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)

Page Range		50120-50121
FR Document		2018-21631

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 Issue 193 (Thursday, October 4, 2018)

[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

50120 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices

written permit or contract from BLM to 5:15 p.m.) in the Office of the inner and outer thigh, low back, glute,
signed by the authorized officer. Secretary, U.S. International Trade leg extension, leg curl, and/or leg press
Enforcement: Any person who Commission, 500 E Street SW, Room exercises’’;
violates this temporary closure may be 112, Washington, DC 20436, telephone (3) For the purpose of the
tried before a United States Magistrate (202) 205–2000. Hearing impaired investigation so instituted, the following
and fined in accordance with 18 U.S.C. individuals are advised that information are hereby named as parties upon which
3571, imprisoned no more than 12 on this matter can be obtained by this notice of investigation shall be
months under 43 U.S.C. 1733(a) and 43 contacting the Commission’s TDD served:
CFR 8360.0–7, or both. In accordance terminal on (202) 205–1810. Persons
with 43 CFR 8365.1–7, State or local with mobility impairments who will (a) The complainant is: Hoist Fitness
officials may also impose penalties for need special assistance in gaining access Systems, Inc., 11900 Community Road,
violations of Nevada law. to the Commission should contact the Poway, CA 92064.
(Authority: 43 CFR 8360.0–7 and Office of the Secretary at (202) 205– (b) The respondents are the following
8364.1) 2000. General information concerning entities alleged to be in violation of
the Commission may also be obtained section 337, and are the parties upon
Gayle Marrs-Smith, by accessing its internet server at which the complaint is to be served:
Field Manager—Las Vegas Field Office. https://www.usitc.gov. The public
TuffStuff Fitness International, Inc.,
[FR Doc. 2018–21650 Filed 10–3–18; 8:45 am] record for this investigation may be
13971 Norton Avenue, Chino, CA
BILLING CODE 4310–HC–P viewed on the Commission’s electronic
91710.
docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Shandong Relax Health Industry Co.,
INTERNATIONAL TRADE Katherine Hiner, Office of the Secretary, Lt, No. 6 Tainshan 2 Road, Jimo City,
COMMISSION Docket Services Division, U.S. Qingdao, Shandong Province, 266000,
International Trade Commission, China.
[Investigation No. 337–TA–1135]
telephone (202) 205–1802. (4) For the investigation so instituted,
Certain Strength-Training Systems and SUPPLEMENTARY INFORMATION: the Chief Administrative Law Judge,
Components Thereof Institution of Authority: The authority for U.S. International Trade Commission,
Investigation institution of this investigation is shall designate the presiding
contained in section 337 of the Tariff Administrative Law Judge.
AGENCY: U.S. International Trade Act of 1930, as amended, 19 U.S.C.
Commission The Office of Unfair Import
1337, and in section 210.10 of the Investigations will not be named as a
ACTION: Notice. Commission’s Rules of Practice and party in this investigation.
Procedure, 19 CFR 210.10 (2018).
SUMMARY: Notice is hereby given that a Scope of Investigation: Having Responses to the complaint and the
complaint was filed with the U.S. considered the complaint, the U.S. notice of investigation must be
International Trade Commission on International Trade Commission, on submitted by the named respondents in
September 4, 2018, under section 337 of September 28, 2018, Ordered that— accordance with section 210.13 of the
the Tariff Act of 1930, as amended, on (1) Pursuant to subsection (b) of Commission’s Rules of Practice and
behalf of Hoist Fitness Systems, Inc. of section 337 of the Tariff Act of 1930, as Procedure, 19 CFR 210.13. Pursuant to
Poway, California. A supplement to the amended, an investigation be instituted 19 CFR 201.16(e) and 210.13(a), such
Complaint was filed on September 14, to determine whether there is a responses will be considered by the
2018. The complaint, as supplemented, violation of subsection (a)(1)(B) of Commission if received not later than 20
alleges violations of section 337 based section 337 in the importation into the days after the date of service by the
upon the importation into the United United States, the sale for importation, Commission of the complaint and the
States, the sale for importation, and the or the sale within the United States after notice of investigation. Extensions of
sale within the United States after importation of certain products time for submitting responses to the
importation of certain strength-training identified in paragraph (2) by reason of complaint and the notice of
systems and components thereof by infringement of one or more of claims 2, investigation will not be granted unless
reason of infringement of certain claims 8, and 23 of the ’949 patent; claims 6 good cause therefor is shown.
of U.S. Patent No. 7,549,949 (‘‘the ’949 and 21 of the ’209 patent; claim 22 of
patent’’); U.S. Patent No. 7,563,209 (‘‘the Failure of a respondent to file a timely
the ’880 patent; claims 1, 12, and 13 of response to each allegation in the
’209 patent’’); U.S. Patent No. 7,594,880 the ’938 patent; and claims 5, 12, 13,
(‘‘the ’880 patent’’); U.S. Patent No. complaint and in this notice may be
and 20 of the ’440 patent; and whether deemed to constitute a waiver of the
7,654,938 (‘‘the ’938 patent’’); and U.S. an industry in the United States exists
Patent No. 7,976,440 (‘‘the ’440 patent’’). right to appear and contest the
as required by subsection (a)(2) of
The complaint, as supplemented, allegations of the complaint and this
section 337;
further alleges that an industry in the notice, and to authorize the
(2) Pursuant to section 210.10(b)(1) of
United States exists as required by the administrative law judge and the
the Commission’s Rules of Practice and
applicable Federal Statute. Commission, without further notice to
Procedure, 19 CFR 210.10(b)(1), the
The complainant requests that the the respondent, to find the facts to be as
plain language description of the
Commission institute an investigation alleged in the complaint and this notice
accused products or category of accused
daltland on DSKBBV9HB2PROD with NOTICES

