83 FR 51705 - Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 198 (October 12, 2018)
Federal Register Volume 83, Issue 198 (October 12, 2018)
| Page Range | 51705-51706 | |
| FR Document | 2018-22226 |
[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)] [Notices] [Pages 51705-51706] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22226] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-1136] Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337 AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 10, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Fisher & Paykel Healthcare Limited of New Zealand. Supplements were filed on September 17, 2018, September 18, 2018, and September 26, 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 obstructive sleep apnea treatment mask systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,333,315 (``the '315 patent''); U.S. Patent No. 9,517,317 (``the '317 patent''); U.S. Patent No. 9,539,405 (``the '405 patent''); U.S. Patent No. 9,907,925 (``the '925 patent''); and U.S. Patent No. 9,974,914 (``the '914 patent''). The [[Page 51706]] 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 complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. 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 Division, U.S. International Trade Commission, telephone (202) 205-2560. 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, as supplemented, the U.S. International Trade Commission, on October 5, 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 1-4, 6-9, 11-15, and 17-19 of the '315 patent; claims 1-20 of the '317 patent; claims 1-20 of the '405 patent; claims 4-20 of the '925 patent; and claims 1-3, 5-8, 11-20, 22, and 25-27 of the '914 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 ``nasal pillow masks for Continuous Positive Airway Pressure (CPAP) treatment of obstructive sleep apnea''; (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: Fisher & Paykel Healthcare Limited, 15 Maurice Paykel Place, East Tamaki, Auckland 2013, P.O. Box 14 348, Panmure, Auckland 1741, New Zealand. (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: ResMed Corp., 9001 Spectrum Center Drive, San Diego, CA 92123. ResMed Inc., 9001 Spectrum Center Drive, San Diego, CA 92123. ResMed Limited, 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, Australia. (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. Issued: October 5, 2018. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2018-22226 Filed 10-11-18; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 51705
2017) and Certain Electric Skin Care parties are encouraged to file written of this or a related proceeding, or (b) in
Devices, Brushes and Chargers Therefor, submissions on the issues of remedy, internal investigations, audits, reviews,
and Kits Containing the Same, Inv. No. the public interest, and bonding. Such and evaluations relating to the
337–TA–959, Comm’n Op. (Feb. 13, submissions should address the programs, personnel, and operations of
2017). Specifically, if Complainants recommended determination by the ALJ the Commission including under 5
seek a cease and desist order against a on remedy and bonding. U.S.C. Appendix 3; or (ii) by U.S.
defaulting respondent, the written Complainants and OUII are also government employees and contract
submissions should respond to the requested to submit proposed remedial personnel, 1 solely for cybersecurity
following requests: orders for the Commission’s purposes. All non-confidential written
1. Please identify with citations to the consideration. Complainants are also submissions will be available for public
record any information regarding requested to state the date that the inspection at the Office of the Secretary
commercially significant inventory in asserted patent expires, the HTSUS and on EDIS.
the United States as to each respondent numbers under which the accused The authority for the Commission’s
against whom a cease and desist order products are imported, and to supply determination is contained in section
is sought. If Complainants also rely on the identification information for all 337 of the Tariff Act of 1930, as
other significant domestic operations known importers of the products at amended, 19 U.S.C. 1337, and in part
that could undercut the remedy issue in this investigation. The written 210 of the Commission’s Rules of
provided by an exclusion order, please submissions and proposed remedial Practice and Procedure, 19 CFR part
identify with citations to the record orders must be filed no later than close 210.
such information as to each respondent of business on October 22, 2018. Reply
By order of the Commission.
against whom a cease and desist order submissions must be filed no later than
is sought. the close of business on October 29, Issued: October 5, 2018.
2. In relation to the infringing 2018. No further submissions on these Lisa Barton,
products, please identify any issues will be permitted unless Secretary to the Commission.
information in the record, including otherwise ordered by the Commission. [FR Doc. 2018–22189 Filed 10–11–18; 8:45 am]
allegations in the pleadings, that Persons filing written submissions BILLING CODE 7020–02–P
addresses the existence of any domestic must file the original document
inventory, any domestic operations, or electronically on or before the deadlines
any sales-related activity directed at the stated above and submit eight true paper INTERNATIONAL TRADE
United States for each respondent copies to the Office of the Secretary by COMMISSION
against whom a cease and desist order noon the next day pursuant to section
[Inv. No. 337–TA–1136]
is sought. 210.4(f) of the Commission’s Rules of
If the Commission contemplates some Practice and Procedure (19 CFR Certain Obstructive Sleep Apnea
form of remedy, it must consider the 210.4(f)). Submissions should refer to Treatment Mask Systems and
effects of that remedy upon the public the investigation number (Inv. No. 337– Components Thereof; Institution of
interest. The factors the Commission TA–1092) in a prominent place on the Investigation Pursuant to 19 U.S.C.
