Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof; Notice of Commission Determination To Review the Final Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, Public Interest, and Bonding, 54592-54593 [2015-22735]
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54592
Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties.
The Committee has asked that the
Commission’s report not contain any
confidential business information. Any
confidential business information
received by the Commission in this
investigation and used in preparing this
report will not be published in a manner
that would reveal the operations of the
firm supplying the information.
Summaries of Written Submissions:
The Commission intends to publish
summaries of the positions of interested
persons in an appendix to its report.
Persons wishing to have a summary of
their position included in the appendix
should include a summary with their
written submission. The summary may
not exceed 500 words, should be in
MSWord format or a format that can be
easily converted to MSWord, and
should not include any confidential
business information. The summary will
be published as provided if it meets
these requirements and is germane to
the subject matter of the investigation.
In the appendix the Commission will
identify the name of the organization
furnishing the summary, and will
include a link to the Commission’s
Electronic Document Information
System (EDIS) where the full written
submission can be found.
By order of the Commission.
Issued: September 3, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–22697 Filed 9–9–15; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–921]
mstockstill on DSK4VPTVN1PROD with NOTICES
Certain Marine Sonar Imaging Devices,
Including Downscan and Sidescan
Devices, Products Containing the
Same, and Components Thereof;
Notice of Commission Determination
To Review the Final Initial
Determination in Part; Schedule for
Filing Written Submissions on the
Issues Under Review and on Remedy,
Public Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to reviewin-part the final initial determination
SUMMARY:
VerDate Sep<11>2014
17:28 Sep 09, 2015
Jkt 235001
(‘‘ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’) in the
above-captioned investigation on July 2,
2015. The Commission requests certain
briefing from the parties on the issues
under review, as indicated in this
notice. The Commission also requests
briefing from the parties and interested
persons on the issues of remedy, the
public interest, and bonding.
FOR FURTHER INFORMATION CONTACT:
Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3438. 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 (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 this investigation
on July 14, 2014, based on a complaint
filed by Navico, Inc. of Tulsa,
Oklahoma, and Navico Holding AS, of
Egersund, Norway (collectively,
‘‘Navico’’). 79 Fed. Reg. 40778 (July 14,
2014). The complaint alleged violations
of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, by reason
of the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain marine sonar
imaging devices, including downscan
and sidescan devices, products
containing the same, and components
thereof. Id. The complaint alleged the
infringement of certain claims of U.S.
Patent Nos. 8,305,840 (‘‘the ’840
patent’’), 8,300,499 (‘‘the ’499 patent’’),
and 8,605,550 (‘‘the ’550 patent’’). Id.
The notice of investigation named
Garmin International, Inc. and Garmin
USA, Inc., each of Olathe, Kansas,
Garmin (Asia) Corporation of New
Taipei City, Taiwan (collectively,
‘‘Garmin’’), and Garmin North America,
Inc. as respondents. Id. The Office of
Unfair Import Investigations (‘‘OUII’’)
was also named as a party. Id. The
Commission later terminated the
investigation as to Garmin North
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
America, Inc. and various of the
asserted claims. Notice (Dec. 31, 2014)
(determining not to review Order No. 10
(Dec. 2, 2014)); Notice (Jan. 9, 2015)
(determining not to review Order No. 11
(Dec. 11, 2014)); Notice (Jan. 13, 2015)
(determining not to review Order No. 13
(Dec. 17, 2014)).
On July 2, 2015, the ALJ issued a final
ID finding no violation of section 337
with respect to all three asserted
patents. Specifically, the ALJ found that
the asserted claims of each patent are
not infringed and were not shown to be
invalid for anticipation or obviousness.
The ALJ found that the economic prong
of the domestic industry requirement
was not satisfied with respect to the
’550 patent. The ALJ also issued a
Recommended Determination on
Remedy and Bonding (‘‘RD’’),
recommending, if the Commission finds
a section 337 violation, that a limited
exclusion order and a cease and desist
order should issue and that a bond
should be imposed at a reasonable
royalty of eight percent for each
infringing device imported during the
period of presidential review.
