83 FR 58594 - Consolidated Modification and Enforcement Proceeding; Certain Magnetic Data Storage Tapes and Cartridges Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Modification Portion of the Consolidated Proceeding
INTERNATIONAL TRADE COMMISSION Federal Register Volume 83, Issue 224 (November 20, 2018)
Federal Register Volume 83, Issue 224 (November 20, 2018)
| Page Range | 58594-58595 | |
| FR Document | 2018-25254 |
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)] [Notices] [Pages 58594-58595] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25254] ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1012] Consolidated Modification and Enforcement Proceeding; Certain Magnetic Data Storage Tapes and Cartridges Containing the Same; Commission Determination Not To Review an Initial Determination Terminating the Modification Portion of the Consolidated Proceeding AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 49) issued by the presiding administrative law judge (``ALJ'') granting a motion of respondents Sony Corporation of Tokyo, Japan, Sony Corporation of America of New York, New York, and Sony Electronics Inc. of San Diego, California (collectively, ``the Sony respondents'') to terminate the modification portion of the consolidated enforcement and modification proceeding. The modification portion of the consolidated proceeding is terminated. [[Page 58595]] FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2301. 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 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. 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 July 1, 2016, based on a complaint filed by Fujifilm Corporation of Tokyo, Japan, and Fujifilm Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively, ``Fujifilm''). 81 FR 43243-44 (July 1, 2016). Pertinent to this action, the complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in the sale for importation, importation, and sale within the United States after importation of certain magnetic data storage tapes and cartridges containing the same by reason of infringement of, inter alia, claims 1, 4-9, 11 and 14 of U.S. Patent No. 6,641,891 (``the '891 patent''). The Commission's Notice of Investigation named the Sony respondents as respondents. The Office of Unfair Import Investigations (``OUII'') was also named as a party to the investigation. On March 8, 2018, the Commission found a section 337 violation as to the '891 patent and issued a limited exclusion order (``LEO'') and cease and desist orders (``CDOs'') to each of the Sony respondents. 83 FR 11245-47 (March 14, 2018). The LEO generally prohibits the Sony respondents from importing certain magnetic data storage tapes and cartridges containing the same that infringe the '891 patent, with certain exceptions related to service and repair and verification testing. The CDOs prohibit the Sony respondents from importing, selling, marketing, advertising, distributing, transferring (except for exportation) certain magnetic data storage tapes and cartridges containing the same that infringe the '891 patent, and soliciting United States agents or distributors for these activities. On June 13, 2018, the Commission instituted a formal enforcement proceeding, pursuant to Commission Rule 210.75(a) (19 CFR 210.75(a)), to determine whether a violation of the March 8, 2018 CDOs issued in the original investigation has occurred and to determine what, if any, enforcement measures are appropriate. 83 FR 27626-27 (June 13, 2018). The named respondents are Sony and Sony Storage Media Solutions Corporation of Tokyo, Japan; Sony Storage Media Manufacturing Corporation of Miyagi, Japan; Sony DADC US Inc. of Terre Haute, Indiana; and Sony Latin America Inc. of Miami, Florida. OUII was also named as a party. On August 23, 2018, the Commission instituted a modification proceeding, pursuant to Commission Rule 210.76(b) (19 CFR 210.76(b)), to determine whether the LEO and CDOs issued in the underlying investigation should be modified to exclude certain of Sony's redesigned tape products. 83 FR 42690 (Aug. 23, 2018). The Commission consolidated the modification and on-going enforcement proceedings and delegated the consolidated proceeding to the ALJ. On October 10, Sony filed a motion to terminate the modification portion of the consolidated proceeding based on withdrawal of its request for a determination that its redesigned products do not infringe the '891 patent. The motion indicated that Fujifilm does not oppose the requested termination. On October 11, 2018, OUII filed a response supporting the motion. On October 19, 2018, the ALJ issued the subject ID granting Sony's motion pursuant to Commission Rule 210.21(a)(1) (19 CFR 210.21(a)(1)). The ID finds that Sony's motion complies with the Commission's rules and that there are no extraordinary circumstances that might justify denying the motion. No party petitioned for review of the ID. The Commission has determined not to review the subject ID. 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 210 of the Commission's Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: November 14, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018-25254 Filed 11-19-18; 8:45 am] BILLING CODE 7020-02-P
![58594 Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices
on review, which are adequately agencies, and any other interested developing or maintaining the records
presented in the parties’ existing filings. parties are encouraged to file written of this or a related proceeding, or (b) in
In connection with the final submissions on the issues of remedy, internal investigations, audits, reviews,
disposition of this investigation, the the public interest, and bonding. Such and evaluations relating to the
Commission may (1) issue an order that submissions should address the programs, personnel, and operations of
could result in the exclusion of the recommended determination by the ALJ the Commission including under 5
subject articles from entry into the on remedy and bonding. Complainant is U.S.C. Appendix 3; or (ii) by U.S.
