83 FR 13781 - Certain Intraoral Scanners and Related Hardware and Software Commission Determination Not To Review an Initial Determination Granting a Motion for Leave To Amend the Complaint and Notice of Investigation To Add Respondent

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 62 (March 30, 2018)

Page Range		13781-13782
FR Document		2018-06415

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No.11) of the presiding administrative law judge (``ALJ''), granting complainant's unopposed motion for leave to amend the complaint and notice of investigation to add 3Shape Trios A/S of Copenhagen, Denmark, as a respondent.

Federal Register, Volume 83 Issue 62 (Friday, March 30, 2018)

[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Notices]
[Pages 13781-13782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06415]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1091]


Certain Intraoral Scanners and Related Hardware and Software 
Commission Determination Not To Review an Initial Determination 
Granting a Motion for Leave To Amend the Complaint and Notice of 
Investigation To Add Respondent

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 determined not to review an initial determination 
(``ID'') (Order No.11) of the presiding administrative law judge 
(``ALJ''), granting complainant's unopposed motion for leave to amend 
the complaint and notice of investigation to add 3Shape Trios A/S of 
Copenhagen, Denmark, as a respondent.

FOR FURTHER INFORMATION CONTACT: Amanda Fisherow, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202)

[[Page 13782]]

205-2737. 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 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. 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 December 20, 2017, based on a complaint, as amended and 
supplemented, filed on behalf of Align Technology, Inc. of San Jose, 
California (``complainant''). 82 FR 60418 (Dec. 20 2017). The 
complaint, as amended and supplemented, alleges violations of Section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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 color intraoral scanners and related hardware and software by 
reason of infringement of certain claims of U.S. Patent No. 8,363,228, 
U.S. Patent No. 8,451,456, U.S. Patent No. 8,675,207, U.S. Patent No. 
9,101,433, U.S. Patent No. 6,948,931, and U.S. Patent No. 6,685,470. 
The Notice of Investigation named 3Shape A/S of Copenhagen, Denmark and 
3Shape, Inc. of Warren, New Jersey as respondents. The Office of Unfair 
Import Investigations was not named as a party in this investigation.
    On March 6, 2018, the complainant filed an unopposed motion for 
leave to file a second amended complaint naming 3Shape Trios A/S as a 
new respondent in the investigation under Commission Rule 210.14(b)(1). 
On March 15, 2018, the ALJ issued the subject ID, granting 
complainant's unopposed motion. The ALJ found that good cause exists to 
amend the complaint and there is no evidence of any prejudice to the 
parties at this early stage of the investigation. No petitions for 
review were filed.
    The Commission has determined not to review the ID.
    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: March 26, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-06415 Filed 3-29-18; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices 13781