On July 20, 2015, Navico, Garmin,
and OUII timely filed petitions for
review challenging various findings in
the final ID. On July 28, 2015, the
parties filed responses. On August 5,
2015, Navico and Garmin filed a postRD statement on the public interest
under Commission Rule 210.50(a)(4).
The Commission did not receive any
post-RD public interest comments from
the public. See 80 FR 39799 (July 10,
2015).
Having examined the record of this
investigation, including the ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review the ALJ’s determination of no
violation in part. Specifically, the
Commission has determined to review
(1) the ALJ’s construction of the
limitation ‘‘single linear downscan
transducer element’’ recited in claims 1
and 23 of the ’840 patent (and its
variants in the ’499 and ’550 patents);
(2) the ALJ’s construction of the
limitation ‘‘combine’’ (and its variants)
recited in claims 1, 24, and 43 of the
’499 patent; (3) the ALJ’s findings of
noninfringement with respect to the
three asserted patents; (4) the ALJ’s
findings of validity with respect to the
three asserted patents; and (5) the ALJ’s
finding regarding the economic prong of
the domestic industry requirement with
respect to the ’550 patent.
The Commission has determined not
to review the remaining issues decided
in the final ID.
The parties are requested to brief their
positions on the issues under review
E:\FR\FM\10SEN1.SGM
10SEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices
with reference to the applicable law and
the existing evidentiary record. In
connection with its review, the
Commission requests responses to the
following questions only.
1. Discuss whether the limitation
‘‘single linear downscan transducer
element’’ as recited in claims 1 and 23
of the ’840 patent (and its variants in the
’499 and ’550 patents) should be
construed as ‘‘a single downwardly
pointed transducer that is formed from
a single element or a plurality of
elements that act together as if they
were a single element.’’ Discuss whether
the phrase ‘‘act together’’ in this
construction means act simultaneously
or in phase. If the variants of the
limitation ‘‘single linear downscan
transducer element’’ in the ’499 and
’550 patents should be construed
differently, please explain any such
differences.
2. Applying the construction in
Question No. 1, discuss whether the
accused products satisfy the limitation
‘‘single linear downscan transducer
element.’’
3. Applying the construction in
Question No. 1, discuss whether the
prior art anticipates or renders obvious
the asserted claims with respect to the
limitation ‘‘single linear downscan
transducer element.’’
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent(s) being
required to cease and desist from
engaging in unfair acts in the
importation and sale of such articles.
Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 (Dec. 1994) (Commission
Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
orders would have on (1) the public
VerDate Sep<11>2014
17:28 Sep 09, 2015
Jkt 235001
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 Fed. Reg. 43251 (July 26,
2005). During this period, the subject
articles would be entitled to enter the
United States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation are requested to file
written submissions on all of the issues
identified in this notice. Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding. Complainant
Navico is also requested to submit
proposed remedial orders for the
Commission’s consideration. Navico is
also requested to state the date that the
asserted patent expires and the HTSUS
numbers under which the accused
products are imported, and provide
identification information for all known
importers of the subject articles. Initial
written submissions and proposed
remedial orders must be filed no later
than close of business on Monday,
September 14, 2015. Initial written
submissions by the parties shall be no
more than 40 pages, excluding any
attachments or exhibits related to
discussion of the public interest. Reply
submissions must be filed no later than
the close of business on Monday,
September 21, 2015. Reply submissions
by the parties shall be no more than 20
pages, excluding any exhibits. No
further submissions on these issues will
be permitted unless otherwise ordered
by the Commission. Persons filing
written submissions must file the
original document electronically on or
before the deadlines stated above and
submit 8 true paper copies to the Office
of the Secretary by noon the next day
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
54593
pursuant to section 210.4(f) of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.4(f)).
