83 FR 19112 - Certain Strontium-Rubidium Radioisotope Infusion Systems, and Components Thereof Including Generators; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 84 (May 1, 2018)

Page Range		19112-19113
FR Document		2018-09068

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 27, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Bracco Diagnostics Inc. of Monroe Township, New Jersey. An amended complaint was filed on April 13, 2018. The amended 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 strontium-rubidium radioisotope infusion systems, and components thereof including generators by reason of infringement of U.S. Patent No. 9,814,826 (``the '826 patent''); U.S. Patent No. 9,750,869 (``the '869 patent''); and U.S. Patent No. 9,750,870 (``the '870 patent''). The amended complaint further alleges that an industry in the United States exists 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 84 (Tuesday, May 1, 2018)

[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Notices]
[Pages 19112-19113]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09068]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1110]


Certain Strontium-Rubidium Radioisotope Infusion Systems, and 
Components Thereof Including Generators; 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 March 27, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Bracco 
Diagnostics Inc. of Monroe Township, New Jersey. An amended complaint 
was filed on April 13, 2018. The amended 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 strontium-rubidium radioisotope infusion 
systems, and components thereof including generators by reason of 
infringement of U.S. Patent No. 9,814,826 (``the '826 patent''); U.S. 
Patent No. 9,750,869 (``the '869 patent''); and U.S. Patent No. 
9,750,870 (``the '870 patent''). The amended complaint further alleges 
that an industry in the United States exists 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.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

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 (2018).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on April 24, 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 strontium-
rubidium radioisotope infusion systems, and components thereof 
including generators by reason of infringement of one or more of claims 
1-3, 5, 9-14, 17-19, 26, and 28 of the '826 patent; claims 1-5, 8, 14, 
24, and 27-30 of the '869 patent; and claims 1, 2, 8-13, 16, 17, 22, 
and 27 of the '870 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) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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: Bracco Diagnostics Inc., 259 Prospect 
Plains Road, Building H, Monroe Township, NJ 08831.
    (b) The respondents are the following entities alleged to be in 
violation of

[[Page 19113]]

section 337, and are the parties upon which the complaint is to be 
served:

Jubilant DraxImage Inc., 16751 TransCanada Highway, Kirkland, 
Qu[eacute]bec, Canada, H9H 4J4
Jubilant Pharma Limited, 6 Temasek Boulevard, #20-06 Suntec City, Tower 
Four, Singapore 038986
Jubilant Life Sciences, Plot 1-A Sector 16-A Institutional Area, Noida, 
Uttar Pradesh, 201301 India

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) 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: April 25, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-09068 Filed 4-30-18; 8:45 am]
BILLING CODE 7020-02-P