supplemented, alleges violations of thereto, the Commission has determined Oe’’ limitation as required by claims 1
section 337 based upon the importation to review the ID in part. First, the and 16 of the ’331 patent.
into the United States, the sale for Commission has determined to correct The Commission has determined to
importation, and the sale within the three typographical errors on page 51 of take no position on the other issues
United States after importation of the ID. In line 16 of the ID, ‘‘securing the under review.
certain magnetic tape cartridges and leader pin spring in the tape cartridge’’ The Commission has further
components thereof by reason of is replaced with ‘‘securing the leader determined not to review the remainder
infringement of certain claims of U.S. pin in the tape cartridge.’’ In line 18 of of the ID, including the ID’s findings
Patent No. 6,345,779 (‘‘the ’779 patent’’); the ID, ‘‘claim’’ is replaced with ‘‘claim that Fujifilm does not infringe the
U.S. Patent No. 7,115,331 (‘‘the ’331 1’’ and ‘‘leader pin sits loosely’’ is asserted claims of the ’779 patent; that
patent’’); U.S. Patent No. 6,896,959 (‘‘the replaced with ‘‘leader pin spring sits claims 1–4 of the ’779 patent are
’959 patent’’); and U.S. Patent No. loosely.’’ anticipated by Morita’s 6th
7,016,137 (‘‘the ’137 patent’’). Id. The Second, with respect to the ’779 embodiment; and that the technical
notice of investigation named Fujifilm patent, the Commission has determined prong of the domestic industry
Holdings Corporation of Tokyo, Japan; to review the ID’s finding that the 15th requirement has not been satisfied for
Fujifilm Corporation of Tokyo, Japan; embodiment in U.S. Patent No. the ’779 patent. Accordingly, the
Fujifilm Holdings America Corporation 6,236,539 (‘‘Morita’’) does not anticipate Commission has determined to affirm
of Valhalla, New York; and Fujifilm the asserted claims, and the ID’s finding with modifications the ID’s finding of
Recording Media U.S.A., Inc. of that claims 5 and 6 are rendered obvious no violation of section 337. The
Bedford, Massachusetts (collectively, by a combination of Morita’s 6th and investigation is terminated in its
‘‘Fujifilm’’) as respondents in this 15th embodiments. entirety.
investigation. Id. The Office of Unfair Third, with respect to the ’331 patent, The authority for the Commission’s
Import Investigations is also a party to the Commission has determined to determination is contained in section
this investigation. Id. review the ID’s finding that the 337 of the Tariff Act of 1930, as
All asserted claims of the ’959 patent Fujifilm’s accused products do not amended (19 U.S.C. 1337), and in Part
and the ’137 patent and one asserted infringe and that IBM’s domestic 210 of the Commission’s Rules of
claim of the ’331 patent have been industry products do not practice the Practice and Procedure (19 CFR part
terminated from the investigation. See asserted claims of the ’331 patent; the 210).
Order Nos. 20 and 21; Comm’n Notices ID’s construction of the claim term By order of the Commission.
(Sep. 25, 2017). The evidentiary hearing ‘‘metallic magnetic particulate Issued: March 26, 2018.
was held on September 25–28, 2017. pigment;’’ the ID’s finding that JP 2002–
On January 25, 2018, the Chief ALJ Lisa Barton,
074641 (‘‘Mori’’) does not anticipate the Secretary to the Commission.
issued his final ID and his
asserted claims; and the ID’s finding
recommended determination (‘‘RD’’) on [FR Doc. 2018–06416 Filed 3–29–18; 8:45 am]
remedy and bonding in this that JP 2003–123226 (‘‘Naoe’’) does not
BILLING CODE P
investigation. The ID finds no violation anticipate the asserted claims.
of section 337 by Fujifilm in connection Finally, the Commission has
with claims 1–6 of the ’779 patent and determined to review the ID’s finding INTERNATIONAL TRADE
claims 1–3, 9–11, 13–14, and 16–17 of that the economic prong of the domestic COMMISSION
the ’331 patent (collectively, ‘‘the industry requirement has not been
satisfied for the Asserted Patents. [Investigation No. 337–TA–1091]
Asserted Patents’’). Specifically, the ID
finds that Fujifilm does not infringe the On review, the Commission has
Certain Intraoral Scanners and Related
asserted claims of the Asserted Patents. determined to construe the ‘‘magnetic
Hardware and Software Commission
The ID also finds that the asserted metallic particulate pigment’’ limitation
Determination Not To Review an Initial
claims of the ’331 patent have not been in claims 1 and 16 of the ’331 patent to
Determination Granting a Motion for
proven invalid but that the asserted mean the ‘‘magnetic metal particle
Leave To Amend the Complaint and
claims of the ’779 patent are anticipated pigments have a composition including,
Notice of Investigation To Add
and/or obvious. The ID further finds but not limited to, metallic iron and/or
Respondent
that the technical prong of the domestic alloys of iron with cobalt and/or nickel,
industry requirement has not been and magnetic or non-magnetic oxides of AGENCY: U.S. International Trade
satisfied for the ’779 patent but has been iron, other elements, or mixtures Commission.
satisfied for the ’331 patent. And, thereof.’’ JX–0004 at 4:36–39. ACTION: Notice.
finally, the ID finds the economic prong The Commission has also determined
of the domestic industry requirement to affirm the ID’s finding that Fujifilm’s SUMMARY: Notice is hereby given that
has not been satisfied for the Asserted accused products do not infringe and the U.S. International Trade
Patents. that IBM’s domestic industry products Commission has determined not to
On February 7, 2018, Sony and the do not practice the asserted claims of review an initial determination (‘‘ID’’)
Commission’s Investigative Attorney the ’331 patent. The Commission adopts (Order No.11) of the presiding
each filed a timely petition for review of the ID’s analysis on pages 99–120 and administrative law judge (‘‘ALJ’’),
the ID and Fujifilm filed a contingent 125–128, and further relies on Dr. granting complainant’s unopposed
petition for review of the ID. On Wang’s coercivity measurements for motion for leave to amend the
February 15, 2018, the parties filed Fujifilm’s accused products and IBM’s complaint and notice of investigation to
amozie on DSK30RV082PROD with NOTICES

