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)
Federal Register Volume 83, Issue 150 (August 3, 2018)
| Page Range | 38178-38179 | |
| FR Document | 2018-16611 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![38178 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices
(iii) identify like or directly sign appropriate nondisclosure contacting the Commission’s TDD
competitive articles that complainant, agreements). All nonconfidential terminal on (202) 205–1810.
its licensees, or third parties make in the written submissions will be available for SUPPLEMENTARY INFORMATION: The
United States which could replace the public inspection at the Office of the Commission instituted the original
subject articles if they were to be Secretary and on EDIS. investigation on September 9, 2014,
excluded; This action is taken under the based on a complaint filed by Adrian
(iv) indicate whether complainant, authority of section 337 of the Tariff Act Rivera and Adrian Rivera Maynez
complainant’s licensees, and/or third of 1930, as amended (19 U.S.C. 1337), Enterprises, Inc. (collectively, ‘‘ARM’’).
party suppliers have the capacity to and in part 210 of the Commission’s 79 FR 53445–46. The complaint alleged
replace the volume of articles Rules of Practice and Procedure (19 CFR that several respondents, including Eko
potentially subject to the recommended part 210). Brands, LLC (‘‘Eko’’) Evermuch
exclusion order and/or cease and desist By order of the Commission. Technology Co., Ltd. and Ever Much
orders within a commercially Company Ltd. (together, ‘‘Evermuch’’),
Issued: July 31, 2018.
reasonable time; and violated section 337 of the Tariff Act of
(v) explain how the recommended Lisa Barton,
Secretary to the Commission. 1930, as amended, 19 U.S.C. 1337, by
exclusion order and/or cease and desist
infringing certain claims of U.S. Patent
orders would impact consumers in the [FR Doc. 2018–16651 Filed 8–2–18; 8:45 am]
No. 8,720,320 (‘‘the ’320 patent’’). Id.
United States. BILLING CODE 7020–02–P
Written submissions must be filed no Eko Brands and Evermuch did not
later than by close of business on respond to the complaint and notice of
September 6, 2018. INTERNATIONAL TRADE investigation, and were found in
Persons filing written submissions COMMISSION default. Notice (May 18, 2015). On
must file the original document March 17, 2016, the Commission issued
[Investigation No. 337–TA–929 (Rescission a limited exclusion order prohibiting
electronically on or before the deadlines Proceeding)]
stated above and submit 8 true paper Eko and Evermuch from importing
copies to the Office of the Secretary by Certain Beverage Brewing Capsules, certain beverage brewing capsules,
noon the next day pursuant to section Components Thereof, and Products components thereof, and products
210.4(f) of the Commission’s Rules of Containing the Same; Commission containing same that infringed claims 8
Practice and Procedure (19 CFR Determination To Institute a or 19 of the ’320 patent, and also issued
210.4(f)). Submissions should refer to Rescission Proceeding; Temporary three cease-and-desist orders against
the investigation number (‘‘Inv. No. Rescission of the Remedial Orders; Eko and the two Evermuch entities
1063’’) in a prominent place on the Termination of the Proceeding prohibiting the sale and distribution
cover page and/or the first page. (See within the United States of articles that
Handbook for Electronic Filing AGENCY: U.S. International Trade infringe claims 8 or 19. 81 FR 15742–
Procedures, https://www.usitc.gov/ Commission. 43.
secretary/documents/handbook_on_ ACTION: Notice. On April 2, 2015, Eko filed in district
filing_procedures.pdf). Persons with court for declaratory relief stating, inter
SUMMARY: Notice is hereby given that alia, that Eko does not infringe certain
questions regarding filing should
the U.S. International Trade claims of the ’320 patent and that
contact the Secretary ((202) 205–2000).