19112 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices

(a) Production (quantity) and, if Issued: April 23, 2018. the Commission may also be obtained
known, an estimate of the percentage of Lisa Barton, by accessing its internet server at
total production of Subject Merchandise Secretary to the Commission. https://www.usitc.gov. The public
in the Subject Country accounted for by [FR Doc. 2018–08793 Filed 4–30–18; 8:45 am] record for this investigation may be
your firm’s(s’) production; BILLING CODE 7020–02–P
viewed on the Commission’s electronic
(b) Capacity (quantity) of your firm(s) docket (EDIS) at https://edis.usitc.gov.
to produce the Subject Merchandise in FOR FURTHER INFORMATION CONTACT:
the Subject Country (that is, the level of INTERNATIONAL TRADE Pathenia M. Proctor, The Office of
production that your establishment(s) COMMISSION Unfair Import Investigations, U.S.
could reasonably have expected to International Trade Commission,
attain during the year, assuming normal [Investigation No. 337–TA–1110]
telephone (202) 205–2560.
operating conditions (using equipment
Certain Strontium-Rubidium SUPPLEMENTARY INFORMATION:
and machinery in place and ready to
Radioisotope Infusion Systems, and Authority: The authority for institution of
operate), normal operating levels (hours
Components Thereof Including this investigation is contained in section 337
per week/weeks per year), time for
Generators; Institution of Investigation of the Tariff Act of 1930, as amended, 19
downtime, maintenance, repair, and
U.S.C. 1337 and in section 210.10 of the
cleanup, and a typical or representative AGENCY: U.S. International Trade Commission’s Rules of Practice and
product mix); and Commission Procedure, 19 CFR 210.10 (2018).
(c) the quantity and value of your ACTION: Notice.
firm’s(s’) exports to the United States of Scope of Investigation: Having
Subject Merchandise and, if known, an SUMMARY: Notice is hereby given that a considered the complaint, the U.S.
estimate of the percentage of total complaint was filed with the U.S. International Trade Commission, on
exports to the United States of Subject International Trade Commission on April 24, 2018, ordered that—
Merchandise from the Subject Country March 27, 2018, under section 337 of (1) Pursuant to subsection (b) of
accounted for by your firm’s(s’) exports. the Tariff Act of 1930, as amended, on section 337 of the Tariff Act of 1930, as
(12) Identify significant changes, if behalf of Bracco Diagnostics Inc. of amended, an investigation be instituted
any, in the supply and demand Monroe Township, New Jersey. An to determine whether there is a
conditions or business cycle for the amended complaint was filed on April violation of subsection (a)(1)(B) of
Domestic Like Product that have 13, 2018. The amended complaint section 337 in the importation into the
occurred in the United States or in the alleges violations of section 337 based United States, the sale for importation,
market for the Subject Merchandise in upon the importation into the United or the sale within the United States after
the Subject Country after 2012, and States, the sale for importation, and the importation of certain strontium-
significant changes, if any, that are sale within the United States after rubidium radioisotope infusion systems,
likely to occur within a reasonably importation of certain strontium- and components thereof including
foreseeable time. Supply conditions to rubidium radioisotope infusion systems, generators by reason of infringement of
consider include technology; and components thereof including one or more of claims 1–3, 5, 9–14, 17–
production methods; development generators by reason of infringement of 19, 26, and 28 of the ’826 patent; claims
efforts; ability to increase production U.S. Patent No. 9,814,826 (‘‘the ’826 1–5, 8, 14, 24, and 27–30 of the ’869
(including the shift of production patent’’); U.S. Patent No. 9,750,869 (‘‘the patent; and claims 1, 2, 8–13, 16, 17, 22,
facilities used for other products and the ’869 patent’’); and U.S. Patent No. and 27 of the ’870 patent; and whether
use, cost, or availability of major inputs 9,750,870 (‘‘the ’870 patent’’). The an industry in the United States exists,
into production); and factors related to amended complaint further alleges that or is in the process of being established,
the ability to shift supply among an industry in the United States exists as required by subsection (a)(2) of
different national markets (including as required by the applicable Federal section 337;
barriers to importation in foreign Statute. (2) Pursuant to Commission Rule
markets or changes in market demand The complainant requests that the 210.50(b)(1), 19 CFR 210.50(b)(1), the
abroad). Demand conditions to consider Commission institute an investigation presiding administrative law judge shall
include end uses and applications; the and, after the investigation, issue a take evidence or other information and
existence and availability of substitute limited exclusion order and cease and hear arguments from the parties and
products; and the level of competition desist orders. other interested persons with respect to
among the Domestic Like Product ADDRESSES: The complaint, except for the public interest in this investigation,
produced in the United States, Subject any confidential information contained as appropriate, and provide the
Merchandise produced in the Subject therein, is available for inspection Commission with findings of fact and a
Country, and such merchandise from during official business hours (8:45 a.m. recommended determination on this
other countries. to 5:15 p.m.) in the Office of the issue, which shall be limited to the
(13) (OPTIONAL) A statement of Secretary, U.S. International Trade statutory public interest factors set forth
whether you agree with the above Commission, 500 E Street SW, Room in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
definitions of the Domestic Like Product 112, Washington, DC 20436, telephone (3) For the purpose of the
and Domestic Industry; if you disagree (202) 205–2000. Hearing impaired investigation so instituted, the following
with either or both of these definitions, individuals are advised that information are hereby named as parties upon which
please explain why and provide on this matter can be obtained by this notice of investigation shall be
amozie on DSK30RV082PROD with NOTICES

alternative definitions. contacting the Commission’s TDD served:
Authority: This proceeding is being terminal on (202) 205–1810. Persons (a) The complainant is: Bracco
conducted under authority of title VII of the with mobility impairments who will Diagnostics Inc., 259 Prospect Plains
Tariff Act of 1930; this notice is published need special assistance in gaining access Road, Building H, Monroe Township, NJ
pursuant to section 207.61 of the to the Commission should contact the 08831.
Commission’s rules. Office of the Secretary at (202) 205– (b) The respondents are the following
By order of the Commission. 2000. General information concerning entities alleged to be in violation of

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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Notices 19113

