83 FR 835 - Certain Self-Anchoring Beverage Containers; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 5 (January 8, 2018)

Page Range		835-836
FR Document		2018-00104

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 31, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of Mighty Mug, Inc. of Rahway, New Jersey. An amended complaint was filed on December 1, 2017, on behalf of Alfay Designs, Inc., of Rahway, New Jersey, Mighty Mug, Inc., of Rahway, New Jersey, and Harry Zimmerman of Los Angeles, California. Supplements to the amended complaint were filed on December 4, 8, 19, and 22, 2017. The amended 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 self-anchoring beverage containers by reason of infringement of (1) certain claims of U.S. Patent No. 8,028,850 (``the '850 patent'') and U.S. Patent No. 8,757,418 (``the '418 patent''); and (2) U.S. Trademark Registration No. 4,191,803 (``the '803 trademark''). The amended 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 general exclusion order and cease and desist orders.

Federal Register, Volume 83 Issue 5 (Monday, January 8, 2018)

[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Notices]
[Pages 835-836]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00104]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1092]


Certain Self-Anchoring Beverage Containers; Institution of 
Investigation

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 October 31, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Mighty Mug, 
Inc. of Rahway, New Jersey. An amended complaint was filed on December 
1, 2017, on behalf of Alfay Designs, Inc., of Rahway, New Jersey, 
Mighty Mug, Inc., of Rahway, New Jersey, and Harry Zimmerman of Los 
Angeles, California. Supplements to the amended complaint were filed on 
December 4, 8, 19, and 22, 2017. The amended 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 self-anchoring beverage containers by reason of 
infringement of (1) certain claims of U.S. Patent No. 8,028,850 (``the 
'850 patent'') and U.S. Patent No. 8,757,418 (``the '418 patent''); and 
(2) U.S. Trademark Registration No. 4,191,803 (``the '803 trademark''). 
The amended 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 general exclusion 
order and cease and desist orders.

ADDRESSES: The amended 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, 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 (2017).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on January 2, 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:
    (a) 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 self-anchoring beverage containers by reason of infringement of 
one or more of claim 1 of the '850 patent and claim 1 of the '418 
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;
    (b) whether there is a violation of subsection (a)(1)(C) 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 self-anchoring beverage containers by reason of infringement of

[[Page 836]]

the '803 trademark; 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) 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:

Alfay Designs, Inc., 665 Martin Street, Rahway, NJ 07065.
Mighty Mug, Inc., 665 Martin Street, Rahway, NJ 07065.
Harry Zimmerman, 310 Comstock Avenue, Los Angeles, CA 90024.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the amended 
complaint is to be served:

Telebrands, Corp., One Telebrands Plaza, Fairfield, NJ 07004.
HIRALIY, Room 1306, Easter Tower, Poly World Trade Center Pazhou, No. 
1000 Xingang Dong Road, Haizhu District, Guangzhou, Guangdong Province, 
China.
Chekue, Shenzhen Chekue Trading Co. Ltd., Shenzhen, Guangdong Province, 
518131 China.
Tapcet, Guangzhou Tinghui Trade Co., Ltd., Guangzhou, Tianhe, Longdong 
W Street, Guangdong Province, China.
OUOH, Zhejiang OUOH Houseware Co., Ltd., No. 1278-1308 Wanxiang Road, 
Wanquan Town, Wenzhou, Zhejiang Province, 325204 China.
DevBattles, 3rd Floor, Street Cardinala Josepha Slipogo, 7, Ternopil, 
Ukraine, 46000.
OTELAS, MB, Panevezio g.7-19, LT-92316, Klaipeda, Lithuania.
Artiart Limited, 8F-4, No. 412, SEC5, Chung Hsiao East Road, Taipei, 
Taiwan.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: January 3, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-00104 Filed 1-5-18; 8:45 am]
 BILLING CODE 7020-02-P

Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices 835

importation of certain mobile electronic complaint and in this notice may be general exclusion order and cease and
devices and radio frequency and deemed to constitute a waiver of the desist orders.
processing components thereof by right to appear and contest the ADDRESSES: The amended complaint,
reason of infringement of one or more of allegations of the complaint and this except for any confidential information
claims 1, 7, 8, 10, 11, 17, and 18 of the notice, and to authorize the contained therein, is available for
’356 patent; claim 4 of the ’336 patent; administrative law judge and the inspection during official business
claims 1, 5–8, 12, 16–18, and 21–22 of Commission, without further notice to hours (8:45 a.m. to 5:15 p.m.) in the
the ’674 patent; claims 1–4, 7–9, 11, 17, the respondent, to find the facts to be as Office of the Secretary, U.S.
20–23, 31–33 and 36 of the ’002 patent; alleged in the complaint and this notice International Trade Commission, 500 E
and claims 1–3, 10–12, 18, and 22–24 of and to enter an initial determination Street SW, Room 112, Washington, DC
the ’633 patent; and whether an and a final determination containing 20436, telephone (202) 205–2000.
industry in the United States exists as such findings, and may result in the Hearing impaired individuals are
required by subsection (a)(2) of section issuance of an exclusion order or a cease advised that information on this matter
337; and desist order or both directed against can be obtained by contacting the
(2) Pursuant to Commission Rule the respondent. Commission’s TDD terminal on (202)
210.50(b)(1), 19 CFR 210.50(b)(1), the 205–1810. Persons with mobility
By order of the Commission.
presiding Administrative Law Judge impairments who will need special
shall take evidence or other information Issued: January 3, 2018.
Lisa R. Barton, assistance in gaining access to the
and hear arguments from the parties or Commission should contact the Office
other interested persons with respect to Secretary to the Commission.
of the Secretary at (202) 205–2000.
the public interest in his investigation, [FR Doc. 2018–00105 Filed 1–5–18; 8:45 am]
General information concerning the
as appropriate, and provide the BILLING CODE 7020–02–P
Commission may also be obtained by
Commission with findings of fact and a accessing its internet server at https://
recommended determination on this www.usitc.gov. The public record for
issue, which shall be limited to the INTERNATIONAL TRADE
this investigation may be viewed on the
statutory public interest factors set forth COMMISSION
Commission’s electronic docket (EDIS)
in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1);
(3) For the purpose of the
[Investigation No. 337–TA–1092] at https://edis.usitc.gov.
investigation so instituted, the following FOR FURTHER INFORMATION CONTACT:
Certain Self-Anchoring Beverage Pathenia M. Proctor, The Office of
are hereby named as parties upon which Containers; Institution of Investigation
this notice of investigation shall be Unfair Import Investigations, U.S.
served: AGENCY: U.S. International Trade International Trade Commission,
(a) The complainant is: Commission. telephone (202) 205–2560.
Qualcomm Incorporated, 5775 ACTION: Notice. SUPPLEMENTARY INFORMATION:
Morehouse Drive, San Diego, CA Authority: The authority for
92121. SUMMARY: Notice is hereby given that a institution of this investigation is
(b) The respondent is the following complaint was filed with the U.S. contained in section 337 of the Tariff
entity alleged to be in violation of International Trade Commission on Act of 1930, as amended, 19 U.S.C. 1337
section 337, and is the party upon October 31, 2017, under section 337 of and in section 210.10 of the
which the complaint is to be served: the Tariff Act of 1930, as amended, on Commission’s Rules of Practice and
Apple Inc., 1 Infinite Loop, Cupertino, behalf of Mighty Mug, Inc. of Rahway, Procedure, 19 CFR 210.10 (2017).
CA 95014. New Jersey. An amended complaint was Scope of Investigation: Having
(c) The Office of Unfair Import filed on December 1, 2017, on behalf of considered the amended complaint, the
Investigations, U.S. International Trade Alfay Designs, Inc., of Rahway, New U.S. International Trade Commission,
Commission, 500 E Street SW, Suite Jersey, Mighty Mug, Inc., of Rahway, on January 2, 2018, ordered that—
401, Washington, DC 20436; and New Jersey, and Harry Zimmerman of (1) Pursuant to subsection (b) of
(4) For the investigation so instituted, Los Angeles, California. Supplements to section 337 of the Tariff Act of 1930, as
the Chief Administrative Law Judge, the amended complaint were filed on amended, an investigation be instituted
U.S. International Trade Commission, December 4, 8, 19, and 22, 2017. The to determine:
shall designate the presiding amended complaint alleges violations of (a) Whether there is a violation of
Administrative Law Judge. section 337 based upon the importation subsection (a)(1)(B) of section 337 in the
Responses to the complaint and the into the United States, the sale for importation into the United States, the
notice of investigation must be importation, and the sale within the sale for importation, or the sale within
submitted by the named respondent in United States after importation of self- the United States after importation of
accordance with section 210.13 of the anchoring beverage containers by reason certain self-anchoring beverage
Commission’s Rules of Practice and of infringement of (1) certain claims of containers by reason of infringement of
Procedure, 19 CFR 210.13. Pursuant to U.S. Patent No. 8,028,850 (‘‘the ’850 one or more of claim 1 of the ’850 patent
19 CFR 201.16(e) and 210.13(a), such patent’’) and U.S. Patent No. 8,757,418 and claim 1 of the ’418 patent; and
responses will be considered by the (‘‘the ’418 patent’’); and (2) U.S. whether an industry in the United
Commission if received not later than 20 Trademark Registration No. 4,191,803 States exists or is in the process of being
days after the date of service by the (‘‘the ’803 trademark’’). The amended established as required by subsection
sradovich on DSK3GMQ082PROD with NOTICES

