Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Commission Determination To Review in Part a Final Initial Determination Finding No Violation; Schedule for Briefing on the Issues Under Review and on Remedy, the Public Interest, and Bonding, 70834-70835 [2015-28893]
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70834
Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices
INTERNATIONAL TRADE
COMMISSION
[USITC SE–15–039]
Sunshine Act Meeting
United
States International Trade Commission.
TIME AND DATE: November 18, 2015 at
11:00 a.m.
PLACE: Room 101, 500 E Street SW.,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote in Inv. No. 701–TA–530
(Final) (Supercalendered Paper from
Canada). The Commission is currently
scheduled to complete and file its
determination and views of the
Commission on December 1, 2015.
5. Vote in Inv. Nos. 701–TA–473 and
731–TA–1173 (Review) (Potassium
Phosphate Salts from China). The
Commission is currently scheduled to
complete and file its determinations and
views of the Commission on December
4, 2015.
6. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
AGENCY HOLDING THE MEETING:
Issued: November 12, 2015.
By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2015–29334 Filed 11–12–15; 4:15 pm]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–929]
tkelley on DSK3SPTVN1PROD with NOTICES
Certain Beverage Brewing Capsules,
Components Thereof, and Products
Containing the Same; Commission
Determination To Review in Part a
Final Initial Determination Finding No
Violation; Schedule for Briefing on the
Issues Under Review and on Remedy,
the 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 review
in part a final initial determination
SUMMARY:
VerDate Sep<11>2014
19:47 Nov 13, 2015
Jkt 238001
(‘‘ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’),
finding no violation of section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–5468. 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 September 9, 2014, based on a
complaint filed by Adrian Rivera of
Whittier, California, and Adrian Rivera
Maynez Enterprises, Inc., of Santa Fe
Springs, California (together, ‘‘ARM’’).
79 FR 53445–46. The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain beverage brewing
capsules, components thereof, and
products containing the same that
infringe claims 5–8 and 18–20 of U.S.
Patent No. 8,720,320 (‘‘the ’320 patent’’).
Id. at 53445. The Commission’s notice
of investigation named as respondents
Solofill LLC of Houston, Texas
(‘‘Solofill’’); DongGuan Hai Rui
Precision Mould Co., Ltd. of Dong Guan
City, China (‘‘DongGuan’’); Eko Brands,
LLC (‘‘Eko Brands’’), of Woodinville,
Washington; Evermuch Technology Co.,
Ltd., of Hong Kong, China and Ever
Much Company Ltd. of Shenzhen,
China (together, ‘‘Evermuch’’); Melitta
USA, Inc. (‘‘Melitta’’), of North
Clearwater, Florida; LBP Mfg., Inc. of
Cicero, Illinois and LBP Packaging
(Shenzhen) Co. Ltd. of Shenzhen, China
(together, ‘‘LBP’’); Spark Innovators
Corp. (‘‘Spark’’), of Fairfield, New
Jersey; B. Marlboros International Ltd.
(HK) (‘‘B. Marlboros’’) of Hong Kong,
China; and Amazon.com, Inc.
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
(‘‘Amazon’’) of Seattle, Washington. The
Office of Unfair Import Investigations
was also named as a party to the
investigation. Id.
The Commission terminated the
investigation with respect to Melitta,
Spark, LBP, and B. Marlboros based on
the entry of consent orders and
terminated the investigation with
respect to Amazon based on a
settlement agreement. Notice (Dec. 18,
2014); Notice (Jan. 13, 2015); Notice
(Mar. 27, 2015); Notice (Apr. 10, 2015).
The Commission also found Eko Brands
and Evermuch in default for failing to
respond to the complaint and notice of
investigation. Notice (May 18, 2015).
Accordingly, Solofill and DongGuan
(together, ‘‘Respondents’’) were the only
respondents actively participating in the
investigation at the time of the issuance
of the final ID.
On September 4, 2015, the ALJ issued
his final ID finding no violation of
section 337. The ID found that ARM had
established every element for finding a
violation of section 337 except for
infringement. The ID found that
Respondents were not liable for direct
infringement because direct
infringement required the combination
of Respondents’ products with a thirdparty single serve beverage brewer, and
that Respondents were not liable for
induced or contributory infringement
because they did not have pre-suit
knowledge of the ’320 patent. The ID
did find that Respondents’ products
directly infringed when combined with
a third-party single serve coffee brewer,
that the asserted claims have not been
shown invalid by clear and convincing
evidence, and that ARM satisfied both
the technical and economic prongs of
the domestic industry requirement. The
ALJ also issued his recommendation on
remedy and bonding along with his ID.
