Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Institution of Investigation, 31255-31256 [2016-11667]
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sradovich on DSK3TPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices
United States after importation of
certain sleep-disordered breathing
treatment systems and components
thereof that infringe one or more of
claims 32–37, 53, 79, 80, and 88 of U.S.
Patent No. 7,997,267 (‘‘the ’267 patent’’);
claims 1–7 of U.S. Patent No. 7,614,398
(‘‘the ’398 patent’’); claim 1 of U.S.
Patent No. 7,938,116 (‘‘the ’116 patent’’);
claims 30, 37, and 38 of U.S. Patent No.
7,341,060 (the ’060 patent); claims 1, 3,
5, 11, 28, 30, 31, and 56 of U.S. Patent
No. 8,312,883 (‘‘the ’883 patent’’);
claims 1, 3, 6, 7, 9, 29, 32, 35, 40, 42,
45, 50, 51, 56, 59, 89, 92, 94, and 96 of
U.S. Patent No. 7,178,527 (the ’527
patent); claims 19–24, 26, 29–36, and
39–41 of U.S. Patent No. 7,950,392 (the
’392 patent); and claims 13, 15, 16, 26–
28, 51, 52, and 55 of U.S. Patent No
7,926,487 (‘‘the ’487 patent’’). The
notice of investigation named the
following respondents: BMC Medical
Co., Ltd. of Beijing, China; 3B Medical,
Inc. of Lake Wales, Florida; and 3B
Products, L.L.C., of Lake Wales, Florida
(collectively ‘‘BMC’’). The Office of
Unfair Import Investigations (‘‘OUII’’)
participated in the investigation.
On January 9, 2014, the
Administrative Law Judge (‘‘ALJ’’)
issued an initial determination (‘‘ID’’)
granting a motion by ResMed to amend
the complaint and notice of
investigation to substitute U.S. Patent
No. RE 44,453 (‘‘the ’453 patent’’) for the
’398 patent and to terminate the
investigation as to the ’398 patent. See
Order No. 7 (Jan. 9, 2014). The
Commission determined not to review
the ID. See Commission Notice of NonReview (Feb. 10, 2014); 79 FR 9000–01
(Feb. 14, 2014).
On February 24, 2014, the ALJ issued
an ID granting a motion by ResMed to
withdraw its allegations with respect to
the ’116 patent. See Order No. 11 (Feb.
24, 2014). The Commission determined
not to review the ID. See Commission
Notice of Non-Review (March 11, 2014).
On March 18, 2014, the ALJ granted a
motion by ResMed to terminate the
investigation as to claims 26–28 of the
’487 Patent. See Order No. 20 (Mar 18,
2012). The Commission determined not
to review the ID. See Commission
Notice of Non-Review (Apr. 29, 2014).
On August 21, 2014, the ALJ issued
his final ID, finding a violation of
section 337 by BMC with respect to
certain asserted claims of the ’392, ’267,
’060, ’883, ’527, and ’453 patents. The
ALJ found no violation of section 337
with respect to the asserted claims of
the ’487 patent.
On September 3, 2014, the parties
filed petitions for review of the ID. On
September 11, 2014, the parties filed
responses to the petitions for review.
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17:10 May 17, 2016
Jkt 238001
On October 16, 2014, the Commission
determined to review the final ID in
part. 79 FR 63163–65 (Oct. 22, 2014).
