Certain Single-Molecule Nucleic Acid Sequencing Systems and Reagents, Consumables, and Software for Use With Same Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Amend the Complaint and Notice of Investigation, 15236-15237 [2017-05999]
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Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices
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. 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. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel,2 solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.3
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of §§ 201.10 and 210.8(c) of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: March 21, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–05936 Filed 3–24–17; 8:45 am]
asabaliauskas on DSK3SPTVN1PROD with NOTICES
BILLING CODE 7020–02–P
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1032]
Certain Single-Molecule Nucleic Acid
Sequencing Systems and Reagents,
Consumables, and Software for Use
With Same Commission Determination
Not To Review an Initial Determination
Granting an Unopposed Motion To
Amend the Complaint and Notice of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 6) granting an unopposed
motion to add allegations of violation of
section 337 through the sale for
importation, importation, or sale after
importation into the United States of
articles that infringe certain claims of
U.S. Patent No. 9,542,527.
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. Hearingimpaired 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 December 8, 2016, based on a
complaint filed by Pacific Biosciences of
California, Inc. of Menlo Park, California
(‘‘PacBio’’). 81 FR 88703–04 (Dec. 8,
2016). 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 single-molecule nucleic acid
sequencing systems and reagents,
SUMMARY:
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consumables, and software for use with
same by reason of infringement of
certain claims of U.S. Patent No.
9,404,146 (‘‘the ’146 patent’’). Id. at
88704. The notice of investigation
named as respondents Oxford Nanopore
Technologies Ltd. of Oxford, United
Kingdom; Oxford Nanopore
Technologies, Inc. of Cambridge,
Massachusetts; and Metrichor, Ltd. of
Oxford, United Kingdom (collectively,
‘‘Respondents’’). Id. The Office of Unfair
Import Investigations (‘‘OUII’’) also was
named as a party to the investigation. Id.
On February 3, 2017, PacBio filed a
motion to amend the complaint and
notice of investigation to add allegations
of violation of section 337 through the
sale for importation, importation, or sale
after importation into the United States
of articles that infringe claims 1 and 3–
11 of U.S. Patent No. 9,542,527 (‘‘the
’527 patent’’). Specifically, PacBio
sought to add allegations that
Respondents directly infringe,
contributorily infringe, and/or induce
the infringement of the asserted claims
of the ’527 patent. Respondents and
OUII did not oppose the motion.
On February 21, 2017, the presiding
administrative law judge (‘‘ALJ’’) issued
an ID, Order No. 6, granting the motion
to amend the complaint and notice of
investigation. The ALJ found good cause
for the amendment. The ALJ found that
PacBio could not have asserted the ’527
patent when it filed the original
complaint because the ’527 patent was
issued after institution of the
investigation, and that PacBio sought to
add the allegations relating to the ’527
patent soon after its issuance. The ALJ
also found that the amendment would
not prejudice the public interest or the
parties. The ALJ found that (1) the ’527
patent involves the same technology as
the ’146 patent; (2) the ’527 and ’146
patents are related, claim priority to the
same provisional application, name the
same inventors, and share a
substantially identical specification; and
(3) PacBio represents that the accused
products and domestic industry
products for the ’527 and ’146 patents
are identical, obviating the need for
excessive additional discovery. The ALJ
also found that the amendment was in
the public interest because litigating the
’527 and ’146 patents in separate
investigations would waste judicial and
public resources. No petitions for
review of the ID were filed.
The Commission has determined not
to review the subject ID.
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
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Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Notices
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: March 22, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–05999 Filed 3–24–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1014]
Certain Composite Intermediate Bulk
Containers; Commission
Determination Not To Review an Initial
Determination Terminating the
Investigation Based on the Withdrawal
of the Complaint; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) has
determined not to review a February 22,
2017, initial determination (‘‘ID’’)
(Order No. 13) granting an unopposed
motion to terminate the investigation
based on the withdrawal of the
complaint. This investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Ron
Traud, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street SW., Washington, DC
20436, telephone (202) 205–3427.
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 Information System
(‘‘EDIS’’) (https://edis.usitc.gov).
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: On July
27, 2016, the Commission instituted this
investigation based on a complaint filed
¨
by Schutz Container Systems Inc.
¨
(‘‘Schutz’’) of North Branch, New Jersey.
81 FR 49265. The complaint alleges
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’) based upon the
importation into the United States or
sale of certain composite intermediate
bulk containers by reason of
infringement of certain trade dress, the
threat or effect of which is to
substantially destroy or injure a
domestic industry. Id. The
Commission’s Notice of Investigation
named as the sole respondent Zhenjiang
Runzhou Jinshan Packaging Factory
(‘‘Zhenjiang’’) of Hengshun Zhenjiang,
China. Id. The Office of Unfair Import
Investigations was also named as a party
to this investigation. Id.
On February 22, 2017, the
administrative law judge (‘‘ALJ’’) issued
Order No. 13, the subject ID, which
granted an unopposed motion filed by
¨
Schutz to terminate the investigation
based on the withdrawal of the
complaint. The ALJ found that the
motion complied with the
Commission’s rules for the termination
of investigations, that no extraordinary
circumstances prevented the
termination of the investigation, and
that termination of the investigation is
in the public interest. No party filed a
petition seeking review of the subject
ID.
