Certain Carbon Spine Board, Cervical Collar, CPR Masks and Various Medical Training Manikin Devices, and Trademarks, Copyrights of Product Catalogues, Product Inserts and Components Thereof; Institution of Investigation, 41349-41350 [2016-14909]
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sradovich on DSK3GDR082PROD with NOTICES
Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
Secretary for those parties authorized to
receive BPI under the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on October 4, 2016,
and a public version will be issued
thereafter, pursuant to section 207.22 of
the Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Tuesday, October 18,
2016, at the U.S. International Trade
Commission Building. Requests to
appear at the hearing should be filed in
writing with the Secretary to the
Commission on or before October 12,
2016. A nonparty who has testimony
that may aid the Commission’s
deliberations may request permission to
present a short statement at the hearing.
All parties and nonparties desiring to
appear at the hearing and make oral
presentations should participate in a
prehearing conference to be held on
October 17, 2016, at the U.S.
International Trade Commission
Building, if deemed necessary. Oral
testimony and written materials to be
submitted at the public hearing are
governed by sections 201.6(b)(2),
201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of section 207.23 of the
Commission’s rules; the deadline for
filing is October 11, 2016. Parties may
also file written testimony in connection
with their presentation at the hearing, as
provided in section 207.24 of the
Commission’s rules, and posthearing
briefs, which must conform with the
provisions of section 207.25 of the
Commission’s rules. The deadline for
filing posthearing briefs is October 25,
2016. In addition, any person who has
not entered an appearance as a party to
the investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petitions, on or before
October 25, 2016. On November 10,
2016, the Commission will make
available to parties all information on
which they have not had an opportunity
to comment. Parties may submit final
comments on this information on or
before November 14, 2016, but such
final comments must not contain new
factual information and must otherwise
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comply with section 207.30 of the
Commission’s rules. All written
submissions must conform with the
provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s Handbook on
E-Filing, available on the Commission’s
Web site at https://edis.usitc.gov,
elaborates upon the Commission’s rules
with respect to electronic filing.
Additional written submissions to the
Commission, including requests
pursuant to section 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with sections 201.16(c)
and 207.3 of the Commission’s rules,
each document filed by a party to the
investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: June 21, 2016.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2016–14977 Filed 6–23–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1008]
Certain Carbon Spine Board, Cervical
Collar, CPR Masks and Various
Medical Training Manikin Devices, and
Trademarks, Copyrights of Product
Catalogues, Product Inserts 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
March 21, 2016, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Laerdal
SUMMARY:
PO 00000
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41349
Medical Corp. of Wappingers Falls, New
York and Laerdal Medical AS of
Stavanger, Norway. An amended
complaint was filed on May 18, 2016. A
supplement to the amended complaint
was filed on June 7, 2016. The
complaint, as amended and
supplemented, 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 carbon spine board, cervical
collar, CPR masks and various medical
training manikin devices, and
trademarks, copyrights of product
catalogues, product inserts and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 6,090,058 (‘‘the ’058 patent’’);
certain claims of U.S. Patent No.
6,170,486 (‘‘the ’486 patent’’); U.S.
Copyright Registration No. VA 1–879–
023 (‘‘the ’023 copyright’’); U.S.
Copyright Registration No. VA 1–879–
026 (‘‘the ’026 copyright’’), U.S.
Trademark Registration No. 3,735,147
(‘‘the ’147 trademark’’); and U.S.
Trademark Registration No. 3,476,656
(‘‘the ’656 trademark’’), and that an
industry in the United States exists as
required by section (a)(2) of section 337.
The amended complaint further alleges
violations of section 337 based upon the
importation into the United States, or in
the sale of certain carbon spine board,
cervical collar, CPR masks and various
medical training manikin devices, and
trademarks, copyrights of product
catalogues, product inserts and
components thereof by reason of
common law trademark infringement
and trade dress misappropriation and
infringement, the threat or effect of
which is to destroy or substantially
injure an industry in the United States.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue a
general exclusion order, or in the
alternative, a limited 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
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41350
Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Notices
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.
sradovich on DSK3GDR082PROD with NOTICES
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
(2016).
