83 FR 17565 - Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same; Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Extension of Target Date

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 77 (April 20, 2018)

Page Range		17565-17566
FR Document		2018-08265

Notice is hereby given that the U.S. International Trade Commission (the ``Commission'') has determined to review in part the final initial determination (the ``ID'') issued by the presiding administrative law judge (``ALJ'') on February 15, 2018, finding a violation of section 337 of the Tariff Act of 1930, as amended, in connection with certain asserted patents. The Commission has also determined to extend the target date for the completion of this investigation from June 18, 2018, to June 25, 2018.

Federal Register, Volume 83 Issue 77 (Friday, April 20, 2018)

[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17565-17566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08265]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1031]


Certain UV Curable Coatings for Optical Fibers, Coated Optical 
Fibers, and Products Containing Same; Notice of Commission 
Determination To Review in Part a Final Initial Determination Finding a 
Violation of Section 337; Extension of Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined to review in part the 
final initial determination (the ``ID'') issued by the presiding 
administrative law judge (``ALJ'') on February 15, 2018, finding a 
violation of section 337 of the Tariff Act of 1930, as amended, in 
connection with certain asserted patents. The Commission has also 
determined to extend the target date for the completion of this 
investigation from June 18, 2018, to June 25, 2018.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3427. 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, telephone 202-205-1810.

SUPPLEMENTARY INFORMATION: On December 5, 2016, the Commission 
instituted this investigation based on a complaint filed by DSM 
Desotech, Inc. of Elgin, IL; and DSM IP Assets B.V. of Heerlen, 
Netherlands (collectively, ``DSM'' or ``Complainants''). 81 FR 87588-89 
(Dec. 5, 2016). The complaint 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, 
or the sale within the United States after importation of certain UV 
curable coatings for optical fibers, coated optical fibers, and 
products containing same by reason of infringement of one or more of 
claims 1-8, 10-15, and 18-22 of U.S. Patent No. 6,961,508 (``the '508 
patent''); claims 1-10 and 13-15 of U.S. Patent No. 7,171,103 (``the 
'103 patent''); claims 2-4, 9, 11-12, and 15 of U.S. Patent No. 
7,067,564 (``the '564 patent''); and claims 1-3, 9, 12, 16-18, 21, and 
30 of U.S. Patent No. 7,706,659 (``the '659 patent''). Id. The 
Commission's Notice of Investigation named as respondents Momentive UV 
Coatings (Shanghai) Co., Ltd. of Shanghai, China (``MUV''); and OFS 
Fitel, LLC of Norcross, Georgia (``OFS'') (collectively, 
``Respondents''). Id. The Office of Unfair Import Investigations 
(``OUII'') was also named as a party in this investigation. Id.
    Prior to the evidentiary hearing, DSM withdrew its allegations as 
to certain patent claims. See Order 12 (Apr. 12, 2017), unreviewed, 
Notice of Commission Determination Not to Review an Initial 
Determination Granting Complainants' Unopposed Motion to Terminate this 
Investigation with respect to One Patent Claim (May 11, 2017); Order 50 
(Aug. 25, 2017), unreviewed, Notice of Commission Determination Not to 
Review An Initial Determination Withdrawing from the Complaint Certain 
Allegations Regarding U.S. Patent No. 7,067,564 (Sept. 15, 2017). DSM 
proceeded at the evidentiary hearing on the following

[[Page 17566]]

patents and claims: Claims 1-8, 11-15, 18-19, 20-21, and 22 of the '508 
patent; claims 1-10 and 13-15 of the '103 patent; and claims 1-3, 9, 
12, 16-18, 21, and 30 of the '659 patent.
    On February 15, 2018, the ALJ issued the ID, which finds only MUV 
in violation of section 337, and only as to the '508 and '103 patents. 
The ALJ recommended that the Commission issue a limited exclusion order 
directed to MUV's infringing products. The ALJ also recommended a bond 
of forty percent of entered value during the Presidential review 
period. See 19 U.S.C. 1337(j)(3).
    On February 27-28, 2018, OUII, DSM, MUV, and OFS filed petitions 
for review of the ID, and on March 7-8, 2018, the parties filed 
responses to the petitions. On March 19, 2018, the private parties 
filed statements on the public interest. The Commission also received 
comments on the public interest from members of the public.
    Having examined the record in this investigation, including the ID, 
the petitions for review, and the responses thereto, the Commission has 
determined to review the ID in part. In particular, the Commission has 
determined to review the following:
    (1) Whether respondent OFS imports respondent MUV's accused KS1-
043/048 coating.
    (2) Whether claim 30 of '659 patent is invalid for lack of written 
description.
    (3) Whether claims 1-8, 11, 15, and 18-19 of the '508 patent are 
invalid for lack of written description and enablement.
    (4) Whether claim 21 of the '508 patent and claims 1-10 and 13-15 
of the '103 patent are invalid for lack of written description and 
enablement.
    (5) Whether the accused products infringe the '508, '103, and '659 
patents.
    (6) Whether the technical and economic prongs of the domestic 
industry requirement have been met for the '508, '103, and '659 
patents.
    The Commission has determined to not review the remainder of the 
ID. The Commission does not request any briefing at this time.
    This action is taken under the authority of 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: April 16, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-08265 Filed 4-19-18; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices 17565