will consider include the effect that an cover page and/or the first page. (See 1337
exclusion order and/or cease and desist Handbook for Electronic Filing
orders would have on (1) the public Procedures, https://www.usitc.gov/ AGENCY: U.S. International Trade
health and welfare, (2) competitive secretary/documents/handbook_on_ Commission.
conditions in the U.S. economy, (3) U.S. filing_procedures.pdf). Persons with ACTION: Notice.
production of articles that are like or questions regarding filing should
directly competitive with those that are contact the Secretary at (202) 205–2000. SUMMARY: Notice is hereby given that a
subject to investigation, and (4) U.S. Any person desiring to submit a complaint was filed with the U.S.
consumers. The Commission is document to the Commission in International Trade Commission on
therefore interested in receiving written confidence must request confidential September 10, 2018, under section 337
submissions that address the treatment unless the information has of the Tariff Act of 1930, as amended,
aforementioned public interest factors already been granted such treatment on behalf of Fisher & Paykel Healthcare
in the context of this investigation. during the proceedings. All such Limited of New Zealand. Supplements
If the Commission orders some form requests should be directed to the were filed on September 17, 2018,
of remedy, the U.S. Trade Secretary to the Commission and must September 18, 2018, and September 26,
Representative, as delegated by the include a full statement of the reasons 2018. The complaint alleges violations
President, has 60 days to approve or why the Commission should grant such of section 337 based upon the
disapprove the Commission’s action. treatment. See 19 CFR 201.6. Documents importation into the United States, the
See Presidential Memorandum of July for which confidential treatment by the sale for importation, and the sale within
21, 2005, 70 FR 43251 (July 26, 2005). Commission is properly sought will be the United States after importation of
During this period, the subject articles treated accordingly. A redacted non- certain obstructive sleep apnea
would be entitled to enter the United confidential version of the document treatment mask systems and
States under bond, in an amount must also be filed simultaneously with components thereof by reason of
determined by the Commission and any confidential filing. All information, infringement of certain claims of U.S.
prescribed by the Secretary of the including confidential business Patent No. 9,333,315 (‘‘the ’315 patent’’);
information and documents for which
khammond on DSK30JT082PROD with NOTICES
Treasury. The Commission is therefore U.S. Patent No. 9,517,317 (‘‘the ’317
interested in receiving submissions confidential treatment is properly patent’’); U.S. Patent No. 9,539,405 (‘‘the
concerning the amount of the bond that sought, submitted to the Commission for ’405 patent’’); U.S. Patent No. 9,907,925
should be imposed if a remedy is purposes of this investigation may be (‘‘the ’925 patent’’); and U.S. Patent No.
ordered. disclosed to and used: (i) By the 9,974,914 (‘‘the ’914 patent’’). The
Written Submissions: Parties to the Commission, its employees and Offices,
investigation, interested government and contract personnel (a) for 1 All contract personnel will sign appropriate
agencies, and any other interested developing or maintaining the records nondisclosure agreements.
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![51706 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices
complaint further alleges that an patent; and whether an industry in the alleged in the complaint and this notice
industry in the United States exists or United States exists or is in the process and to enter an initial determination
is in the process of being established as of being established as required by and a final determination containing
required by the applicable Federal subsection (a)(2) of section 337; such findings, and may result in the
Statute. (2) Pursuant to section 210.10(b)(1) of issuance of an exclusion order or a cease
The complainant requests that the the Commission’s Rules of Practice and and desist order or both directed against
Commission institute an investigation Procedure, 19 CFR 210.10(b)(1), the the respondent.
and, after the investigation, issue a plain language description of the By order of the Commission.
limited exclusion order and a cease and accused products or category of accused Issued: October 5, 2018.
desist order. products, which defines the scope of the
William Bishop,
ADDRESSES: The complaint, except for investigation, is ‘‘nasal pillow masks for
Supervisory Hearings and Information
any confidential information contained Continuous Positive Airway Pressure Officer.
therein, is available for inspection (CPAP) treatment of obstructive sleep
[FR Doc. 2018–22226 Filed 10–11–18; 8:45 am]
during official business hours (8:45 a.m. apnea’’;
BILLING CODE 7020–02–P
to 5:15 p.m.) in the Office of the (3) For the purpose of the
Secretary, U.S. International Trade investigation so instituted, the following
Commission, 500 E Street SW, Room are hereby named as parties upon which
this notice of investigation shall be DEPARTMENT OF JUSTICE
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired served:
(a) The complainant is: Fisher & Antitrust Division
individuals are advised that information
on this matter can be obtained by Paykel Healthcare Limited, 15 Maurice Notice Pursuant to the National
contacting the Commission’s TDD Paykel Place, East Tamaki, Auckland Cooperative Research and Production
terminal on (202) 205–1810. Persons 2013, P.O. Box 14 348, Panmure, Act of 1993—IMS Global Learning
with mobility impairments who will Auckland 1741, New Zealand. Consortium, Inc.