Scope of Investigation: Having
considered the complaint, as amended,
the U.S. International Trade
Commission, on June 20, 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:
(a) Whether there is a violation of
subsection (a)(1)(A) of section 337 in the
importation into the United States, or in
the sale of certain carbon spine board,
cervical collar, CPR masks and various
medical training manikin devices, and
trademarks, copyrights of product
catalogues, product inserts and
components thereof by reason of trade
dress misappropriation and
infringement, the threat or effect of
which is to destroy or substantially
injure an industry in the United States;
(b) 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 carbon spine board, cervical
collar, CPR masks and various medical
training manikin devices, and
trademarks, copyrights of product
catalogues, product inserts and
components thereof by reason of
infringement of one or more of claim 1
of the ’058 patent; the ’023 copyright;
and the ’026 copyright, and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337;
(c) 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 carbon spine board, cervical
collar, CPR masks and various medical
training manikin devices, and
trademarks, copyrights of product
catalogues, product inserts and
VerDate Sep<11>2014
17:43 Jun 23, 2016
Jkt 238001
components thereof by reason of
infringement of the ’656 trademark, 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:
Laerdal Medical Corp., 167 Myers
Corners Road, Wappingers Falls, NY
12590
Laerdal Medical AS, 30 Tanke
Svilandsgate, Stavanger, Norway N–
4002
(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:
Shanghai Evenk International Trading
Co., Ltd., Aijia International Building,
#288 Wuhua Road, Bldg. No. 1, 5th
Floor, Shanghai, China, 200086
Shanghai Honglian Medical Instrument,
Development Co., Ltd., Aijia
International Building, #288 Wuhua
Road, Bldg. No. 1, 5th Floor,
Shanghai, China, 200086
Shangahi Jolly Medical Education Co.,
Ltd., # 8 Jinting Road, Pudong New
Area, Shanghai, China 201323
Zhangjiagang Xiehe Medical Apparatus
& Instruments Co., Ltd., FuGang
Building, #6B RenMin Street,
Zhangjiagang City, Jiangsu, China
215600
Zhangjiagang New Fellow Med Co.,
Ltd., Sanxing Wukesong Road, Jinfeng
Town, Zhangjiagang City, Jiangsu
Province, China 215624
Jiangsu Yongxin Medical Equipment
Co., Ltd., 204 New State Road, Leyu
Town, Zhangjiagang City, Jiangsu
Province, China 2156000
Jiangsu Yongxin Medical-Use Facilities
Making, Co., Ltd., 204 New State
Road, Leyu Town, Zhangjiagang City,
Jiangsu Provice, China 2156000
Jiangyin Everise Medical Devices Co.,
Ltd., No. 1001 Chengyang Road,
Jiangyin City, Jiangsu, China 214423
Medsource International Co., Ltd. and
Medsource Factory, Inc., No. 1703
Building 11#, Lane 225, Jinxiang
Road, PuDong, China 201206
Basic Medical Supply, LLC, 19902 Flax
Flower Drive, Richmond, TX 77407
(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.
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Sfmt 4703
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: June 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–14909 Filed 6–23–16; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Resource
Conservation and Recovery Act
On June 20, 2016, the Department of
Justice lodged a proposed consent
decree with the United States District
Court for the Northern District of
Georgia in the lawsuit entitled United
States and State of Georgia v. Metal
Conversion Technologies, LLC, et al.,
Civil Action No. 4:16–cv–00168–HLM.
The United States of America
(‘‘United States’’), on behalf of the
Administrator of the United States
Environmental Protection Agency
(‘‘EPA’’), and the State of Georgia on
behalf of the Environmental Protection
Division of the Georgia Department of
Natural Resources, (‘‘State’’)
(collectively, ‘‘Plaintiffs), filed a
complaint against Metal Conversion
Technologies, LLC, John Patterson, and
1 Porter Street, LLC (‘‘Defendants’’)
E:\FR\FM\24JNN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Notices]
[Pages 41349-41350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14909]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1008]
Certain Carbon Spine Board, Cervical Collar, CPR Masks and
Various Medical Training Manikin Devices, and Trademarks, Copyrights of
Product Catalogues, Product Inserts 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 March 21, 2016, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Laerdal Medical Corp. of Wappingers Falls, New York and Laerdal Medical
AS of Stavanger, Norway. An amended complaint was filed on May 18,
2016. A supplement to the amended complaint was filed on June 7, 2016.
The complaint, as amended and supplemented, 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 carbon spine board, cervical collar, CPR masks
and various medical training manikin devices, and trademarks,
copyrights of product catalogues, product inserts and components
thereof by reason of infringement of certain claims of U.S. Patent No.