United States, and/or (2) issue one or also requested to submit proposed government employees and contract
more cease and desist orders that could remedial orders for the Commission’s personnel 1, solely for cybersecurity
result in the respondent(s) being consideration. Complainant is further purposes. All nonconfidential written
required to cease and desist from requested to state the dates that the submissions will be available for public
engaging in unfair acts in the patents expire, the HTSUS numbers inspection at the Office of the Secretary
importation and sale of such articles. under which the accused products are and on EDIS.
Accordingly, the Commission is imported, and any known importers of The Commission has also determined
interested in receiving written the accused products. The written to extend the target date for completion
submissions that address the form of submissions and proposed remedial of the above-captioned investigation to
remedy, if any, that should be ordered. orders must be filed no later than close February 1, 2019.
If a party seeks exclusion of an article of business on November 26, 2018. The authority for the Commission’s
from entry into the United States for Initial submissions are limited to 30 determination is contained in section
purposes other than entry for pages, not including any attachments or 337 of the Tariff Act of 1930, as
consumption, the party should so exhibits related to discussion of the amended (19 U.S.C. 1337), and in part
indicate and provide information public interest. Reply submissions must 210 of the Commission’s Rules of
establishing that activities involving be filed no later than the close of Practice and Procedure (19 CFR part
other types of entry either are adversely business on December 3, 2018. Reply 210).
affecting it or likely to do so. For submissions are limited to 15 pages, not By order of the Commission.
background, see Certain Devices for including any attachments or exhibits Issued: November 15, 2018.
Connecting Computers via Telephone related to discussion of remedy, the Lisa Barton,
Lines, Inv. No. 337–TA–360, USITC public interest, and bonding. No further Secretary to the Commission.
Pub. No. 2843 (December 1994) submissions on these issues will be
[FR Doc. 2018–25291 Filed 11–19–18; 8:45 am]
(Commission Opinion). permitted unless otherwise ordered by
If the Commission contemplates some the Commission. BILLING CODE 7020–02–P
form of remedy, it must consider the Persons filing written submissions
effects of that remedy upon the public must file the original document
interest. The factors the Commission INTERNATIONAL TRADE
electronically on or before the deadlines
will consider include the effect that an COMMISSION
stated above and submit 8 true paper
exclusion order and/or cease and desist copies to the Office of the Secretary by [Investigation No. 337–TA–1012]
orders would have on (1) the public noon the next day pursuant to section
health and welfare, (2) competitive 210.4(f) of the Commission’s Rules of Consolidated Modification and
conditions in the U.S. economy, (3) U.S. Practice and Procedure (19 CFR Enforcement Proceeding; Certain
production of articles that are like or 210.4(f)). Submissions should refer to Magnetic Data Storage Tapes and
directly competitive with those that are the investigation number (‘‘Inv. No. Cartridges Containing the Same;
subject to investigation, and (4) U.S. 337–TA–1059’’) in a prominent place on Commission Determination Not To
consumers. The Commission is the cover page and/or the first page. (See Review an Initial Determination
therefore interested in receiving written Handbook for Electronic Filing Terminating the Modification Portion of
submissions that address the Procedures, https://www.usitc.gov/ the Consolidated Proceeding
aforementioned public interest factors secretary/documents/handbook_on_ AGENCY: U.S. International Trade
in the context of this investigation. filing_procedures.pdf). Persons with Commission.
If the Commission orders some form questions regarding filing should
ACTION: Notice.
of remedy, the U.S. Trade contact the Secretary (202–205–2000).