section 337, and are the parties upon DEPARTMENT OF JUSTICE particularly with respect to the
which the complaint is to be served: estimated public burden or associated
Foreign Claims Settlement response time, have suggestions, need a
Jubilant DraxImage Inc., 16751 Commission copy of the proposed information
TransCanada Highway, Kirkland, collection instrument with instructions,
Québec, Canada, H9H 4J4 [F.C.S.C. Meeting and Hearing Notice No.
5–18] or desire any other additional
Jubilant Pharma Limited, 6 Temasek information, please contact Nicole
Boulevard, #20–06 Suntec City, Sunshine Act Meeting Timmons either by mail at CG–3, 10th
Tower Four, Singapore 038986 Floor, Washington, DC 20530–0001, by
The Foreign Claims Settlement email at Nicole.Timmons@usdoj.gov, or
Jubilant Life Sciences, Plot 1–A Sector Commission, pursuant to its regulations by telephone at 202–236–2646. Written
16–A Institutional Area, Noida, Uttar (45 CFR part 503.25) and the comments and/or suggestions can also
Pradesh, 201301 India Government in the Sunshine Act (5 be directed to the Office of Management
(c) The Office of Unfair Import U.S.C. 552b), hereby gives notice in and Budget, Office of Information and
Investigations, U.S. International Trade regard to the scheduling of open Regulatory Affairs, Attention
Commission, 500 E Street SW, Suite meetings as follows: Department of Justice Desk Officer,
Thursday, May 10, 2018: 10:00 a.m.— Washington, DC 20503 or sent to OIRA_
401, Washington, DC 20436; and
Issuance of Proposed Decisions in submissions@omb.eop.gov.
(4) For the investigation so instituted, claims against Iraq. SUPPLEMENTARY INFORMATION: Written
the Chief Administrative Law Judge, Status: Open. comments and suggestions from the
U.S. International Trade Commission, All meetings are held at the Foreign public and affected agencies concerning
shall designate the presiding Claims Settlement Commission, 601 D the proposed collection of information
Administrative Law Judge. Street NW, Suite 10300, Washington, are encouraged. Your comments should
Responses to the complaint and the DC. Requests for information, or address one or more of the following
notice of investigation must be advance notices of intention to observe four points:
submitted by the named respondents in an open meeting, may be directed to: —Evaluate whether the proposed
accordance with section 210.13 of the Patricia M. Hall, Foreign Claims collection of information is necessary
Commission’s Rules of Practice and Settlement Commission, 601 D Street for the proper performance of the
NW, Suite 10300, Washington, DC functions of the agency, including
Procedure, 19 CFR 210.13. Pursuant to
20579. Telephone: (202) 616–6975. whether the information will have
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the Brian M. Simkin, practical utility;
Commission if received not later than 20 Chief Counsel. —Evaluate the accuracy of the agency’s
days after the date of service by the [FR Doc. 2018–09098 Filed 4–26–18; 11:15 am]
estimate of the burden of the
Commission of the complaint and the proposed collection of information,
BILLING CODE 4410–BA–P
including the validity of the
notice of investigation. Extensions of
methodology and assumptions used;
time for submitting responses to the —Evaluate whether and if so how the
complaint and the notice of DEPARTMENT OF JUSTICE
quality, utility, and clarity of the
investigation will not be granted unless information to be collected can be
U.S. Marshals Service
good cause therefor is shown. enhanced; and
Failure of a respondent to file a timely [OMB Number 1105—NEW] —Minimize the burden of the collection
response to each allegation in the of information on those who are to
Agency Information Collection respond, including through the use of
complaint and in this notice may be Activities; Proposed eCollection
deemed to constitute a waiver of the appropriate automated, electronic,
eComments Requested; Proposed mechanical, or other technological
right to appear and contest the Collection; Comments Requested:
allegations of the complaint and this collection techniques or other forms
Form CSO–005, Preliminary of information technology, e.g.,
notice, and to authorize the Background Check Form
administrative law judge and the permitting electronic submission of
AGENCY: U.S. Marshals Service, responses.
Commission, without further notice to
the respondent, to find the facts to be as Department of Justice.
Overview of This Information
alleged in the complaint and this notice ACTION: 30-Day notice. Collection
and to enter an initial determination (1) Type of Information Collection:
SUMMARY: The Department of Justice
and a final determination containing New collection.
(DOJ), U.S. Marshals Service (USMS),
such findings, and may result in the (2) The Title of the Form/Collection:
will submit the following information
issuance of an exclusion order or a cease collection request to the Office of Form CSO–005, Preliminary
and desist order or both directed against Management and Budget (OMB) for Background Check Form.
the respondent. review and approval in accordance with (3) The agency form number, if any,
By order of the Commission. the Paperwork Reduction Act of 1995. and the applicable component of the
The proposed information collection Department sponsoring the collection:
Issued: April 25, 2018.
was previously published in the Federal Form number: CSO–005.
Lisa Barton, Component: U.S. Marshals Service,
Register on January 17, 2018, allowing
amozie on DSK30RV082PROD with NOTICES

Secretary to the Commission.
for a 60-day comment period. U.S. Department of Justice.
[FR Doc. 2018–09068 Filed 4–30–18; 8:45 am] (4) Affected public who will be asked
DATES: Comments are encouraged and or required to respond, as well as a brief
BILLING CODE 7020–02–P
will be accepted for an additional 30 abstract:
days until May 31, 2018. Primary: Court Security Officers/
FOR FURTHER INFORMATION CONTACT: If Special Security Officer (CSO/SSO)
you have additional comments, Applicants.

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Document Created: 2018-05-01 00:25:04
Document Modified: 2018-05-01 00:25:04

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		Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		83 FR 19112