Any person desiring to submit a Commission has determined to institute certain claims of the ’320 patent are
document to the Commission in a rescission proceeding, to temporarily invalid. Eko Brands v. Adrian Rivera
confidence must request confidential rescind a March 17, 2016 limited Maynez Enterprises Inc. et al., Case No.
treatment. All such requests should be exclusion order and three cease-and- 2:15-cv-00522, Dkt. #1 (W.D. Wash.). On
directed to the Secretary to the desist orders (‘‘the remedial orders’’), June 14, 2018, the district court issued
Commission and must include a full and to terminate the rescission an order finding that claims 5, 8, 18, and
statement of the reasons why the proceeding. 19 of the ’320 patent are invalid as
Commission should grant such FOR FURTHER INFORMATION CONTACT: obvious. Id. at Dkt. #251.
treatment. See 19 CFR 201.6. Documents Robert Needham, Office of the General On June 28, 2018, Eko petitioned the
for which confidential treatment by the Counsel, U.S. International Trade Commission to rescind the March 17,
Commission is properly sought will be Commission, 500 E Street SW, 2016 remedial orders based on the
treated accordingly. All information, Washington, DC 20436, telephone (202) district court’s invalidity judgment. On
including confidential business 708–5468. Copies of non-confidential July 9, 2018, ARM filed a response that
information and documents for which documents filed in connection with this did not dispute Eko’s petition, but
confidential treatment is properly investigation are or will be available for argued that any rescission be temporary
sought, submitted to the Commission for inspection during official business pending the resolution of ARM’s appeal
purposes of this Investigation may be hours (8:45 a.m. to 5:15 p.m.) in the of the district court invalidity judgment.
disclosed to and used: (i) By the Office of the Secretary, U.S. Having considered the petition and
Commission, its employees and Offices, International Trade Commission, 500 E response, the Commission has
and contract personnel (a) for Street SW, Washington, DC 20436, determined to institute a rescission
developing or maintaining the records telephone (202) 205–2000. General proceeding, and has determined that the
of this or a related proceeding, or (b) in information concerning the Commission circumstances warrant temporarily
internal investigations, audits, reviews, may also be obtained by accessing its rescinding the remedial orders pending
amozie on DSK3GDR082PROD with NOTICES1
and evaluations relating to the internet server (https://www.usitc.gov). the appeal of the district court invalidity
programs, personnel, and operations of The public record for this investigation judgment. The rescission proceeding is
the Commission including under 5 may be viewed on the Commission’s hereby terminated.
U.S.C. appendix 3; or (ii) by U.S. electronic docket (EDIS) at https:// The authority for the Commission’s
government employees and contract edis.usitc.gov. Hearing-impaired determination is contained in section
personnel, solely for cybersecurity persons are advised that information on 337 of the Tariff Act of 1930, as
purposes (all contract personnel will this matter can be obtained by amended (19 U.S.C. 1337), and in part
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![Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Notices 38179
210 of the Commission’s Rules of DATES: Registered bulk manufacturers of implementation of 21 CFR part 1301,
Practice and Procedure (19 CFR part the affected basic classes, and incident to the registration of
210). applicants therefore, may file written manufacturers, distributors, dispensers,
By order of the Commission. comments on or objections to the importers, and exporters of controlled
Issued: July 30, 2018. issuance of the proposed registration in substances (other than final orders in
Lisa Barton,
accordance with 21 CFR 1301.33(a) on connection with suspension, denial, or
or before October 2, 2018. revocation of registration) has been
Secretary to the Commission.
[FR Doc. 2018–16611 Filed 8–2–18; 8:45 am] ADDRESSES: Written comments should redelegated to the Assistant
BILLING CODE 7020–02–P
be sent to: Drug Enforcement Administrator of the DEA Diversion
Administration, Attention: DEA Federal Control Division (‘‘Assistant
Register Representative/DRW, 8701 Administrator’’) pursuant to section 7 of
DEPARTMENT OF JUSTICE Morrissette Drive, Springfield, Virginia 28 CFR part 0, appendix to subpart R.
