                               considered the complaint, the U.S.
                                               International Trade Commission, on                      administrative law judge and the                      [Investigation No. 337–TA–1103]
                                               March 12, 2018, ordered that—                           Commission, without further notice to
                                                 (1) Pursuant to subsection (b) of                     the respondent, to find the facts to be as            Certain Digital Video Receivers and
                                               section 337 of the Tariff Act of 1930, as               alleged in the complaint and this notice              Related Hardware and Software
                                               amended, an investigation be instituted                 and to enter an initial determination                 Components; Institution of
                                               to determine whether there is a                         and a final determination containing                  Investigation
                                               violation of subsection (a)(1)(B) of                    such findings, and may result in the                  AGENCY: U.S. International Trade
                                               section 337 in the importation into the                 issuance of an exclusion order or a cease             Commission.
                                               United States, the sale for importation,                and desist order or both directed against
                                                                                                                                                             ACTION: Notice.
                                               or the sale within the United States after              the respondent.
                                               importation of certain multi-domain test                  By order of the Commission.                         SUMMARY:    Notice is hereby given that a
                                               and measurement instruments by reason                     Issued: March 13, 2018.                             complaint was filed with the U.S.
                                               of infringement of one or more of claims                                                                      International Trade Commission on
                                                                                                       Lisa R. Barton,
                                               1–14 of the ’460 patent and claims                                                                            February 8, 2018, under section 337 of
                                                                                                       Secretary to the Commission.
                                               1–10 and 12–15 of the ’719 patent; and                                                                        the Tariff Act of 1930, as amended, on
                                               whether an industry in the United                       [FR Doc. 2018–05367 Filed 3–15–18; 8:45 am]
                                                                                                                                                             behalf of Rovi Corporation of San Jose,
                                               States exists, or is in the process of                  BILLING CODE 7020–02–P
                                                                                                                                                             California, Rovi Guides, Inc. of San Jose,
                                               being established, as required by                                                                             California, Rovi Technologies
                                               subsection (a)(2) of section 337;                                                                             Corporation of San Jose, California, and
                                                 (2) For the purpose of the                            INTERNATIONAL TRADE
                                                                                                                                                             Veveo, Inc. of Andover, Massachusetts.
                                               investigation so instituted, the following              COMMISSION
                                                                                                                                                             Supplements to the Complaint were
                                               are hereby named as parties upon which                  [USITC SE–18–017]                                     filed on February 13 and 28, 2018. The
                                               this notice of investigation shall be                                                                         complaint alleges violations of section
                                               served:                                                 Government in the Sunshine Act                        337 based upon the importation into the
                                                 (a) The complainant is: Tektronix,                    Meeting Notice                                        United States, the sale for importation,
                                               Inc., 14150 SW Karl Braun Drive,                                                                              and the sale within the United States
                                               Beaverton, OR 97077.                                    AGENCY HOLDING THE MEETING:     United
                                                                                                                                                             after importation of certain digital video
                                                 (b) The respondents are the following                 States International Trade Commission.
                                                                                                                                                             receivers and related hardware and
                                               entities alleged to be in violation of                  TIME AND DATE: April 3, 2018 at 11:00                 software components by reason of
                                               section 337, and are the parties upon                   a.m.                                                  infringement of certain claims of U.S.
                                               which the complaint is to be served:                    PLACE: Room 101, 500 E Street SW,                     Patent No. 7,779,011 (‘‘the ’011 patent’’);
                                               Rohde & Schwarz USA, Inc., 6821                         Washington, DC 20436, Telephone:                      U.S. Patent No. 7,937,394 (‘‘the ’394
                                                 Benjamin Franklin Drive, Columbia,                    (202) 205–2000.                                       patent’’); U.S. Patent No. 7,827,585 (‘‘the
                                                 MD 21046                                              STATUS: Open to the public.                           ’585 patent’’); U.S. Patent No. 9,294,799
                                               Rohde & Schwarz GmbH & Co. KG,                          MATTERS TO BE CONSIDERED:                             (‘‘the ’799 patent’’); U.S. Patent No.
                                                 Mühldorfstra+e 15, 81671 München,                      1. Agendas for future meetings: None.              9,396,741 (‘‘the ’741 patent’’); U.S.
                                                 Germany                                                  2. Minutes.                                        Patent No. 9,578,363 (‘‘the ’363 patent’’);
                                               Rohde & Schwarz Vertriebs GmbH,                            3. Ratification List.                              U.S. Patent No. 9,621,956 (‘‘the ’956
                                                 Mühldorfstra+e 15, 81671 München,                      4. Vote in Inv. Nos. 731–TA–1347 and               patent’’); and U.S. Patent No. 9,668,014
                                                 Germany                                               1348 (Final) (Biodiesel from Argentina                (‘‘the ’014 patent’’). The complaint
                                                 (3) For the investigation so instituted,              and Indonesia). The Commission is                     further alleges that an industry in the
                                               the Chief Administrative Law Judge,                     currently scheduled to complete and file              United States exists or is in the process
                                               U.S. International Trade Commission,                    its determinations and views of the                   of being established as required by the
                                               shall designate the presiding                           Commission by April 16, 2018.                         applicable Federal Statute.
                                               Administrative Law Judge.                                  5. Vote in Inv. No. 731–TA–893                        The complainants request that the
                                                 Responses to the complaint and the                    (Third Review) (Honey from China). The                Commission institute an investigation
daltland on DSKBBV9HB2PROD with NOTICES




                                               notice of investigation must be                         Commission is currently scheduled to                  and, after the investigation, issue a
                                               submitted by the named respondents in                   complete and file its determination and               limited exclusion order and cease and
                                               accordance with section 210.13 of the                   views of the Commission by April 16,                  desist orders.
                                               Commission’s Rules of Practice and                      2018.                                                 ADDRESSES: The complaint, except for
                                               Procedure, 19 CFR 210.13. Pursuant to                      6. Outstanding action jackets: None.               any confidential information contained
                                               19 CFR 201.16(e) and 210.13(a), such                       In accordance with Commission                      therein, is available for inspection
                                               responses will be considered by the                     policy, subject matter listed above, not              during official business hours (8:45 a.m.


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Document Created: 2018-03-16 01:12:06
Document Modified: 2018-03-16 01:12:06
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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