FOR FURTHER INFORMATION CONTACT: During the public comment period, official business hours (8:45 a.m. to 5:15
Lesli Ellis-Wouters, Communications depending upon the number of people p.m.) in the Office of the Secretary, U.S.
Director, BLM Alaska State Office, 222 wishing to comment, time for individual International Trade Commission, 500 E
W. 7th Avenue #13, Anchorage, AK oral comments may be limited. Please Street SW, Washington, DC 20436,
99513; lellis@blm.gov; 907–271–4418. be prepared to submit written telephone 202–205–2000. General
People who use a telecommunications comments. If you have information to information concerning the Commission
device for the deaf (TDD) may call the distribute to the RAC, please do so prior may also be obtained by accessing its
Federal Relay Service (FRS) at 1–800– to the start of the meeting. internet server at https://www.usitc.gov.
877–8339 to contact the above You can submit written comments by The public record for this investigation
individual during normal business email to BLM_AK_Communications@ may be viewed on the Commission’s
hours. The FRS is available 24 hours a blm.gov. Before including your address, electronic docket (‘‘EDIS’’) at https://
day, seven days a week, to leave a phone number, email address, or other edis.usitc.gov. Hearing-impaired
message or question with the above personal identifying information in your persons are advised that information on
individual. You will receive a reply comment, you should be aware that this matter can be obtained by
during normal business hours. your entire comment—including your contacting the Commission’s TDD
SUPPLEMENTARY INFORMATION: The 15- personal identifying information—may terminal, telephone 202–205–1810.
member BLM Alaska RAC was chartered be made publicly available at any time. SUPPLEMENTARY INFORMATION: On
to provide advice to the BLM and the While you can ask us in your comment December 5, 2016, the Commission
Secretary of the Interior on a variety of to withhold your personal identifying instituted this investigation based on a
planning and management issues information from public review, we complaint filed by DSM Desotech, Inc.
associated with public land cannot guarantee that we will be able to of Elgin, IL; and DSM IP Assets B.V. of
management in Alaska. All advisory do so. Heerlen, Netherlands (collectively,
council meetings are open to the public. Authority: 43 CFR 1784.4–2. ‘‘DSM’’ or ‘‘Complainants’’). 81 FR
The agenda will include updates on 87588–89 (Dec. 5, 2016). The complaint
the National Petroleum Reserve in Karen E. Mouritsen, alleges violations of section 337 of the
Alaska (NPR–A), the Greater Mooses Acting State Director, Alaska. Tariff Act of 1930, as amended, 19
Tooth Unit 2 project and proposed [FR Doc. 2018–08300 Filed 4–19–18; 8:45 am] U.S.C. 1337 (‘‘section 337’’), based upon
Willow Development. There will be BILLING CODE 4310–JA–P the importation into the United States,
updates on current BLM Alaska the sale for importation, or the sale
planning efforts, such as the Road to within the United States after
Ambler Mining District Environmental INTERNATIONAL TRADE importation of certain UV curable
Impact Statement and the Bering Sea- COMMISSION coatings for optical fibers, coated optical
Western Interior and Central Yukon fibers, and products containing same by
[Investigation No. 337–TA–1031]
Resource Management Plans. Four BLM reason of infringement of one or more of
Alaska RAC subcommittees including Certain UV Curable Coatings for claims 1–8, 10–15, and 18–22 of U.S.
Placer Mining, Recreation, Alaska Optical Fibers, Coated Optical Fibers, Patent No. 6,961,508 (‘‘the ’508 patent’’);
Native Claims Settlement Act, and and Products Containing Same; Notice claims 1–10 and 13–15 of U.S. Patent
Areas of Critical Environmental Concern of Commission Determination To No. 7,171,103 (‘‘the ’103 patent’’);
will give their reports. Review in Part a Final Initial claims 2–4, 9, 11–12, and 15 of U.S.
A focus on cooperative management Determination Finding a Violation of Patent No. 7,067,564 (‘‘the ’564 patent’’);
will explore partnership opportunities Section 337; Extension of Target Date and claims 1–3, 9, 12, 16–18, 21, and 30
for the BLM with the State of Alaska, of U.S. Patent No. 7,706,659 (‘‘the ’659
other Federal agencies, local and Tribal AGENCY: U.S. International Trade patent’’). Id. The Commission’s Notice
governments, and nongovernmental Commission. of Investigation named as respondents
organizations. A session on Alaska ACTION: Notice. Momentive UV Coatings (Shanghai) Co.,
subsistence will include Federal and Ltd. of Shanghai, China (‘‘MUV’’); and
State responsibilities for the Federal SUMMARY: Notice is hereby given that OFS Fitel, LLC of Norcross, Georgia
Subsistence Management Program. the U.S. International Trade (‘‘OFS’’) (collectively, ‘‘Respondents’’).
Ahtna, Inc., one of the 13 Alaska Native Commission (the ‘‘Commission’’) has Id. The Office of Unfair Import
Regional Corporations established under determined to review in part the final Investigations (‘‘OUII’’) was also named
the Alaska Native Claims Settlement initial determination (the ‘‘ID’’) issued as a party in this investigation. Id.
Act, will give a presentation about by the presiding administrative law Prior to the evidentiary hearing, DSM
cooperative subsistence management judge (‘‘ALJ’’) on February 15, 2018, withdrew its allegations as to certain
and effective collaboration between the finding a violation of section 337 of the patent claims. See Order 12 (Apr. 12,
native corporations and Federal and Tariff Act of 1930, as amended, in 2017), unreviewed, Notice of
State agencies. connection with certain asserted Commission Determination Not to
The RAC will hear Intertribal patents. The Commission has also Review an Initial Determination
Coalition presentations from the Tanana determined to extend the target date for Granting Complainants’ Unopposed
Chiefs Conference, Kuskokwim Fish the completion of this investigation Motion to Terminate this Investigation
Intertribal Commission, and Ahtna from June 18, 2018, to June 25, 2018. with respect to One Patent Claim (May
Intertribal Resource Commission. FOR FURTHER INFORMATION CONTACT: Ron 11, 2017); Order 50 (Aug. 25, 2017),
sradovich on DSK3GMQ082PROD with NOTICES