Commission of the complaint and the complaint further alleges that an (a)(2) of section 337;
notice of investigation. Extensions of industry in the United States exists or (b) whether there is a violation of
time for submitting responses to the is in the process of being established as subsection (a)(1)(C) of section 337 in the
complaint and the notice of required by the applicable Federal importation into the United States, the
investigation will not be granted unless Statute. sale for importation, or the sale within
good cause therefor is shown. The complainants request that the the United States after importation of
Failure of the respondent to file a Commission institute an investigation certain self-anchoring beverage
timely response to each allegation in the and, after the investigation, issue a containers by reason of infringement of

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836 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices

the ’803 trademark; and whether an OTELAS, MB, Panevezio g.7–19, LT– this notice and to enter an initial
industry in the United States exists or 92316, Klaipeda, Lithuania. determination and a final determination
is in the process of being established as Artiart Limited, 8F–4, No. 412, SEC5, containing such findings, and may
required by subsection (a)(2) of section Chung Hsiao East Road, Taipei, result in the issuance of an exclusion
337; Taiwan. order or a cease and desist order or both
(2) For the purpose of the (c) The Office of Unfair Import directed against the respondent.
investigation so instituted, the following Investigations, U.S. International Trade By order of the Commission.
are hereby named as parties upon which Commission, 500 E Street SW, Suite Issued: January 3, 2018.
this notice of investigation shall be 401, Washington, DC 20436; and Lisa R. Barton,
served: (3) For the investigation so instituted,
(a) The complainants are: Secretary to the Commission.
the Chief Administrative Law Judge,
Alfay Designs, Inc., 665 Martin Street, [FR Doc. 2018–00104 Filed 1–5–18; 8:45 am]
U.S. International Trade Commission,
Rahway, NJ 07065. shall designate the presiding BILLING CODE 7020–02–P
Mighty Mug, Inc., 665 Martin Street, Administrative Law Judge.
Rahway, NJ 07065. Responses to the amended complaint
Harry Zimmerman, 310 Comstock and the notice of investigation must be
Avenue, Los Angeles, CA 90024. submitted by the named respondents in DEPARTMENT OF JUSTICE
(b) The respondents are the following accordance with section 210.13 of the
Commission’s Rules of Practice and Drug Enforcement Administration
entities alleged to be in violation of
section 337, and are the parties upon Procedure, 19 CFR 210.13. Pursuant to
which the amended complaint is to be 19 CFR 201.16(e) and 210.13(a), such [Docket No. DEA–392]
served: responses will be considered by the
Commission if received not later than 20 Importer of Controlled Substances
Telebrands, Corp., One Telebrands Registration
Plaza, Fairfield, NJ 07004. days after the date of service by the
HIRALIY, Room 1306, Easter Tower, Commission of the amended complaint
and the notice of investigation. ACTION: Notice of registration.
Poly World Trade Center Pazhou, No.
1000 Xingang Dong Road, Haizhu Extensions of time for submitting SUMMARY: Registrants listed below have
District, Guangzhou, Guangdong responses to the amended complaint applied for and been granted
Province, China. and the notice of investigation will not registration by-the Drug Enforcement
Chekue, Shenzhen Chekue Trading Co. be granted unless good cause therefor is Administration as importers of various