Submissions should refer to the
investigation number (‘‘Inv. No. 337–
TA–921’’) in a prominent place on the
cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary at (202)
205–2000.
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
the any confidential filing. All
nonconfidential written submissions
will be available for public inspection at
the Office of the Secretary and on EDIS.
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: September 3, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–22735 Filed 9–9–15; 8:45 am]
BILLING CODE 7020–02–P
JUDICIAL CONFERENCE OF THE
UNITED STATES
Meeting of the Judicial Conference
Committee on Rules of Practice and
Procedure
Advisory Committee on Rules
of Evidence, Judicial Conference of the
United States.
ACTION: Notice of open meeting.
AGENCY:
The Advisory Committee on
Rules of Evidence will hold a one-day
meeting. The meeting will be open to
public observation but not participation.
DATES: October 9, 2015.
Time: 8:30 a.m. to 3:00 p.m.
ADDRESSES: The John Marshall Law
School, 315 South Plymouth Court,
Room 1200, Chicago, IL 60604.
SUMMARY:
E:\FR\FM\10SEN1.SGM
10SEN1
Agencies
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54592-54593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22735]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-921]
Certain Marine Sonar Imaging Devices, Including Downscan and
Sidescan Devices, Products Containing the Same, and Components Thereof;
Notice of Commission Determination To Review the Final Initial
Determination in Part; Schedule for Filing Written Submissions on the
Issues Under Review and on Remedy, Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review-in-part the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') in the above-captioned investigation on July 2, 2015. The
Commission requests certain briefing from the parties on the issues
under review, as indicated in this notice. The Commission also requests
briefing from the parties and interested persons on the issues of
remedy, the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3438. 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 (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 this investigation
on July 14, 2014, based on a complaint filed by Navico, Inc. of Tulsa,
Oklahoma, and Navico Holding AS, of Egersund, Norway (collectively,
``Navico''). 79 Fed. Reg. 40778 (July 14, 2014). The complaint alleged
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, by reason of the importation into the United States, the
sale for importation, and the sale within the United States after
importation of certain marine sonar imaging devices, including downscan
and sidescan devices, products containing the same, and components
thereof. Id. The complaint alleged the infringement of certain claims
of U.S. Patent Nos. 8,305,840 (``the '840 patent''), 8,300,499 (``the
'499 patent''), and 8,605,550 (``the '550 patent''). Id. The notice of
investigation named Garmin International, Inc. and Garmin USA, Inc.,
each of Olathe, Kansas, Garmin (Asia) Corporation of New Taipei City,
Taiwan (collectively, ``Garmin''), and Garmin North America, Inc. as
respondents. Id. The Office of Unfair Import Investigations (``OUII'')
was also named as a party. Id. The Commission later terminated the
investigation as to Garmin North America, Inc. and various of the
asserted claims. Notice (Dec. 31, 2014) (determining not to review
Order No. 10 (Dec. 2, 2014)); Notice (Jan. 9, 2015) (determining not to
review Order No. 11 (Dec. 11, 2014)); Notice (Jan. 13, 2015)
(determining not to review Order No. 13 (Dec. 17, 2014)).
On July 2, 2015, the ALJ issued a final ID finding no violation of
section 337 with respect to all three asserted patents. Specifically,
the ALJ found that the asserted claims of each patent are not infringed
and were not shown to be invalid for anticipation or obviousness. The
ALJ found that the economic prong of the domestic industry requirement
was not satisfied with respect to the '550 patent. The ALJ also issued
a Recommended Determination on Remedy and Bonding (``RD''),
recommending, if the Commission finds a section 337 violation, that a
limited exclusion order and a cease and desist order should issue and
that a bond should be imposed at a reasonable royalty of eight percent
for each infringing device imported during the period of presidential
review.
On July 20, 2015, Navico, Garmin, and OUII timely filed petitions
for review challenging various findings in the final ID. On July 28,
2015, the parties filed responses. On August 5, 2015, Navico and Garmin
filed a post-RD statement on the public interest under Commission Rule
210.50(a)(4). The Commission did not receive any post-RD public
interest comments from the public. See 80 FR 39799 (July 10, 2015).