Presentations on BLM Alaska’s Traud, Office of the General Counsel, unreviewed, Notice of Commission
conservation science partnerships will U.S. International Trade Commission, Determination Not to Review An Initial
explore Landscape Conservation 500 E Street SW, Washington, DC Determination Withdrawing from the
Cooperatives (LCCs), including the 20436, telephone 202–205–3427. Copies Complaint Certain Allegations
Northwest Boreal LCC, Western Alaska of non-confidential documents filed in Regarding U.S. Patent No. 7,067,564
LCC, Arctic LCC, and Aleutian Bering connection with this investigation are or (Sept. 15, 2017). DSM proceeded at the
Sea Islands LCC. will be available for inspection during evidentiary hearing on the following

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17566 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices

patents and claims: Claims 1–8, 11–15, DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR
18–19, 20–21, and 22 of the ’508 patent;
claims 1–10 and 13–15 of the ’103 Notice of Lodging of Proposed Office of the Secretary
patent; and claims 1–3, 9, 12, 16–18, 21, Consent Decree
and 30 of the ’659 patent. Agency Information Collection
On February 15, 2018, the ALJ issued In accordance with Departmental Activities; Submission for OMB
the ID, which finds only MUV in Policy, 28 CFR 50.7, notice is hereby Review; Comment Request; Family
violation of section 337, and only as to given that a proposed Consent Decree in and Medical Leave Act of 1993, as
the ’508 and ’103 patents. The ALJ United States v. James Bult, Case No. Amended
recommended that the Commission 1:17–cv–04574, was lodged with the
ACTION:Notice of availability; request
issue a limited exclusion order directed United States District Court for the for comments.
to MUV’s infringing products. The ALJ Northern District of Illinois, Eastern
also recommended a bond of forty Division on April 10, 2018. SUMMARY: The Department of Labor
percent of entered value during the (DOL) is submitting the Wage and Hour
This proposed Consent Decree
Presidential review period. See 19 Division (WHD) sponsored information
concerns a complaint filed by the
U.S.C. 1337(j)(3). collection request (ICR) titled, ‘‘Family
United States against Defendant Mr.
On February 27–28, 2018, OUII, DSM, and Medical Leave Act of 1993, As
MUV, and OFS filed petitions for review James Bult, pursuant to 33 U.S.C.
1311(a), 1319(b) and 1319(d), to obtain Amended,’’ to the Office of Management
of the ID, and on March 7–8, 2018, the and Budget (OMB) for review and
parties filed responses to the petitions. injunctive relief from and impose civil
penalties against the Defendant for approval for continued use, without
On March 19, 2018, the private parties change, in accordance with the
filed statements on the public interest. violating the Clean Water Act by
Paperwork Reduction Act of 1995
The Commission also received discharging pollutants without a permit
(PRA). Public comments on the ICR are
comments on the public interest from into waters of the United States. The
invited.
members of the public. proposed Consent Decree resolves these
allegations by requiring the Defendant DATES: The OMB will consider all
Having examined the record in this
to restore the impacted areas, perform written comments that agency receives
investigation, including the ID, the
mitigation, and pay a civil penalty. on or before May 21, 2018.
petitions for review, and the responses
thereto, the Commission has determined ADDRESSES: A copy of this ICR with
The Department of Justice will accept
to review the ID in part. In particular, applicable supporting documentation;
written comments relating to this
the Commission has determined to including a description of the likely