timely responses to the petitions for domestic industry products as a basis add 3Shape Trios A/S of Copenhagen,
review. No public interest comments for finding Sony’s expert’s conclusions Denmark, as a respondent.
were filed by the public in this unreliable. See RX–0010C (Wang RWS) FOR FURTHER INFORMATION CONTACT:
investigation. Q/A 282, 296, 303. Dr. Wang’s Amanda Fisherow, Esq., Office of the
Having examined the record of this coercivity measurements demonstrate General Counsel, U.S. International
investigation, including the ID, the that these products do not meet the Trade Commission, 500 E Street SW,
petitions for review, and the responses ‘‘coercivity of at least about [2300/2500] Washington, DC 20436, telephone (202)

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13782 Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Notices

205–2737. Copies of non-confidential 210 of the Commission’s Rules of California. 82 FR 60215 (Dec. 19, 2017).
documents filed in connection with this Practice and Procedure (19 CFR part The complaint alleges violations of
investigation are or will be available for 210). section 337 of the Tariff Act of 1930, as
inspection during official business By order of the Commission. amended, 19 U.S.C. 1337, in the
hours (8:45 a.m. to 5:15 p.m.) in the Issued: March 26, 2018. importation into the United States, the
Office of the Secretary, U.S. Lisa Barton,
sale for importation, or the sale within
International Trade Commission, 500 E the United States after importation of
Secretary to the Commission.
Street SW, Washington, DC 20436, certain intraoral scanners and related
[FR Doc. 2018–06415 Filed 3–29–18; 8:45 am]
telephone (202) 205–2000. General hardware and software by reason of
BILLING CODE 7020–02–P infringement of one or more claims of
information concerning the Commission
may also be obtained by accessing its U.S. Patent Nos.: 9,615,901; 8,638,448;
internet server at https://www.usitc.gov. 8,638,447; 6,845,175; and 6,334,853. Id.
INTERNATIONAL TRADE
The public record for this investigation The complaint further alleges that a
COMMISSION
may be viewed on the Commission’s domestic industry exists. The
electronic docket (EDIS) at https:// [Investigation No. 337–TA–1090] Commission’s notice of investigation
edis.usitc.gov. Hearing-impaired named as respondents 3Shape A/S of
persons are advised that information on Certain Intraoral Scanners and Related Copenhagen K, Denmark; and 3Shape,
this matter can be obtained by Hardware and Software; Commission Inc., of Warren, New Jersey. The Office
contacting the Commission’s TDD Determination Not To Review an Initial of Unfair Import Investigations is not
terminal on (202) 205–1810. Determination Granting a Motion for participating in the investigation.
Leave To Amend the Complaint and On March 5, 2018, Align filed an
SUPPLEMENTARY INFORMATION: The
Notice of Investigation To Add unopposed motion for leave to file a
Commission instituted this investigation
Respondent second amended complaint naming
on December 20, 2017, based on a
complaint, as amended and AGENCY: U.S. International Trade 3Shape Trios A/S as a new respondent
supplemented, filed on behalf of Align Commission. in the investigation under Commission
Technology, Inc. of San Jose, California ACTION: Notice.
Rule 210.14(b)(1). Order No. 8 at 1 (Mar.
(‘‘complainant’’). 82 FR 60418 (Dec. 20 7, 2018). On March 7, 2018, the ALJ
2017). The complaint, as amended and SUMMARY: Notice is hereby given that issued the subject ID granting the
supplemented, alleges violations of the U.S. International Trade motion. Id. at 2. The ALJ found that
Section 337 of the Tariff Act of 1930, as Commission has determined not to good cause exists to amend the
amended, 19 U.S.C. 1337 (‘‘section review an initial determination (‘‘ID’’) complaint and there is no evidence of
337’’), based upon the importation into (Order No. 8) of the presiding any prejudice to the parties at this early
