83 FR 50121 - Certain Sleep-Disordered Breathing Treatment Mask 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 August 31, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of ResMed Corp. of San Diego, California; ResMed Inc. of San Diego, California; and ResMed Ltd. of Australia. A supplement was filed on September 4, 2018. 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 sleep-disordered breathing treatment mask systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,119,931 (``the '931 patent''); U.S. Patent No. 9,027,556 (``the '556 patent''); U.S. Patent No. 9,962,511 (``the '511 patent''); U.S. Patent No. 9,962,510 (``the '510 patent''); U.S. Patent No. 9,937,315 (``the '315 patent''). The complaint further alleges that an industry in the United States exists, or is in the process of being established, as required by the applicable Federal Statute. The complainants request 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 50121-50122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21634]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1134]


Certain Sleep-Disordered Breathing Treatment Mask 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 August 31, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of ResMed Corp. of 
San Diego, California; ResMed Inc. of San Diego, California; and ResMed 
Ltd. of Australia. A supplement was filed on September 4, 2018. 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 sleep-disordered 
breathing treatment mask systems and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 9,119,931 (``the '931 
patent''); U.S. Patent No. 9,027,556 (``the '556 patent''); U.S. Patent 
No. 9,962,511 (``the '511 patent''); U.S. Patent No. 9,962,510 (``the 
'510 patent''); U.S. Patent No. 9,937,315 (``the '315 patent''). The 
complaint further alleges that an industry in the United States exists, 
or is in the process of being established, as required by the 
applicable Federal Statute.
    The complainants request 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, The Office of the 
Secretary, 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 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 1, 5, 8, 26, and 31 of the '931 patent; claims 1, 10, 19, 36, 
46, and 52 of the '556 patent; claims 1, 2, 14, 22, and 24 of the '511 
patent; claims 5, 10, 28, and 30 of the '510 patent; and claims 1, 2, 
30, and 33 of the '315 patent; and whether an industry in the United 
States exists, or is in the process of being established, 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 ``full-face and nasal 
mask systems for treatment of obstructive sleep apnea that are 
currently manufactured in Mexico and/or New Zealand and currently sold 
under the trade names `Simplus,' `Eson,' and `Eson 2' that include the 
unitary combination of a cushion module, a shroud module, and an elbow 
among other things'';
    (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 complainants are: ResMed Corp., 9001 Spectrum Center Drive, 
San Diego, CA 92123.
    ResMed Inc., 9001 Spectrum Center Drive, San Diego, CA 92123.
    ResMed Ltd., 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, 
Australia.
    (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:
    Fisher & Paykel Healthcare Limited, 15 Maurice Paykel Place, East 
Tamaki, Auckland 2013, PO Box 14348, Panmure, Auckland 1741, New 
Zealand.
    Fisher & Paykel Healthcare, Inc., 173 Technology Drive, Suite 100, 
Irvine, CA 92618.
    Fisher & Paykel Healthcare Distribution Inc., 173 Technology Drive, 
Suite, Irvine, CA 92618.
    (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 to 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 50122]]


    Issued: October 1, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-21634 Filed 10-3-18; 8:45 am]
 BILLING CODE 7020-02-P