On review, the Commission determined
to affirm the ALJ’s finding of violation
of section 337. The Commission,
however, found the ’453 patent invalid
for anticipation. Having found a
violation of section 337, the
Commission determined that the
appropriate form of relief was (1) a
limited exclusion order prohibiting the
unlicensed entry of sleep-disordered
breathing treatment systems and
components thereof that infringe one or
more of claims 1, 9, 32, 89, and 92 of
the ’527 patent; claims 19, 21, 29, 32,
and 36 of the ’392 patent; claims 32, 33,
34, and 53 of the ’267 patent; claims 30,
37, and 38 of the ’060 patent; and claims
1, 3, 5, 11, 28, 30, 31, and 56 of the ’883
patent that are manufactured by, or on
behalf of, or are imported by or on
behalf of BMC Medical Co., Ltd., 3B
Medical, Inc., or 3B Products L.L.C. or
any of their affiliated companies,
parents, subsidiaries, agents, or other
related business entities, or their
successors or assigns, except for service
and replacement parts for customers
that purchased their covered products
prior to the date the exclusion order
becomes final; and (2) cease and desist
orders prohibiting domestic respondents
BMC Medical Co., Ltd., 3B Medical, Inc.
from conducting any of the following
activities in the United States:
Importing, selling, marketing,
advertising, distributing, transferring
(except for exportation), and soliciting
U.S. agents or distributors for, sleepdisordered breathing treatment systems
and components thereof covered by
claims 1, 9, 32, 89, and 92 of the ’527
patent; claims 19, 21, 29, 32, and 36 of
the ’392 patent; claims 32, 33, 34, and
53 of the ’267 patent; claims 30, 37, and
38 of the ’060 patent; and claims 1, 3,
5, 11, 28, 30, 31, and 56 of the ’883
patent.
On February 18, 2015, ResMed filed a
notice of appeal in the U.S. Court of
Appeals for the Federal Circuit, seeking
review of the Commission’s
determination as to the ’453 patent
(Appeal No. 2015–1360). On April 14,
2015, BMC filed a notice of appeal in
the Federal Circuit, seeking review of
the Commission’s domestic industry
determination as well as the
Commission’s finding that prior art does
not render the asserted claims of the
’267 patent invalid for obviousness
(Appeal No. 2015–1576). The Court
consolidated the two appeals on April
23, 2015.
On March 16, 2016, the parties jointly
moved to dismiss ResMed’s appeal as to
the ’453 patent. On March 17, 2016, the
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31255
Commission moved to remand BMC’s
appeal in light of intervening domestic
industry precedent in Lelo Inc. v.
International Trade Commisson, 789
F.3d 879 (Fed. Cir. 2015). On March 29,
2016, the Court granted the motion
dismiss ResMed’s appeal. On April 22,
2016, the Court granted the
Commission’s remand motion, noting
the Commission’s indication that it
would suspend its remedial orders as it
conducts its remand proceedings.
The Commission has determined to
suspend the remedial orders issued in
this investigation pending the outcome
of the remand.
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: May 12, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–11638 Filed 5–17–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–997]
Certain Sleep-Disordered Breathing
Treatment Systems and Components
Thereof; Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
April 14, 2016, under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of ResMed Corp.
of San Diego, California; ResMed Inc. of
San Diego, California; and ResMed Ltd.
of Australia. A corrected complaint was
filed on April 18, 2016, and a
supplement was filed on April 19, 2016.
The corrected complaint alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain sleeping-disordered breathing
treatment systems and components
thereof by reason of infringement of
certain claims of U.S. Patent No.
RE44,453 (‘‘the ’453 patent’’); U.S.