the United States, the sale for administrative law judge (‘‘ALJ’’), stage of the investigation. Id. No
importation, and the sale within the granting complainant’s unopposed petitions for review were filed.
United States after importation of motion for leave to amend the The Commission has determined not
certain color intraoral scanners and complaint and notice of investigation to to review the ID.
add 3Shape Trios A/S of Copenhagen, The authority for the Commission’s
related hardware and software by reason
Denmark, as a respondent. determination is contained in section
of infringement of certain claims of U.S.
FOR FURTHER INFORMATION CONTACT: 337 of the Tariff Act of 1930, as
Patent No. 8,363,228, U.S. Patent No.
Cathy Chen, Esq., Office of the General amended (19 U.S.C. 1337), and in Part
8,451,456, U.S. Patent No. 8,675,207,
Counsel, U.S. International Trade 210 of the Commission’s Rules of
U.S. Patent No. 9,101,433, U.S. Patent
Commission, 500 E Street SW, Practice and Procedure (19 CFR part
No. 6,948,931, and U.S. Patent No.
Washington, DC 20436, telephone (202) 210).
6,685,470. The Notice of Investigation
named 3Shape A/S of Copenhagen, 205–2392. Copies of non-confidential By order of the Commission.
Denmark and 3Shape, Inc. of Warren, documents filed in connection with this Issued: March 26, 2018.
New Jersey as respondents. The Office investigation are or will be available for Lisa Barton,
of Unfair Import Investigations was not inspection during official business Secretary to the Commission.
named as a party in this investigation. hours (8:45 a.m. to 5:15 p.m.) in the
[FR Doc. 2018–06417 Filed 3–29–18; 8:45 am]
On March 6, 2018, the complainant Office of the Secretary, U.S.
BILLING CODE 7020–02–P
filed an unopposed motion for leave to International Trade Commission, 500 E
file a second amended complaint Street SW, Washington, DC 20436,
naming 3Shape Trios A/S as a new telephone (202) 205–2000. General
information concerning the Commission DEPARTMENT OF JUSTICE
respondent in the investigation under
Commission Rule 210.14(b)(1). On may also be obtained by accessing its [OMB Number 1122–0026]
March 15, 2018, the ALJ issued the internet server at https://www.usitc.gov.
subject ID, granting complainant’s The public record for this investigation Agency Information Collection
unopposed motion. The ALJ found that may be viewed on the Commission’s Activities; Proposed eCollection
good cause exists to amend the electronic docket (EDIS) at https:// eComments Requested; Extension of a
complaint and there is no evidence of edis.usitc.gov. Hearing-impaired Currently Approved Collection
any prejudice to the parties at this early persons are advised that information on AGENCY: Office on Violence Against
stage of the investigation. No petitions this matter can be obtained by Women, Department of Justice.
amozie on DSK30RV082PROD with NOTICES

for review were filed. contacting the Commission’s TDD
ACTION: 60-Day notice.
The Commission has determined not terminal on (202) 205–1810.
to review the ID. SUPPLEMENTARY INFORMATION: The SUMMARY: The Department of Justice,
The authority for the Commission’s Commission instituted this investigation Office on Violence Against Women
determination is contained in section on December 19, 2017, based on a (OVW) will be submitting the following
337 of the Tariff Act of 1930, as complaint filed on behalf of Align information collection request to the
amended (19 U.S.C. 1337), and in Part Technology, Inc. (‘‘Align’’) of San Jose, Office of Management and Budget

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Document Created: 2018-11-01 08:58:33
Document Modified: 2018-11-01 08:58:33

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		Amanda Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 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. 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		83 FR 13781