On September 21, 2015, Complainants
petitioned for review of the ID’s findings
that Respondents were not liable for
induced and contributory infringement
because of a lack of pre-suit knowledge,
and Respondents petitioned for review
of several of the ID’s findings. On
September 29, 2015, the parties opposed
each other’s petitions, and the
Commission Investigative Attorney
opposed both petitions.
Having examined the record of this
investigation, including the ALJ’s final
ID, the petitions for review, and the
responses thereto, the Commission has
determined to review the final ID in
part. Specifically the Commission has
determined to review the following: (1)
The ID’s findings on the construction,
infringement, and technical prong of the
domestic industry requirement for the
limitation ‘‘a needle-like structure,
E:\FR\FM\16NON1.SGM
16NON1
Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Notices
disposed below the base’’; (2) the ID’s
findings on induced and contributory
infringement; (3) the ID’s findings that
the asserted claims are not invalid for a
lack of written description, as
anticipated by Beaulieu and the APA, or
as obvious; and (4) the ID’s findings on
the economic prong of the domestic
industry requirement. The Commission
has determined not to review the
remaining findings in the ID.
In connection with its review, the
Commission is interested in briefing
only on the following issue:
tkelley on DSK3SPTVN1PROD with NOTICES
The Commission recently determined that
the ‘‘knowledge of the patent’’ element for
contributory infringement can be satisfied
through service of a section 337 complaint.
See Commission Opinion in Certain
Television Sets, Television Receives,
Television Tuners, and Components Thereof,
Inv. No. 337–TA–910, at 41–43 (public
version dated Oct. 30, 2015). Please explain
how that determination impacts the issues of
contributory and induced infringement in
this investigation.
The parties have been invited to brief
only the discrete issue described above,
with reference to the applicable law and
evidentiary record. The parties are not
to brief other issues on review, which
are adequately presented in the parties’
existing filings.
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 a cease
and desist order that could result in the
respondent 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 (December 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 a cease and
desist order would have on (1) the
public health and welfare, (2)
competitive conditions in the U.S.
VerDate Sep<11>2014
22:10 Nov 13, 2015
Jkt 238001
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 FR 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 the issue
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. The
complainants and the Commission
Investigative Attorney are also requested
to submit proposed remedial orders for
the Commission’s consideration. The
complainants are additionally requested
to state the date that the ’320 patent
expires, the HTSUS numbers under
which the accused products are
imported, and to supply a list of known
importers of the products at issue. The
entirety of the parties’ written
submissions must not exceed 50 pages,
and must be filed no later than close of
business on November 20, 2015. Reply
submissions must not exceed 25 pages,
and must be filed no later than the close
of business on December 1, 2015. 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 § 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–929’’) in a prominent place on the
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
70835
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 (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
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: November 9, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–28893 Filed 11–13–15; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—High Density Packaging
User Group International, Inc.
Notice is hereby given that, on
October 15, 2015, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), High
Density Packaging User Group
International, Inc. (‘‘HDPUG’’) has filed
written notifications simultaneously
with the Attorney General and the
Federal Trade Commission disclosing
changes in its membership. The
notifications were filed for the purpose
of extending the Act’s provisions
limiting the recovery of antitrust
plaintiffs to actual damages under
specified circumstances. Specifically,
Hangzhou H3C Technologies Co., Ltd.,
Hangzhou City, PEOPLE’S REPUBLIC
E:\FR\FM\16NON1.SGM
16NON1
]]>Agencies
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Notices]
[Pages 70834-70835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28893]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-929]
Certain Beverage Brewing Capsules, Components Thereof, and
Products Containing the Same; Commission Determination To Review in
Part a Final Initial Determination Finding No Violation; Schedule for
Briefing on the Issues Under Review and on Remedy, the 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 a final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ''), finding no violation of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-5468. 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 September 9, 2014, based on a complaint filed by Adrian Rivera of
Whittier, California, and Adrian Rivera Maynez Enterprises, Inc., of
Santa Fe Springs, California (together, ``ARM''). 79 FR 53445-46. The
complaint alleges violations of section 337 of the Tariff Act of 1930,
as amended, 19 U.S.C. 1337, in the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain beverage brewing capsules, components thereof,
and products containing the same that infringe claims 5-8 and 18-20 of
U.S. Patent No. 8,720,320 (``the '320 patent''). Id. at 53445. The
Commission's notice of investigation named as respondents Solofill LLC
of Houston, Texas (``Solofill''); DongGuan Hai Rui Precision Mould Co.,
Ltd. of Dong Guan City, China (``DongGuan''); Eko Brands, LLC (``Eko
Brands''), of Woodinville, Washington; Evermuch Technology Co., Ltd.,
of Hong Kong, China and Ever Much Company Ltd. of Shenzhen, China
(together, ``Evermuch''); Melitta USA, Inc. (``Melitta''), of North
Clearwater, Florida; LBP Mfg., Inc. of Cicero, Illinois and LBP
Packaging (Shenzhen) Co. Ltd. of Shenzhen, China (together, ``LBP'');
Spark Innovators Corp. (``Spark''), of Fairfield, New Jersey; B.