Having examined the record of this investigation, including the ID,
the petitions for review, and the responses thereto, the Commission has
determined to review the ALJ's determination of no violation in part.
Specifically, the Commission has determined to review (1) the ALJ's
construction of the limitation ``single linear downscan transducer
element'' recited in claims 1 and 23 of the '840 patent (and its
variants in the '499 and '550 patents); (2) the ALJ's construction of
the limitation ``combine'' (and its variants) recited in claims 1, 24,
and 43 of the '499 patent; (3) the ALJ's findings of noninfringement
with respect to the three asserted patents; (4) the ALJ's findings of
validity with respect to the three asserted patents; and (5) the ALJ's
finding regarding the economic prong of the domestic industry
requirement with respect to the '550 patent.
The Commission has determined not to review the remaining issues
decided in the final ID.
The parties are requested to brief their positions on the issues
under review
[[Page 54593]]
with reference to the applicable law and the existing evidentiary
record. In connection with its review, the Commission requests
responses to the following questions only.
1. Discuss whether the limitation ``single linear downscan
transducer element'' as recited in claims 1 and 23 of the '840 patent
(and its variants in the '499 and '550 patents) should be construed as
``a single downwardly pointed transducer that is formed from a single
element or a plurality of elements that act together as if they were a
single element.'' Discuss whether the phrase ``act together'' in this
construction means act simultaneously or in phase. If the variants of
the limitation ``single linear downscan transducer element'' in the
'499 and '550 patents should be construed differently, please explain
any such differences.
2. Applying the construction in Question No. 1, discuss whether the
accused products satisfy the limitation ``single linear downscan
transducer element.''
3. Applying the construction in Question No. 1, discuss whether the
prior art anticipates or renders obvious the asserted claims with
respect to the limitation ``single linear downscan transducer
element.''
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent(s) being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
the Commission is interested in receiving written submissions that
address the form of remedy, if any, that should be ordered. If a party
seeks exclusion of an article from entry into the United States for
purposes other than entry for consumption, the party should so indicate
and provide information establishing that activities involving other
types of entry either are adversely affecting it or likely to do so.
For background, see Certain Devices for Connecting Computers via
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994)
(Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 Fed. Reg. 43251 (July 26, 2005). During this period,
the subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on all of the issues identified in this
notice. Parties to the investigation, interested government agencies,
and any other interested parties are encouraged to file written
submissions on the issues of remedy, the public interest, and bonding.
Such submissions should address the recommended determination by the
ALJ on remedy and bonding. Complainant Navico is also requested to
submit proposed remedial orders for the Commission's consideration.
Navico is also requested to state the date that the asserted patent
expires and the HTSUS numbers under which the accused products are
imported, and provide identification information for all known
importers of the subject articles. Initial written submissions and
proposed remedial orders must be filed no later than close of business
on Monday, September 14, 2015. Initial written submissions by the
parties shall be no more than 40 pages, excluding any attachments or
exhibits related to discussion of the public interest. Reply
submissions must be filed no later than the close of business on
Monday, September 21, 2015. Reply submissions by the parties shall be
no more than 20 pages, excluding any exhibits. No further submissions
on these issues will be permitted unless otherwise ordered by the
Commission. Persons filing written submissions must file the original
document electronically on or before the deadlines stated above and
submit 8 true paper copies to the Office of the Secretary by noon the
next day pursuant to section 210.4(f) of the Commission's Rules of
Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to
the investigation number (``Inv. No. 337-TA-921'') in a prominent place
on the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions
regarding filing should contact the Secretary at (202) 205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. A
redacted non-confidential version of the document must also be filed
simultaneously with the any confidential filing. All nonconfidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
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: September 3, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-22735 Filed 9-9-15; 8:45 am]
BILLING CODE 7020-02-P