6,090,058 (``the '058 patent''); certain claims of U.S. Patent No.
6,170,486 (``the '486 patent''); U.S. Copyright Registration No. VA 1-
879-023 (``the '023 copyright''); U.S. Copyright Registration No. VA 1-
879-026 (``the '026 copyright''), U.S. Trademark Registration No.
3,735,147 (``the '147 trademark''); and U.S. Trademark Registration No.
3,476,656 (``the '656 trademark''), and that an industry in the United
States exists as required by section (a)(2) of section 337. The amended
complaint further alleges violations of section 337 based upon the
importation into the United States, or in the sale of certain carbon
spine board, cervical collar, CPR masks and various medical training
manikin devices, and trademarks, copyrights of product catalogues,
product inserts and components thereof by reason of common law
trademark infringement and trade dress misappropriation and
infringement, the threat or effect of which is to destroy or
substantially injure an industry in the United States.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative, a limited 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
[[Page 41350]]
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.
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 (2016).
Scope of Investigation: Having considered the complaint, as
amended, the U.S. International Trade Commission, on June 20, 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:
(a) Whether there is a violation of subsection (a)(1)(A) of section
337 in the importation into the United States, or in the sale of
certain carbon spine board, cervical collar, CPR masks and various
medical training manikin devices, and trademarks, copyrights of product
catalogues, product inserts and components thereof by reason of trade
dress misappropriation and infringement, the threat or effect of which
is to destroy or substantially injure an industry in the United States;
(b) 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 carbon spine board, cervical collar, CPR masks and various
medical training manikin devices, and trademarks, copyrights of product
catalogues, product inserts and components thereof by reason of
infringement of one or more of claim 1 of the '058 patent; the '023
copyright; and the '026 copyright, and whether an industry in the
United States exists as required by subsection (a)(2) of section 337;
(c) 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 carbon spine board, cervical collar, CPR masks and various
medical training manikin devices, and trademarks, copyrights of product
catalogues, product inserts and components thereof by reason of
infringement of the '656 trademark, 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:
Laerdal Medical Corp., 167 Myers Corners Road, Wappingers Falls, NY
12590
Laerdal Medical AS, 30 Tanke Svilandsgate, Stavanger, Norway N-4002
(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:
Shanghai Evenk International Trading Co., Ltd., Aijia International
Building, #288 Wuhua Road, Bldg. No. 1, 5th Floor, Shanghai, China,
200086
Shanghai Honglian Medical Instrument, Development Co., Ltd., Aijia
International Building, #288 Wuhua Road, Bldg. No. 1, 5th Floor,
Shanghai, China, 200086
Shangahi Jolly Medical Education Co., Ltd., # 8 Jinting Road, Pudong
New Area, Shanghai, China 201323
Zhangjiagang Xiehe Medical Apparatus & Instruments Co., Ltd., FuGang
Building, #6B RenMin Street, Zhangjiagang City, Jiangsu, China 215600
Zhangjiagang New Fellow Med Co., Ltd., Sanxing Wukesong Road, Jinfeng
Town, Zhangjiagang City, Jiangsu Province, China 215624
Jiangsu Yongxin Medical Equipment Co., Ltd., 204 New State Road, Leyu
Town, Zhangjiagang City, Jiangsu Province, China 2156000
Jiangsu Yongxin Medical-Use Facilities Making, Co., Ltd., 204 New State
Road, Leyu Town, Zhangjiagang City, Jiangsu Provice, China 2156000
Jiangyin Everise Medical Devices Co., Ltd., No. 1001 Chengyang Road,
Jiangyin City, Jiangsu, China 214423
Medsource International Co., Ltd. and Medsource Factory, Inc., No. 1703
Building 11#, Lane 225, Jinxiang Road, PuDong, China 201206
Basic Medical Supply, LLC, 19902 Flax Flower Drive, Richmond, TX 77407
(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: June 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-14909 Filed 6-23-16; 8:45 am]
BILLING CODE 7020-02-P