proposed Consent Decree for thirty (30) respondents, proposed frequency of
review the following: days from the date of publication of this
(1) Whether respondent OFS imports response, and estimated total burden
Notice. Please address comments to Mr. may be obtained free of charge from the
respondent MUV’s accused KS1–043/ Kurt N. Lindland, Assistant United
048 coating. RegInfo.gov website at http://
States Attorney for the United States www.reginfo.gov/public/do/PRAView
(2) Whether claim 30 of ’659 patent is
Attorney’s Office, Northern District of ICR?ref_nbr=201711-1235-001 (this link
invalid for lack of written description.
Illinois, and Mr. Scott A. Schachter, will only become active on the day
(3) Whether claims 1–8, 11, 15, and
Assistant Section Chief for the United following publication of this notice) or
18–19 of the ’508 patent are invalid for
States Department of Justice, by contacting Michel Smyth by
lack of written description and
enablement. Environment and Natural Resources telephone at 202–693–4129, TTY 202–
(4) Whether claim 21 of the ’508 Division, Environmental Defense 693–8064, (these are not toll-free
patent and claims 1–10 and 13–15 of the Section, Post Office Box 7611, numbers) or by email at DOL_PRA_
’103 patent are invalid for lack of Washington, DC 20044, and refer to PUBLIC@dol.gov.
written description and enablement. United States v. James Bult, DJ #90–5– Submit comments about this request
(5) Whether the accused products 1–1–21133. by mail to the Office of Information and
infringe the ’508, ’103, and ’659 patents. The proposed Consent Decree may be Regulatory Affairs, Attn: OMB Desk
(6) Whether the technical and examined at the Clerk’s Office, United Officer for DOL–WHD, Office of
economic prongs of the domestic Management and Budget, Room 10235,
States District Court for the Northern
industry requirement have been met for 725 17th Street NW, Washington, DC
District of Illinois, Eastern Division, 219
the ’508, ’103, and ’659 patents. 20503; by Fax: 202–395–5806 (this is
South Dearborn Street, Chicago, IL not a toll-free number); or by email:
The Commission has determined to 60604. In addition, the proposed
not review the remainder of the ID. The OIRA_submission@omb.eop.gov.
Consent Decree may be examined Commenters are encouraged, but not
Commission does not request any electronically at http://www.justice.gov/
briefing at this time. required, to send a courtesy copy of any
enrd/consent-decrees. comments by mail or courier to the U.S.
This action is taken under the
Cherie Rogers, Department of Labor-OASAM, Office of
authority of section 337 of the Tariff Act
the Chief Information Officer, Attn:
of 1930, as amended (19 U.S.C. 1337), Assistant Section Chief, Environmental
Departmental Information Compliance
and in part 210 of the Commission’s Defense Section, Environment and Natural
Resources Division. Management Program, Room N1301,
Rules of Practice and Procedure (19 CFR
200 Constitution Avenue NW,
sradovich on DSK3GMQ082PROD with NOTICES

part 210). [FR Doc. 2018–08241 Filed 4–19–18; 8:45 am]
Washington, DC 20210; or by email:
By order of the Commission. BILLING CODE 4410–15–P
DOL_PRA_PUBLIC@dol.gov.
Issued: April 16, 2018.
FOR FURTHER INFORMATION CONTACT:
Katherine Hiner, Michel Smyth by telephone at 202–693–
Supervisory Attorney. 4129, TTY 202–693–8064, (these are not
[FR Doc. 2018–08265 Filed 4–19–18; 8:45 am] toll-free numbers) or by email at DOL_
BILLING CODE 7020–02–P PRA_PUBLIC@dol.gov.

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Document Created: 2018-04-20 00:02:52
Document Modified: 2018-04-20 00:02:52

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		Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202-205-3427. 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, telephone 202-205-1810.
FR Citation		83 FR 17565