83 FR 38178 - Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Commission Determination To Institute a Rescission Proceeding; Temporary Rescission of the Remedial Orders; Termination of the Proceeding

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 150 (August 3, 2018)

Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding, to temporarily rescind a March 17, 2016 limited exclusion order and three cease-and-desist orders (``the remedial orders''), and to terminate the rescission proceeding.

[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38178-38179]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16611]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-929 (Rescission Proceeding)]


Certain Beverage Brewing Capsules, Components Thereof, and 
Products Containing the Same; Commission Determination To Institute a 
Rescission Proceeding; Temporary Rescission of the Remedial Orders; 
Termination of the Proceeding

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 to institute a rescission proceeding, to 
temporarily rescind a March 17, 2016 limited exclusion order and three 
cease-and-desist orders (``the remedial orders''), and to terminate the 
rescission proceeding.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 (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 the original 
investigation on September 9, 2014, based on a complaint filed by 
Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, 
``ARM''). 79 FR 53445-46. The complaint alleged that several 
respondents, including Eko Brands, LLC (``Eko'') Evermuch Technology 
Co., Ltd. and Ever Much Company Ltd. (together, ``Evermuch''), violated 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by 
infringing certain claims of U.S. Patent No. 8,720,320 (``the '320 
patent''). Id. Eko Brands and Evermuch did not respond to the complaint 
and notice of investigation, and were found in default. Notice (May 18, 
2015). On March 17, 2016, the Commission issued a limited exclusion 
order prohibiting Eko and Evermuch from importing certain beverage 
brewing capsules, components thereof, and products containing same that 
infringed claims 8 or 19 of the '320 patent, and also issued three 
cease-and-desist orders against Eko and the two Evermuch entities 
prohibiting the sale and distribution within the United States of 
articles that infringe claims 8 or 19. 81 FR 15742-43.
    On April 2, 2015, Eko filed in district court for declaratory 
relief stating, inter alia, that Eko does not infringe certain claims 
of the '320 patent and that certain claims of the '320 patent are 
invalid. Eko Brands v. Adrian Rivera Maynez Enterprises Inc. et al., 
Case No. 2:15-cv-00522, Dkt. #1 (W.D. Wash.). On June 14, 2018, the 
district court issued an order finding that claims 5, 8, 18, and 19 of 
the '320 patent are invalid as obvious. Id. at Dkt. #251.
    On June 28, 2018, Eko petitioned the Commission to rescind the 
March 17, 2016 remedial orders based on the district court's invalidity 
judgment. On July 9, 2018, ARM filed a response that did not dispute 
Eko's petition, but argued that any rescission be temporary pending the 
resolution of ARM's appeal of the district court invalidity judgment.
    Having considered the petition and response, the Commission has 
determined to institute a rescission proceeding, and has determined 
that the circumstances warrant temporarily rescinding the remedial 
orders pending the appeal of the district court invalidity judgment. 
The rescission proceeding is hereby terminated.
    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

[[Page 38179]]

210 of the Commission's Rules of Practice and Procedure (19 CFR part 
210).

    By order of the Commission.

    Issued: July 30, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-16611 Filed 8-2-18; 8:45 am]
 BILLING CODE 7020-02-P