Representative, as delegated by the Any person desiring to submit a SUMMARY: Notice is hereby given that
President, has 60 days to approve or document to the Commission in the U.S. International Trade
disapprove the Commission’s action. confidence must request confidential Commission has determined not to
See Presidential Memorandum of July treatment. All such requests should be review an initial determination (‘‘ID’’)
21, 2005, 70 FR 43251 (July 26, 2005). directed to the Secretary to the (Order No. 49) issued by the presiding
During this period, the subject articles Commission and must include a full administrative law judge (‘‘ALJ’’)
would be entitled to enter the United statement of the reasons why the granting a motion of respondents Sony
States under bond, in an amount Commission should grant such Corporation of Tokyo, Japan, Sony
determined by the Commission and treatment. See 19 CFR 201.6. Documents Corporation of America of New York,
prescribed by the Secretary of the for which confidential treatment by the New York, and Sony Electronics Inc. of
Treasury. The Commission is therefore Commission is properly sought will be San Diego, California (collectively, ‘‘the
interested in receiving submissions treated accordingly. All information, Sony respondents’’) to terminate the
concerning the amount of the bond that including confidential business modification portion of the consolidated
should be imposed if a remedy is information and documents for which enforcement and modification
ordered. confidential treatment is properly proceeding. The modification portion of
Written Submissions: The parties to sought, submitted to the Commission for the consolidated proceeding is
the investigation are requested to file purposes of this Investigation may be terminated.
written submissions on the issues disclosed to and used: (i) By the
identified in this notice. Parties to the Commission, its employees and Offices, 1 All contract personnel will sign appropriate
investigation, interested government and contract personnel (a) for nondisclosure agreements.
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![Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices 58595
FOR FURTHER INFORMATION CONTACT: containing the same that infringe the Issued: November 14, 2018.
Megan M. Valentine, Office of the ’891 patent, and soliciting United States Lisa Barton,
General Counsel, U.S. International agents or distributors for these activities. Secretary to the Commission.
Trade Commission, 500 E Street SW, On June 13, 2018, the Commission [FR Doc. 2018–25254 Filed 11–19–18; 8:45 am]
Washington, DC 20436, telephone (202) instituted a formal enforcement BILLING CODE 7020–02–P
708–2301. Copies of non-confidential
proceeding, pursuant to Commission
documents filed in connection with this
Rule 210.75(a) (19 CFR 210.75(a)), to
investigation are or will be available for
inspection during official business determine whether a violation of the
March 8, 2018 CDOs issued in the DEPARTMENT OF JUSTICE
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S. original investigation has occurred and
to determine what, if any, enforcement Antitrust Division
International Trade Commission, 500 E
Street SW, Washington, DC 20436, measures are appropriate. 83 FR 27626–
Notice Pursuant to the National
telephone (202) 205–2000. General 27 (June 13, 2018). The named
Cooperative Research and Production
information concerning the Commission respondents are Sony and Sony Storage
Act of 1993—Pistoia Alliance, Inc.
may also be obtained by accessing its Media Solutions Corporation of Tokyo,
internet server at https://www.usitc.gov. Japan; Sony Storage Media Notice is hereby given that, on
The public record for this investigation Manufacturing Corporation of Miyagi, October 26, 2018, pursuant to Section
may be viewed on the Commission’s Japan; Sony DADC US Inc. of Terre 6(a) of the National Cooperative
electronic docket (EDIS) at https:// Haute, Indiana; and Sony Latin America Research and Production Act of 1993,
edis.usitc.gov. Hearing-impaired Inc. of Miami, Florida. OUII was also 15 U.S.C. 4301 et seq. (‘‘the Act’’),
persons are advised that information on named as a party. Pistoia Alliance, Inc. has filed written
this matter can be obtained by On August 23, 2018, the Commission notifications simultaneously with the
contacting the Commission’s TDD instituted a modification proceeding,
terminal on (202) 205–1810. Attorney General and the Federal Trade
pursuant to Commission Rule 210.76(b) Commission disclosing changes in its
SUPPLEMENTARY INFORMATION: The (19 CFR 210.76(b)), to determine membership. The notifications were
Commission instituted the original whether the LEO and CDOs issued in filed for the purpose of extending the
investigation on July 1, 2016, based on the underlying investigation should be Act’s provisions limiting the recovery of
a complaint filed by Fujifilm modified to exclude certain of Sony’s
Corporation of Tokyo, Japan, and antitrust plaintiffs to actual damages
redesigned tape products. 83 FR 42690 under specified circumstances.
