Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 33513-33514 [2017-15200]
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Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
This notice corrects the minimum
number of individuals and number of
associated funerary objects published in
a Notice of Inventory Completion in the
Federal Register (66 FR 32845–32846,
June 18, 2001). A re-evaluation of the
inventory resulted in an increase in the
minimum number of individuals
removed from the Footprint site. The
total number of associated funerary
objects has been found to be incorrectly
calculated, though all funerary objects
are accounted for. Transfer of control of
the items in this correction notice has
not occurred.
Correction
In the Federal Register (66 FR 32845,
June 18, 2001), column 2, paragraph 2,
sentence 1 is corrected by substituting
the following sentence:
In 1964, human remains representing a
minimum of 43 individuals were recovered
during legally-authorized excavation by F.E.
Green of Texas Tech University at the
Footprint site, then under the management of
the U.S. Department of the Interior, Bureau
of Reclamation.
In the Federal Register (66 FR 32845,
June 18, 2001), column 3, paragraph 2,
sentences 1 and 2 are corrected by
substituting the following sentences:
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Based on the above-mentioned
information, the superintendent of Lake
Meredith National Recreation Area has
determined that, pursuant to 43 CFR 10.2
(d)(1), the human remains listed above
represent the physical remains of 49
individuals of Native American ancestry. The
superintendent of Lake Meredith National
Recreation Area also has determined that,
pursuant to 43 CFR 10.2 (d)(2), the 347
objects listed above are reasonably believed
to have been placed with or near individual
human remains at the time of death or later
as a part of a death rite or ceremony.
Additional Requestors and Disposition
Lineal descendants or representatives
of any Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to request transfer of control
of these human remains and associated
funerary objects should submit a written
request with information in support of
the request to Robert Maguire,
Superintendent, Lake Meredith National
Recreation Area, P.O. Box 1460, Fritch,
TX 79036, telephone (806) 857–3151,
email robert_maguire@nps.gov, by
August 21, 2017. After that date, if no
additional requestors have come
forward, transfer of control of the
human remains and associated funerary
objects to the Kiowa Indian Tribe of
Oklahoma, and the Wichita & Affiliated
Tribes (Wichita, Keechi, Waco &
Tawakonie), Oklahoma, may proceed.
Lake Meredith National Recreation
Area is responsible for notifying the
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18:50 Jul 19, 2017
Jkt 241001
Caddo Nation of Oklahoma; Cheyenne
and Arapaho Tribes, Oklahoma
(previously listed as the CheyenneArapaho Tribes of Oklahoma);
Comanche Nation, Oklahoma; Kiowa
Indian Tribe of Oklahoma; Pawnee
Nation of Oklahoma; Wichita and
Affiliated Tribes (Wichita, Keechi, Waco
& Tawakonie), Oklahoma; and the
Cohuiltecan Nation, an Indian group
that is not federally recognized, that this
notice has been published.
Dated: May 30, 2017.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2017–15217 Filed 7–19–17; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–989]
Certain Automated Teller Machines,
ATM Modules, Components Thereof,
and Products Containing the Same
Commission’s Final Determination
Finding a Violation of Section 337;
Issuance of a Limited Exclusion Order
and Cease and Desist Orders;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has found a violation of
section 337 in this investigation and has
issued a limited exclusion order
prohibiting importation of infringing
automated teller machines, ATM
modules, components thereof, and
products containing the same, as well as
issued cease and desist orders directed
to Diebold Nixdorf, Incorporated and
Diebold Self-Service Systems both of
North Canton, Ohio. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202–
205–3042. 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
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
33513
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 March 14, 2016, based on a
complaint filed by Nautilus Hyosung
Inc. of Seoul, Republic of Korea and
Nautilus Hyosung America Inc. of
Irving, Texas (collectively, ‘‘Nautilus’’).
81 FR 13149 (Mar. 14, 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 automated teller machines, ATM
modules, components thereof, and
products containing the same by reason
of infringement of one or more of claims
1–3 and 5 of U.S. Patent No. 7,891,551
(‘‘the ’551 patent’’); claims 1 and 6 of
U.S. Patent No. 7,950,655 (‘‘the ’655
patent’’); claims 1–4, 6, and 7 of U.S.
Patent No. 8,152,165 (‘‘the ’165 patent’’);
and claims 1–3, 6, 8, and 9 of U.S.
Patent No. 8,523,235 (‘‘the ’235 patent’’).
Id. The notice of investigation named
the following respondents: Diebold,
Incorporated of North Canton, Ohio and
Diebold Self-Service Systems of North
Canton, Ohio (collectively, ‘‘Diebold’’).
Id. The Office of Unfair Import
Investigations is not a party to the
investigation.