need special assistance in gaining access (b) The respondents are the following
to the Commission should contact the entities alleged to be in violation of Notice is hereby given that, on
Office of the Secretary at (202) 205– section 337, and are the parties upon October 1, 2018, pursuant to Section
2000. General information concerning which the complaint is to be served: 6(a) of the National Cooperative
ResMed Corp., 9001 Spectrum Center Research and Production Act of 1993,
the Commission may also be obtained
Drive, San Diego, CA 92123. 15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS
by accessing its internet server at
ResMed Inc., 9001 Spectrum Center Global Learning Consortium, Inc. (‘‘IMS
https://www.usitc.gov. The public
Drive, San Diego, CA 92123. Global’’) has filed written notifications
record for this investigation may be ResMed Limited, 1 Elizabeth simultaneously with the Attorney
viewed on the Commission’s electronic Macarthur Drive, Bella Vista NSW 2153, General and the Federal Trade
docket (EDIS) at https://edis.usitc.gov. Australia. Commission disclosing changes in its
FOR FURTHER INFORMATION CONTACT: (4) For the investigation so instituted, membership. The notifications were
Katherine Hiner, The Office of the the Chief Administrative Law Judge, filed for the purpose of extending the
Secretary, Docket Services Division, U.S. International Trade Commission, Act’s provisions limiting the recovery of
U.S. International Trade Commission, shall designate the presiding antitrust plaintiffs to actual damages
telephone (202) 205–2560. Administrative Law Judge. under specified circumstances.
SUPPLEMENTARY INFORMATION: The Office of Unfair Import Specifically, AEFIS, Philadelphia, PA;
Authority: The authority for Investigations will not be named as a Drieam, Eindhoven, NETHERLANDS;
institution of this investigation is party in this investigation. Learning Experiences, Holt, MI; Smart
contained in section 337 of the Tariff Responses to the complaint and the Sparrow, San Francisco, CA; and Willo
Act of 1930, as amended, 19 U.S.C. notice of investigation must be Labs, Whitetown, IN, have been added
1337, and in section 210.10 of the submitted by the named respondents in as parties to this venture.
Commission’s Rules of Practice and accordance with section 210.13 of the Also, American Printing House for the
Procedure, 19 CFR 210.10 (2018). Commission’s Rules of Practice and Blind, Louisville, KY; Galena Park
Scope of Investigation: Having Procedure, 19 CFR 210.13. Pursuant to Independent School District, Houston,
considered the complaint, as 19 CFR 201.16(e) and 210.13(a), such TX; Tennessee Board of Regents,
supplemented, the U.S. International responses will be considered by the Nashville, TN; SMART Technologies,
Trade Commission, on October 5, 2018, Commission if received not later than 20 Calgary, CANADA; Central
ordered that— days after the date of service by the Massachusetts Collaborative, Worcester,
(1) Pursuant to subsection (b) of Commission of the complaint and the MA; and Accreditrust, Warren, NJ, have
section 337 of the Tariff Act of 1930, as notice of investigation. Extensions of withdrawn as parties to this venture.
amended, an investigation be instituted time for submitting responses to the In addition, Uninett AS has changed
to determine whether there is a complaint and the notice of its name to Unit—The Norwegian
violation of subsection (a)(1)(B) of investigation will not be granted unless Directorate for ICT and Joint Services in
section 337 in the importation into the good cause therefor is shown. Higher Education and Research,
United States, the sale for importation, Failure of a respondent to file a timely Trondheim, NORWAY; and Chalk &
or the sale within the United States after response to each allegation in the Wire Learning Assessment Inc. has
importation of certain products complaint and in this notice may be
khammond on DSK30JT082PROD with NOTICES
changed its name to Campus Labs,
identified in paragraph (2) by reason of deemed to constitute a waiver of the Buffalo, NY.
infringement of one or more of claims right to appear and contest the No other changes have been made in
1–4, 6–9, 11–15, and 17–19 of the ’315 allegations of the complaint and this either the membership or planned
patent; claims 1–20 of the ’317 patent; notice, and to authorize the activity of the group research project.
claims 1–20 of the ’405 patent; claims administrative law judge and the Membership in this group research
4–20 of the ’925 patent; and claims 1– Commission, without further notice to project remains open, and IMS Global
3, 5–8, 11–20, 22, and 25–27 of the ’914 the respondent, to find the facts to be as intends to file additional written
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Document Created: 2018-10-13 10:08:33
Document Modified: 2018-10-13 10:08:33
| 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, The Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-2560. | |
| FR Citation | 83 FR 51705 |
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