Patent No. 8,020,551 (‘‘the ’551 patent’’);
U.S. Patent No. 8,006,691 (‘‘the ’691
patent’’); and U.S. Patent No. 9,072,860
(‘‘the ’860 patent’’). The complaint
SUMMARY:
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sradovich on DSK3TPTVN1PROD with NOTICES
31256
Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street SW., Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: 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, and in section
210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10
(2015).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
May 11, 2016, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain sleepingdisordered breathing treatment systems
and components thereof by reason of
infringement of one or more of claims
23 and 24 of the ’453 patent; claims 1–
24 and 26–33 of the ’551 patent; claims
1–31, 40–43, 52–59, 61–67, 69–84, 86–
120, 122–158, 160, 161, 164, 165, 167,
168, and 173 of the ’691 patent; and
claims 16–30 of the ’860 patent, and
whether an industry in the United
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Jkt 238001
States exists 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:
ResMed Corp., 9001 Spectrum Center
Drive, San Diego, CA 92123
ResMed Inc., 9001 Spectrum Center
Drive, San Diego, CA 92123
ResMed Ltd., 1 Elizabeth Macarthur
Drive, Bella Vista NSW 2153,
Australia
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
BMC Medical Co., Ltd., 5/F Main
Building, No. 19 Gucheng Street West,
Shijingshan, Beijing 100043, China
3B Medical, Inc., 21301 US Highway 27,
Lake Wales, FL 33589
3B Products, L.L.C., 21301 US Highway
27, Lake Wales, FL 33589
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party in this investigation.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
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Issued: May 12, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–11667 Filed 5–17–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–282 (Fourth
Review)]
Petroleum Wax Candles from China
Determination
On the basis of the record 1 developed
in the subject five-year review, the
United States International Trade
Commission (‘‘Commission’’)
determines, pursuant to the Tariff Act of
1930, that revocation of the
antidumping duty order on petroleum
wax candles from China would be likely
to lead to continuation or recurrence of
material injury to an industry in the
United States within a reasonably
foreseeable time.
Background
The Commission, pursuant to section
751(c) of the Tariff Act of 1930 (19
U.S.C. 1675(c)), instituted this review
on December 1, 2015 (80 FR 75130) and
determined on March 7, 2016 that it
would conduct an expedited review (81
FR 15122, March 21, 2016).
The Commission made this
determination pursuant to section
751(c) of the Tariff Act of 1930 (19
U.S.C. 1675(c)). It completed and filed
its determination in this review on May
12, 2016. The views of the Commission
are contained in USITC Publication
4610 (May 2016), entitled Petroleum
Wax Candles from China: Investigation
No. 731–TA–282 (Fourth Review).
By order of the Commission.
Issued: May 12, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–11637 Filed 5–17–16; 8:45 am]
BILLING CODE 7020–02–P
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
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18MYN1
]]>Agencies
[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Pages 31255-31256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11667]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-997]
Certain Sleep-Disordered Breathing Treatment Systems and
Components Thereof; 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 April 14, 2016, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
ResMed Corp. of San Diego, California; ResMed Inc. of San Diego,
California; and ResMed Ltd. of Australia. A corrected complaint was
filed on April 18, 2016, and a supplement was filed on April 19, 2016.
The corrected complaint alleges violations of section 337 based upon
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain
sleeping-disordered breathing treatment systems and components thereof
by reason of infringement of certain claims of U.S. Patent No. RE44,453
(``the '453 patent''); U.S. Patent No. 8,020,551 (``the '551 patent'');
U.S. Patent No. 8,006,691 (``the '691 patent''); and U.S. Patent No.
9,072,860 (``the '860 patent''). The complaint
[[Page 31256]]
further alleges that an industry in the United States exists as
required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Room 112, Washington,
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: 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, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2015).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 11, 2016, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain sleeping-
disordered breathing treatment systems and components thereof by reason
of infringement of one or more of claims 23 and 24 of the '453 patent;
claims 1-24 and 26-33 of the '551 patent; claims 1-31, 40-43, 52-59,
61-67, 69-84, 86-120, 122-158, 160, 161, 164, 165, 167, 168, and 173 of
the '691 patent; and claims 16-30 of the '860 patent, and whether an
industry in the United States exists 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:
ResMed Corp., 9001 Spectrum Center Drive, San Diego, CA 92123
ResMed Inc., 9001 Spectrum Center Drive, San Diego, CA 92123
ResMed Ltd., 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153,
Australia
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
BMC Medical Co., Ltd., 5/F Main Building, No. 19 Gucheng Street West,
Shijingshan, Beijing 100043, China
3B Medical, Inc., 21301 US Highway 27, Lake Wales, FL 33589
3B Products, L.L.C., 21301 US Highway 27, Lake Wales, FL 33589
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: May 12, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-11667 Filed 5-17-16; 8:45 am]
BILLING CODE 7020-02-P