On June 30, 2016, the ALJ granted a
motion by Nautilus to terminate the
investigation as to all asserted claims of
the ’551 patent and the ’165 patent. See
Order No. 11 (June 30, 2016). The
Commission determined not to review
Order No. 11. See Notice of non-review
(July 27, 2016).
On July 21, 2016, the ALJ granted a
motion by Nautilus to terminate the
investigation as to all asserted claims of
the ’655 patent. See Order No. 17 (July
21, 2016). The Commission determined
not to review Order No. 17. See Notice
of non-review (Aug. 16, 2016).
On February 6, 2017, the ALJ granted
a motion to amend the complaint and
notice of investigation to reflect a
corporate name change of Diebold,
Incorporated to Diebold Nixdorf,
Incorporated. See Order No. 32 (Feb. 6,
2017). The Commission determined not
to review Order No. 32.
On March 13, 2017, the ALJ issued his
final ID, finding a violation of section
337 by Diebold in connection with
claims 1–3, 6, 8, and 9 of the ’235
patent. Specifically, the ID finds that the
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
33514
Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Notices
Commission has subject matter
jurisdiction, in rem jurisdiction over the
accused products, and in personam
jurisdiction over Diebold. ID at 9, 104–
107. The ID finds that Nautilus satisfied
the importation requirement of section
337 (19 U.S.C. 1337(a)(1)(B)). Id. The ID
finds that the accused products directly
infringe asserted claims 1–3, 6, 8, and 9
of the ’235 patent, and that Diebold
contributorily infringes those claims.
See ID at 111–160, 163–172. The ID,
however, finds that Diebold failed to
establish that the asserted claims of the
’235 patent are invalid for
indefiniteness, anticipation, or
obviousness. ID at 232–311. Finally, the
ID finds that Nautilus established the
existence of a domestic industry that
practices the asserted patent under 19
U.S.C. 1337(a)(2). See ID at 212.
The ALJ’s recommended
determination on remedy and bonding
issued concurrently with the final ID.
RD at 330–40. The ALJ recommends that
in the event the Commission finds a
violation of section 337, the
Commission should issue a limited
exclusion order prohibiting the
importation of Diebold’s automated
teller machines, ATM modules,
components thereof, and products
containing the same that infringe the
asserted claims of the ’235 patent. RD at
335. The ALJ also recommends issuance
of cease and desist orders based on the
presence of Diebold’s commercially
significant inventory in the United
States. RD at 338. With respect to the
amount of bond that should be posted
during the period of Presidential review,
the ALJ recommends that the
Commission set a bond in the amount
of zero (i.e., no bond) during the period
of Presidential review because Nautilus
‘‘did not attempt any type of price
comparison.’’ RD at 341.
On March 27, 2017, Diebold filed a
petition for review of the ID. On April
4, 2017, Nautilus filed a response to
Diebold’s petition for review.
On May 15, 2017, the Commission
determined to review the final ID in part
and requested the parties to brief certain
issues. See 82 FR 23064–66 (May 19,
2017). On May 25, 2017, the parties
filed submissions to the Commission’s
question and on remedy, the public
interest, and bonding. On June 1, 2017,
the parties filed reply submissions.
Having examined the record of this
investigation, including the final ID, and
the parties’ submissions, the
Commission has determined to (1)
affirm the ALJ’s finding that the accused
products and domestic industry
products satisfy the claim limitation
‘‘horizontally transfer sheets along the
main transfer path’’ and (2) reverse the
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18:50 Jul 19, 2017
Jkt 241001
ALJ’s finding that certain prior art does
not disclose the preamble to claim 1:
‘‘Automatic depositing apparatus for
automatically depositing a bundle of
banknotes including at least one
cheque.’’ The Commission adopts the
ID’s findings to the extent they are not
inconsistent with the Commission
opinion issued herewith.
Having found a violation of section
337 in this investigation, the
Commission has determined that the
appropriate form of relief is: (1) A
limited exclusion order prohibiting the
unlicensed entry of automated teller
machines, ATM modules, components
thereof, and products containing the
same that infringe one or more of claims
1–3, 6, 8, and 9 of the ’235 patent that
are manufactured on or behalf of, or
imported on or behalf of Diebold or any
of their affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns,
except under license of the patent
owner or as provided by law, and except
for service or repair articles imported for
use in servicing or repairing automated
teller machines, ATM modules,
components thereof, and products
containing the same, for identical
articles that were imported as of the
date of this Order. This exception does
not permit the importation of automated
teller machines to replace such articles
that were previously imported; and (2)
cease and desist orders prohibiting
Diebold 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,
automated teller machines, ATM
modules, components thereof, and
products containing the same covered
by one or more of claims 1–3, 6, 8, and
9 of the ’235 patent. The proposed cease
and desist orders include the following
exemptions: if in a written instrument,
the owner of the patents authorizes or
licenses such specific conduct, such
specific conduct is related to the
importation or sale of covered products
by or for the United States, or such
specific conduct is related to service or
repair articles imported for use in
servicing or repairing automated teller
machines, ATM modules, components
thereof, and products containing the
same, for identical articles that were
imported as of the date of this Order.