and, after the investigation, issue a products, which defines the scope of the and to enter an initial determination
limited exclusion order and cease and investigation, is ‘‘machines with a and a final determination containing
desist orders. dynamic user support used to perform such findings, and may result in the
ADDRESSES: The complaint, except for chest press, fly or butterfly, abdominal, issuance of an exclusion order or a cease
any confidential information contained shoulder press, triceps dip, triceps and desist order or both directed against
therein, is available for inspection extension, rowing, lat pulldown, bicep the respondent.
during official business hours (8:45 a.m. curl, seated dip, chin up, lateral raise, By order of the Commission.

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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices 50121

Issued: October 1, 2018. need special assistance in gaining access this notice of investigation shall be
Lisa Barton, to the Commission should contact the served:
Secretary to the Commission. Office of the Secretary at (202) 205– (a) The complainants are: ResMed
[FR Doc. 2018–21631 Filed 10–3–18; 8:45 am] 2000. General information concerning Corp., 9001 Spectrum Center Drive, San
BILLING CODE 7020–02–P
the Commission may also be obtained Diego, CA 92123.
by accessing its internet server at
ResMed Inc., 9001 Spectrum Center
https://www.usitc.gov. The public
Drive, San Diego, CA 92123.
INTERNATIONAL TRADE record for this investigation may be
COMMISSION viewed on the Commission’s electronic ResMed Ltd., 1 Elizabeth Macarthur
docket (EDIS) at https://edis.usitc.gov. Drive, Bella Vista NSW 2153, Australia.
[Investigation No. 337–TA–1134]
FOR FURTHER INFORMATION CONTACT: (b) The respondents are the following
Certain Sleep-Disordered Breathing Katherine Hiner, The Office of the entities alleged to be in violation of
Treatment Mask Systems and Secretary, Docket Services, U.S. section 337, and are the parties upon
Components Thereof; Institution of International Trade Commission, which the complaint is to be served:
Investigation telephone (202) 205–1802. Fisher & Paykel Healthcare Limited,
SUPPLEMENTARY INFORMATION: 15 Maurice Paykel Place, East Tamaki,
AGENCY: U.S. International Trade Auckland 2013, PO Box 14348,
Commission. Authority: The authority for
institution of this investigation is Panmure, Auckland 1741, New Zealand.
ACTION: Notice. Fisher & Paykel Healthcare, Inc., 173
contained in section 337 of the Tariff
SUMMARY: Notice is hereby given that a Act of 1930, as amended, 19 U.S.C. Technology Drive, Suite 100, Irvine, CA
complaint was filed with the U.S. 1337, and in section 210.10 of the 92618.
International Trade Commission on Commission’s Rules of Practice and Fisher & Paykel Healthcare
August 31, 2018, under section 337 of Procedure, 19 CFR 210.10 (2018). Distribution Inc., 173 Technology Drive,
the Tariff Act of 1930, as amended, on Scope of Investigation: Having Suite, Irvine, CA 92618.
behalf of ResMed Corp. of San Diego, considered the complaint, the U.S. (4) For the investigation so instituted,
California; ResMed Inc. of San Diego, International Trade Commission, on the Chief Administrative Law Judge,
California; and ResMed Ltd. of September 28, 2018, Ordered That— U.S. International Trade Commission,
Australia. A supplement was filed on (1) Pursuant to subsection (b) of shall designate the presiding
September 4, 2018. The complaint section 337 of the Tariff Act of 1930, as Administrative Law Judge.
alleges violations of section 337 based amended, an investigation be instituted The Office of Unfair Import
upon the importation into the United to determine whether there is a Investigations will not be named as a
States, the sale for importation, and the violation of subsection (a)(1)(B) of party to this investigation.
sale within the United States after section 337 in the importation into the