22152. In accordance with 21 CFR
Drug Enforcement Administration SUPPLEMENTARY INFORMATION: 1301.33(a), this is notice that on June
[Docket No. DEA–392] The Attorney General has delegated 25, 2018, AMRI Rensselaer, Inc., 33
his authority under the Controlled Riverside Avenue, Rensselaer, New
Bulk Manufacturer of Controlled Substances Act to the Administrator of York 12144 applied to be registered as
Substances Application: AMRI the Drug Enforcement Administration a bulk manufacturer of the following
Rensselaer, Inc. (DEA), 28 CFR 0.100(b). Authority to basic classes of controlled substances:
exercise all necessary functions with
ACTION: Notice of application.
respect to the promulgation and
Controlled substance Drug code Schedule
Marihuana ........................................................................................................................................................................ 7360 I
Tetrahydrocannabinols .................................................................................................................................................... 7370 I
Amphetamine ................................................................................................................................................................... 1100 II
Lisdexamfetamine ............................................................................................................................................................ 1205 II
Pentobarbital .................................................................................................................................................................... 2270 II
4-Anilino-N-phenethyl-4-piperidine (ANPP) ..................................................................................................................... 8333 II
Codeine ........................................................................................................................................................................... 9050 II
Oxycodone ....................................................................................................................................................................... 9143 II
Hydromorphone ............................................................................................................................................................... 9150 II
Hydrocodone ................................................................................................................................................................... 9193 II
Meperidine ....................................................................................................................................................................... 9230 II
Morphine .......................................................................................................................................................................... 9300 II
The company plans to manufacture States v. Honeywell International, Inc., Comments may be submitted either by
bulk controlled substances for use in Civil Action No. 2:18-cv-06556. email or by mail:
product development and for The United States filed this lawsuit
distribution to its customers. under the Comprehensive To submit Send them to:
comments:
In reference to drug codes 7360 Environmental Response,
(marihuana) and 7370 (THC), the Compensation, and Liability Act By email ....... pubcomment-ees.enrd@
company plans to bulk manufacture (CERCLA) for the recovery of costs that usdoj.gov.
these drugs as synthetics. No other the United States incurred responding By mail ......... Assistant Attorney General,
activities for these drug codes are to releases of hazardous substances at U.S. DOJ—ENRD, P.O.
authorized for this registration. Installation Restoration Program (IRP) Box 7611, Washington, DC
Dated: July 23, 2018. Site 50 at Vandenberg Air Force Base in 20044–7611.
John J. Martin,
Santa Barbara County, California. The
consent decree requires the defendant During the public comment period,
Assistant Administrator.
Honeywell International, Inc. to pay the proposed consent decree may be
[FR Doc. 2018–16635 Filed 8–2–18; 8:45 am]
$250,000 to the United States. In return, examined and downloaded at this
BILLING CODE 4410–09–P the United States agrees not to sue the Justice Department website: https://
defendant under sections 106 and 107 of www.justice.gov/enrd/consent-decrees.
CERCLA at IRP Site 50 at Vandenberg
DEPARTMENT OF JUSTICE We will provide a paper copy of the
Air Force Base.
proposed consent decree upon written
Notice of Lodging of Proposed The publication of this notice opens request and payment of reproduction
Consent Decree Under the a period for public comment on the costs. Please mail your request and
Comprehensive Environmental proposed consent decree. Comments payment to: Consent Decree Library,
Response, Compensation and Liability should be addressed to the Assistant
amozie on DSK3GDR082PROD with NOTICES1
U.S. DOJ—ENRD, P.O. Box 7611,
Act Attorney General, Environment and
Washington, DC 20044–7611.
Natural Resources Division, and should
On July 30, 2018, the Department of refer to United States v. Honeywell Please enclose a check or money order
Justice lodged a proposed consent International, Inc., D.J. Ref. No. 90–11– for $5.25 (25 cents per page
decree with the United States District 3–10477/5. All comments must be
Court for the Central District of submitted no later than thirty (30) days
California in the lawsuit entitled United after the publication date of this notice.
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Document Created: 2018-11-06 10:35:29
Document Modified: 2018-11-06 10:35:29
| 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 | 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. | |
| FR Citation | 83 FR 38178 |
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