Fujifilm Recording Media U.S.A., Inc. of
(Aug. 23, 2018). The Commission Specifically, Andrew Hughes
Bedford, Massachusetts (collectively,
consolidated the modification and on- (individual member), Wilmslow,
‘‘Fujifilm’’). 81 FR 43243–44 (July 1,
going enforcement proceedings and UNITED KINGDOM; Indiana
2016). Pertinent to this action, the
complaint alleged violations of section delegated the consolidated proceeding Biosciences Research Institute,
337 of the Tariff Act of 1930, as to the ALJ. Indianapolis, IN; CAS, Columbus, OH;
amended, 19 U.S.C. 1337 (‘‘section On October 10, Sony filed a motion to Genialis, Inc., Houston, TX; Catalytic
337’’), in the sale for importation, terminate the modification portion of Data Science, Wilton, CT; Incedo, Inc.,
importation, and sale within the United the consolidated proceeding based on Santa Clara, CA; Sanofi, Cambridge,
States after importation of certain withdrawal of its request for a MA; and Cancer Epigenetics Society,
magnetic data storage tapes and determination that its redesigned Vienna, AUSTRIA, have been added as
cartridges containing the same by reason products do not infringe the ’891 patent. parties to this venture.
of infringement of, inter alia, claims 1, The motion indicated that Fujifilm does Also, WuXi AppTec, Shanghai,
4–9, 11 and 14 of U.S. Patent No. not oppose the requested termination. PEOPLE’S REPUBLIC OF CHINA; and
6,641,891 (‘‘the ’891 patent’’). The On October 11, 2018, OUII filed a BioRAFT, Cambridge, MA, have
Commission’s Notice of Investigation response supporting the motion. withdrawn as parties to this venture.
named the Sony respondents as
On October 19, 2018, the ALJ issued No other changes have been made in
respondents. The Office of Unfair
the subject ID granting Sony’s motion either the membership or planned
Import Investigations (‘‘OUII’’) was also
named as a party to the investigation. pursuant to Commission Rule activity of the group research project.
On March 8, 2018, the Commission 210.21(a)(1) (19 CFR 210.21(a)(1)). The Membership in this group research
found a section 337 violation as to the ID finds that Sony’s motion complies project remains open, and Pistoia
’891 patent and issued a limited with the Commission’s rules and that Alliance, Inc. intends to file additional
exclusion order (‘‘LEO’’) and cease and there are no extraordinary written notifications disclosing all
desist orders (‘‘CDOs’’) to each of the circumstances that might justify changes in membership.
Sony respondents. 83 FR 11245–47 denying the motion. No party petitioned
for review of the ID. On May 28, 2009, Pistoia Alliance,
(March 14, 2018). The LEO generally Inc. filed its original notification
prohibits the Sony respondents from The Commission has determined not pursuant to Section 6(a) of the Act. The
importing certain magnetic data storage to review the subject ID. Department of Justice published a notice
tapes and cartridges containing the same The authority for the Commission’s
that infringe the ’891 patent, with in the Federal Register pursuant to
determination is contained in section Section 6(b) of the Act on July 15, 2009
certain exceptions related to service and
337 of the Tariff Act of 1930, as (74 FR 34364).
repair and verification testing. The
amended (19 U.S.C. 1337), and in Part The last notification was filed with
CDOs prohibit the Sony respondents
from importing, selling, marketing, 210 of the Commission’s Rules of the Department on August 10, 2018. A
advertising, distributing, transferring Practice and Procedure (19 CFR part notice was published in the Federal
(except for exportation) certain magnetic 210).
Register pursuant to Section 6(b) of the
data storage tapes and cartridges By order of the Commission.
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Document Created: 2018-11-20 07:59:36
Document Modified: 2018-11-20 07:59:36
| 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 | Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708-2301. 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 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. 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 58594 |
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