Marlboros International Ltd. (HK) (``B. Marlboros'') of Hong Kong,
China; and Amazon.com, Inc. (``Amazon'') of Seattle, Washington. The
Office of Unfair Import Investigations was also named as a party to the
investigation. Id.
The Commission terminated the investigation with respect to
Melitta, Spark, LBP, and B. Marlboros based on the entry of consent
orders and terminated the investigation with respect to Amazon based on
a settlement agreement. Notice (Dec. 18, 2014); Notice (Jan. 13, 2015);
Notice (Mar. 27, 2015); Notice (Apr. 10, 2015). The Commission also
found Eko Brands and Evermuch in default for failing to respond to the
complaint and notice of investigation. Notice (May 18, 2015).
Accordingly, Solofill and DongGuan (together, ``Respondents'') were the
only respondents actively participating in the investigation at the
time of the issuance of the final ID.
On September 4, 2015, the ALJ issued his final ID finding no
violation of section 337. The ID found that ARM had established every
element for finding a violation of section 337 except for infringement.
The ID found that Respondents were not liable for direct infringement
because direct infringement required the combination of Respondents'
products with a third-party single serve beverage brewer, and that
Respondents were not liable for induced or contributory infringement
because they did not have pre-suit knowledge of the '320 patent. The ID
did find that Respondents' products directly infringed when combined
with a third-party single serve coffee brewer, that the asserted claims
have not been shown invalid by clear and convincing evidence, and that
ARM satisfied both the technical and economic prongs of the domestic
industry requirement. The ALJ also issued his recommendation on remedy
and bonding along with his ID.
On September 21, 2015, Complainants petitioned for review of the
ID's findings that Respondents were not liable for induced and
contributory infringement because of a lack of pre-suit knowledge, and
Respondents petitioned for review of several of the ID's findings. On
September 29, 2015, the parties opposed each other's petitions, and the
Commission Investigative Attorney opposed both petitions.
Having examined the record of this investigation, including the
ALJ's final ID, the petitions for review, and the responses thereto,
the Commission has determined to review the final ID in part.
Specifically the Commission has determined to review the following: (1)
The ID's findings on the construction, infringement, and technical
prong of the domestic industry requirement for the limitation ``a
needle-like structure,
[[Page 70835]]
disposed below the base''; (2) the ID's findings on induced and
contributory infringement; (3) the ID's findings that the asserted
claims are not invalid for a lack of written description, as
anticipated by Beaulieu and the APA, or as obvious; and (4) the ID's
findings on the economic prong of the domestic industry requirement.
The Commission has determined not to review the remaining findings in
the ID.
In connection with its review, the Commission is interested in
briefing only on the following issue:
The Commission recently determined that the ``knowledge of the
patent'' element for contributory infringement can be satisfied
through service of a section 337 complaint. See Commission Opinion
in Certain Television Sets, Television Receives, Television Tuners,
and Components Thereof, Inv. No. 337-TA-910, at 41-43 (public
version dated Oct. 30, 2015). Please explain how that determination
impacts the issues of contributory and induced infringement in this
investigation.
The parties have been invited to brief only the discrete issue
described above, with reference to the applicable law and evidentiary
record. The parties are not to brief other issues on review, which are
adequately presented in the parties' existing filings.
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 a cease and desist order that could result in the respondent
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 (December 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 a cease and desist order 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 FR 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 the issue 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. The complainants and the Commission Investigative
Attorney are also requested to submit proposed remedial orders for the
Commission's consideration. The complainants are additionally requested
to state the date that the '320 patent expires, the HTSUS numbers under
which the accused products are imported, and to supply a list of known
importers of the products at issue. The entirety of the parties'
written submissions must not exceed 50 pages, and must be filed no
later than close of business on November 20, 2015. Reply submissions
must not exceed 25 pages, and must be filed no later than the close of
business on December 1, 2015. 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 Sec. 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-929'') 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 (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 any confidential filing. All non-confidential
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: November 9, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-28893 Filed 11-13-15; 8:45 am]
BILLING CODE 7020-02-P
