83 FR 50120 - Certain Strength-Training Systems and Components Thereof Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 193 (October 4, 2018)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 4, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Hoist Fitness Systems, Inc. of Poway, California. A supplement to the Complaint was filed on September 14, 2018. The complaint, as supplemented, 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 strength-training systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,549,949 (``the '949 patent''); U.S. Patent No. 7,563,209 (``the '209 patent''); U.S. Patent No. 7,594,880 (``the '880 patent''); U.S. Patent No. 7,654,938 (``the '938 patent''); and U.S. Patent No. 7,976,440 (``the '440 patent''). The complaint, as supplemented, 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, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50120-50121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21631]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1135]


Certain Strength-Training Systems and Components Thereof 
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 September 4, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Hoist Fitness 
Systems, Inc. of Poway, California. A supplement to the Complaint was 
filed on September 14, 2018. The complaint, as supplemented, 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 strength-training systems and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
7,549,949 (``the '949 patent''); U.S. Patent No. 7,563,209 (``the '209 
patent''); U.S. Patent No. 7,594,880 (``the '880 patent''); U.S. Patent 
No. 7,654,938 (``the '938 patent''); and U.S. Patent No. 7,976,440 
(``the '440 patent''). The complaint, as supplemented, 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: Katherine Hiner, Office of the 
Secretary, Docket Services Division, 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 September 28, 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 products 
identified in paragraph (2) by reason of infringement of one or more of 
claims 2, 8, and 23 of the '949 patent; claims 6 and 21 of the '209 
patent; claim 22 of the '880 patent; claims 1, 12, and 13 of the '938 
patent; and claims 5, 12, 13, and 20 of the '440 patent; and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337;
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is ``machines with a 
dynamic user support used to perform chest press, fly or butterfly, 
abdominal, shoulder press, triceps dip, triceps extension, rowing, lat 
pulldown, bicep curl, seated dip, chin up, lateral raise, inner and 
outer thigh, low back, glute, leg extension, leg curl, and/or leg press 
exercises'';
    (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: Hoist Fitness Systems, Inc., 11900 
Community Road, Poway, CA 92064.
    (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:
    TuffStuff Fitness International, Inc., 13971 Norton Avenue, Chino, 
CA 91710.
    Shandong Relax Health Industry Co., Lt, No. 6 Tainshan 2 Road, Jimo 
City, Qingdao, Shandong Province, 266000, China.
    (4) 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 in this investigation.
    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.


[[Page 50121]]


    Issued: October 1, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-21631 Filed 10-3-18; 8:45 am]
 BILLING CODE 7020-02-P