Ltd., Shenzhen, Guangdong Province, shown. classes of schedule I or II controlled
518131 China. Failure of a respondent to file a timely
substances.
Tapcet, Guangzhou Tinghui Trade Co., response to each allegation in the
Ltd., Guangzhou, Tianhe, Longdong amended complaint and in this notice SUPPLEMENTARY INFORMATION: The
W Street, Guangdong Province, China. may be deemed to constitute a waiver of companies listed below applied to be
OUOH, Zhejiang OUOH Houseware Co., the right to appear and contest the registered as importers of various basic
Ltd., No. 1278–1308 Wanxiang Road, allegations of the amended complaint classes of controlled substances.
Wanquan Town, Wenzhou, Zhejiang and this notice, and to authorize the Information on previously published
Province, 325204 China. administrative law judge and the notices is listed in the table below. No
DevBattles, 3rd Floor, Street Cardinala Commission, without further notice to comments or objections were submitted
Josepha Slipogo, 7, Ternopil, Ukraine, the respondent, to find the facts to be as and no requests for hearing were
46000. alleged in the amended complaint and submitted for these notices.

Company FR Docket Published

Galephar Pharmaceutical Research, Inc ......................................................................................................... 82 FR 49663 October 26, 2017.
Rhodes Technologies ...................................................................................................................................... 82 FR 51298 November 3, 2017.
Anderson Brecon, Inc ...................................................................................................................................... 82 FR 52941 November 15, 2017.

The Drug Enforcement local laws, and reviewing each NATIONAL SCIENCE FOUNDATION
Administration (DEA) has considered company’s background and history.
the factors in 21 U.S.C. 823, 952(a) and Proposal Review Panel for Ocean
Therefore, pursuant to 21 U.S.C.
958(a) and determined that the Sciences; Notice of Meeting
952(a) and 958(a), and in accordance
registration of the listed registrants to with 21 CFR 1301.34, the DEA has In accordance with the Federal
import the applicable basic classes of granted a registration as an importer for Advisory Committee Act (Pub. L. 92–
schedule I or II controlled substances is schedule I or II controlled substances to 463, as amended), the National Science
consistent with the public interest and the above listed persons. Foundation (NSF) announces the
with United States obligations under following meeting:
Dated: December 29, 2017.
international treaties, conventions, or Name and Committee Code: Proposal
protocols in effect on May 1, 1971. The Neil D. Doherty, Review Panel for Ocean Sciences
sradovich on DSK3GMQ082PROD with NOTICES

DEA investigated each company’s Deputy Assistant Administrator. (#10752)—C–DEBI, University of
maintenance of effective controls [FR Doc. 2018–00118 Filed 1–5–18; 8:45 am] Southern California (Site Visit).
against diversion by inspecting and BILLING CODE 4410–09–P Date And Time:
testing each company’s physical January 29, 2018; 8:00 a.m.–9:00 p.m.
security systems, verifying each January 30, 2018; 8:00 a.m.–4:00 p.m.
company’s compliance with state and Place: C–DEBI, University of Southern
California, Los Angeles, CA 90089.

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Document Created: 2018-01-06 02:31:59
Document Modified: 2018-01-06 02:31:59

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		Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		83 FR 835