83 FR 26087 - Certain Blood Cholesterol Testing Strips and Associated Systems Containing the Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 108 (June 5, 2018)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 30, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Polymer Technology Systems, Inc. of Indianapolis, Indiana. On May 11, 2018, PTS filed a letter correcting the expiration dates for two of the three asserted patents. 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 blood cholesterol testing strips and associated systems containing the same by reason of infringement of certain claims of U.S. Patent No. 7,087,397 (``the '397 patent''); U.S. Patent No. 7,625,721 (``the '721 patent''); and U.S. Patent No. 7,494,818 (``the '818 patent''). The 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 a cease and desist order.

[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26087-26088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12054]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1116]


Certain Blood Cholesterol Testing Strips and Associated Systems 
Containing the Same; 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 April 30, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Polymer 
Technology Systems, Inc. of Indianapolis, Indiana. On May 11, 2018, PTS 
filed a letter correcting the expiration dates for two of the three 
asserted patents. 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 
blood cholesterol testing strips and associated systems containing the 
same by reason of infringement of certain claims of U.S. Patent No. 
7,087,397 (``the '397 patent''); U.S. Patent No. 7,625,721 (``the '721 
patent''); and U.S. Patent No. 7,494,818 (``the '818 patent''). The 
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 a cease and desist order.

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: The Office of Docket Services, 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 (2018).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 30, 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 blood 
cholesterol testing strips and associated systems containing the same 
by reason of infringement of one or more of claims 1-3, 5, 10, 13-14, 
and 17-20 of the '397 patent; claims 1-9 and 13-15 of the '721 patent; 
and claims 8-11 of the '818 patent; and whether an industry in the 
United States exists 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: Polymer Technology Systems, Inc., 7736 
Zionsville Road, Indianapolis, Indiana 46268.
    (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:

ACON Laboratories, Inc., 10125 Mesa Rim Road, San Diego, California 
92121
ACON Biotech (Hangzhou) Co., Ltd., No. 210 Zhenzhoong Road, West Lake

[[Page 26088]]

District, Hangzhou Zhejiang 310030, China

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be named as a 
party to this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent 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 the 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: May 31, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-12054 Filed 6-4-18; 8:45 am]
 BILLING CODE 7020-02-P