The Commission has determined not
to review the subject ID. This
investigation is terminated.
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: March 22, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–05955 Filed 3–24–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–560]
Generalized System of Preferences:
Possible Modifications, 2016 Review
United States International
Trade Commission.
ACTION: Change in scope of investigation
following withdrawal of several requests
for competitive need waivers.
AGENCY:
Following receipt of a letter
on behalf of the Acting United States
Trade Representative (USTR) dated
February 17, 2017, advising that several
SUMMARY:
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15237
petitioners have withdrawn requests for
waivers of the competitive need
limitation under the Generalized System
of Preferences (GSP) program and that
USTR accordingly was withdrawing its
request for advice regarding such
petitions, the U.S. International Trade
Commission (Commission) has
amended the scope of its investigation
and will not provide advice regarding
the withdrawn petitions.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the United States
International Trade Commission
Building, 500 E Street SW., Washington,
DC. All written submissions should be
addressed to the Secretary, United
States International Trade Commission,
500 E Street SW., Washington, DC
20436. 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:
Information specific to this investigation
may be obtained from Renee Berry,
Project Leader, Office of Industries
(202–205–3498 or renee.berry@
usitc.gov), Sabina Neumann, Deputy
Project Leader, Office of Industries
(202–205–3000 or sabina.neuman@
usitc.gov), or Marin Weaver, Technical
Advisor, Office of Industries (202–205–
3461 or marin.weaver@usitc.gov). For
information on the legal aspects of this
investigation, contact William Gearhart
of the Commission’s Office of the
General Counsel (202–205–3091 or
william.gearhart@usitc.gov). The media
should contact Margaret O’Laughlin,
Office of External Relations (202–205–
1819 or margaret.olaughlin@usitc.gov).
Hearing-impaired individuals may
obtain information on this matter by
contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
Web site (https://www.usitc.gov). 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.
SUPPLEMENTARY INFORMATION:
Background: The February 17, 2017,
letter from USTR advised the
Commission that several petitioners
have withdrawn requests for waivers of
the competitive need limitation (CNL)
under the GSP program, and that in
view of the withdrawals, USTR was
withdrawing its request for Commission
advice as to whether any industry in the
United States is likely to be adversely
affected by the waiver of the CNLs,
whether like or directly competitive
products were being produced in the
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Agencies
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Notices]
[Pages 15236-15237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05999]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1032]
Certain Single-Molecule Nucleic Acid Sequencing Systems and
Reagents, Consumables, and Software for Use With Same Commission
Determination Not To Review an Initial Determination Granting an
Unopposed Motion To Amend the Complaint and Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 6) granting an unopposed motion to add allegations
of violation of section 337 through the sale for importation,
importation, or sale after importation into the United States of
articles that infringe certain claims of U.S. Patent No. 9,542,527.
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 December 8, 2016, based on a complaint filed by Pacific Biosciences
of California, Inc. of Menlo Park, California (``PacBio''). 81 FR
88703-04 (Dec. 8, 2016). 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 single-
molecule nucleic acid sequencing systems and reagents, consumables, and
software for use with same by reason of infringement of certain claims
of U.S. Patent No. 9,404,146 (``the '146 patent''). Id. at 88704. The
notice of investigation named as respondents Oxford Nanopore
Technologies Ltd. of Oxford, United Kingdom; Oxford Nanopore
Technologies, Inc. of Cambridge, Massachusetts; and Metrichor, Ltd. of
Oxford, United Kingdom (collectively, ``Respondents''). Id. The Office
of Unfair Import Investigations (``OUII'') also was named as a party to
the investigation. Id.
On February 3, 2017, PacBio filed a motion to amend the complaint
and notice of investigation to add allegations of violation of section
337 through the sale for importation, importation, or sale after
importation into the United States of articles that infringe claims 1
and 3-11 of U.S. Patent No. 9,542,527 (``the '527 patent'').
Specifically, PacBio sought to add allegations that Respondents
directly infringe, contributorily infringe, and/or induce the
infringement of the asserted claims of the '527 patent. Respondents and
OUII did not oppose the motion.
On February 21, 2017, the presiding administrative law judge
(``ALJ'') issued an ID, Order No. 6, granting the motion to amend the
complaint and notice of investigation. The ALJ found good cause for the
amendment. The ALJ found that PacBio could not have asserted the '527
patent when it filed the original complaint because the '527 patent was
issued after institution of the investigation, and that PacBio sought
to add the allegations relating to the '527 patent soon after its
issuance. The ALJ also found that the amendment would not prejudice the
public interest or the parties. The ALJ found that (1) the '527 patent
involves the same technology as the '146 patent; (2) the '527 and '146
patents are related, claim priority to the same provisional
application, name the same inventors, and share a substantially
identical specification; and (3) PacBio represents that the accused
products and domestic industry products for the '527 and '146 patents
are identical, obviating the need for excessive additional discovery.
The ALJ also found that the amendment was in the public interest
because litigating the '527 and '146 patents in separate investigations
would waste judicial and public resources. No petitions for review of
the ID were filed.
The Commission has determined not to review the subject ID.
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
[[Page 15237]]
Practice and Procedure (19 CFR part 210).
By order of the Commission.
Issued: March 22, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-05999 Filed 3-24-17; 8:45 am]
BILLING CODE 7020-02-P