importation of certain sleep-disordered United States, the sale for importation, Responses to the complaint and the
breathing treatment mask systems and or the sale within the United States after notice of investigation must be
components thereof by reason of importation of certain products submitted by the named respondents in
infringement of certain claims of U.S. identified in paragraph (2) by reason of accordance with section 210.13 of the
Patent No. 9,119,931 (‘‘the ’931 patent’’); infringement of one or more of claims 1, Commission’s Rules of Practice and
U.S. Patent No. 9,027,556 (‘‘the ’556 5, 8, 26, and 31 of the ’931 patent; Procedure, 19 CFR 210.13. Pursuant to
patent’’); U.S. Patent No. 9,962,511 (‘‘the claims 1, 10, 19, 36, 46, and 52 of the 19 CFR 201.16(e) and 210.13(a), such
’511 patent’’); U.S. Patent No. 9,962,510 ’556 patent; claims 1, 2, 14, 22, and 24 responses will be considered by the
(‘‘the ’510 patent’’); U.S. Patent No. of the ’511 patent; claims 5, 10, 28, and Commission if received not later than 20
9,937,315 (‘‘the ’315 patent’’). The 30 of the ’510 patent; and claims 1, 2, days after the date of service by the
complaint further alleges that an 30, and 33 of the ’315 patent; and Commission of the complaint and the
industry in the United States exists, or whether an industry in the United notice of investigation. Extensions of
is in the process of being established, as States exists, or is in the process of time for submitting responses to the
required by the applicable Federal being established, as required by complaint and the notice of
Statute. subsection (a)(2) of section 337; investigation will not be granted unless
The complainants request that the good cause therefor is shown.
(2) Pursuant to section 210.10(b)(1) of
Commission institute an investigation the Commission’s Rules of Practice and Failure of a respondent to file a timely
and, after the investigation, issue a Procedure, 19 CFR 210.10(b)(1), the response to each allegation in the
limited exclusion order and cease and plain language description of the complaint and in this notice may be
desist orders. accused products or category of accused deemed to constitute a waiver of the
ADDRESSES: The complaint, except for products, which defines the scope of the right to appear and contest the
any confidential information contained investigation, is ‘‘full-face and nasal allegations of the complaint and this
therein, is available for inspection mask systems for treatment of notice, and to authorize the
during official business hours (8:45 a.m. obstructive sleep apnea that are administrative law judge and the
to 5:15 p.m.) in the Office of the currently manufactured in Mexico and/ Commission, without further notice to
Secretary, U.S. International Trade or New Zealand and currently sold the respondent, to find the facts to be as
Commission, 500 E Street SW, Room under the trade names ‘Simplus,’ ‘Eson,’ alleged in the complaint and this notice
daltland on DSKBBV9HB2PROD with NOTICES

112, Washington, DC 20436, telephone and ‘Eson 2’ that include the unitary and to enter an initial determination
(202) 205–2000. Hearing impaired combination of a cushion module, a and a final determination containing
individuals are advised that information shroud module, and an elbow among such findings, and may result in the
on this matter can be obtained by other things’’; issuance of an exclusion order or a cease
contacting the Commission’s TDD (3) For the purpose of the and desist order or both directed against
terminal on (202) 205–1810. Persons investigation so instituted, the following the respondent.
with mobility impairments who will are hereby named as parties upon which By order of the Commission.

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Document Created: 2018-10-04 02:02:50
Document Modified: 2018-10-04 02:02:50

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		Katherine Hiner, Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802.
FR Citation		83 FR 50120