This exception does not permit the
importation of automated teller
machines to replace such articles that
were previously imported.
The Commission has also determined
that the public interest factors
enumerated in section 337(d) and (f) (19
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
U.S.C. 1337(d) and (f)) do not preclude
issuance of the limited exclusion order
or cease and desist orders. Finally, the
Commission has determined that a bond
in the amount of zero is required to
permit temporary importation during
the period of Presidential review (19
U.S.C. 1337(j)) of automated teller
machines, ATM modules, components
thereof, and products containing the
same that are subject to the remedial
orders. The Commission’s orders and
opinion were delivered to the President
and to the United States Trade
Representative on the day of their
issuance.
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: July 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–15200 Filed 7–19–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–17–030]
Sunshine Act Meeting
United
States International Trade Commission.
TIME AND DATE: July 27, 2017 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. Nos. 701–TA–563 and
731–TA–1331–1332 (Final) (Finished
Carbon Steel Flanges from India and
Italy). The Commission is currently
scheduled to complete and file its
determinations and views of the
Commission by August 14, 2017.
5. Vote in Inv. No. 731–TA–669
(Fourth Review) (Cased Pencils from
China). The Commission is currently
scheduled to complete and file its
determination and views of the
Commission by August 17, 2017.
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:
E:\FR\FM\20JYN1.SGM
20JYN1
Agencies
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Notices]
[Pages 33513-33514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15200]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-989]
Certain Automated Teller Machines, ATM Modules, Components
Thereof, and Products Containing the Same Commission's Final
Determination Finding a Violation of Section 337; Issuance of a Limited
Exclusion Order and Cease and Desist Orders; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has found a violation of section 337 in this investigation
and has issued a limited exclusion order prohibiting importation of
infringing automated teller machines, ATM modules, components thereof,
and products containing the same, as well as issued cease and desist
orders directed to Diebold Nixdorf, Incorporated and Diebold Self-
Service Systems both of North Canton, Ohio. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-3042. 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 March 14, 2016, based on a complaint filed by Nautilus Hyosung Inc.
of Seoul, Republic of Korea and Nautilus Hyosung America Inc. of
Irving, Texas (collectively, ``Nautilus''). 81 FR 13149 (Mar. 14,
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 automated teller machines, ATM
modules, components thereof, and products containing the same by reason
of infringement of one or more of claims 1-3 and 5 of U.S. Patent No.
7,891,551 (``the '551 patent''); claims 1 and 6 of U.S. Patent No.
7,950,655 (``the '655 patent''); claims 1-4, 6, and 7 of U.S. Patent
No. 8,152,165 (``the '165 patent''); and claims 1-3, 6, 8, and 9 of
U.S. Patent No. 8,523,235 (``the '235 patent''). Id. The notice of
investigation named the following respondents: Diebold, Incorporated of
North Canton, Ohio and Diebold Self-Service Systems of North Canton,
Ohio (collectively, ``Diebold''). Id. The Office of Unfair Import
Investigations is not a party to the investigation.
On June 30, 2016, the ALJ granted a motion by Nautilus to terminate
the investigation as to all asserted claims of the '551 patent and the
'165 patent. See Order No. 11 (June 30, 2016). The Commission
determined not to review Order No. 11. See Notice of non-review (July
27, 2016).
On July 21, 2016, the ALJ granted a motion by Nautilus to terminate
the investigation as to all asserted claims of the '655 patent. See
Order No. 17 (July 21, 2016). The Commission determined not to review
Order No. 17. See Notice of non-review (Aug. 16, 2016).
On February 6, 2017, the ALJ granted a motion to amend the
complaint and notice of investigation to reflect a corporate name
change of Diebold, Incorporated to Diebold Nixdorf, Incorporated. See
Order No. 32 (Feb. 6, 2017). The Commission determined not to review
Order No. 32.
On March 13, 2017, the ALJ issued his final ID, finding a violation
of section 337 by Diebold in connection with claims 1-3, 6, 8, and 9 of
the '235 patent. Specifically, the ID finds that the
[[Page 33514]]
Commission has subject matter jurisdiction, in rem jurisdiction over
the accused products, and in personam jurisdiction over Diebold. ID at
9, 104-107. The ID finds that Nautilus satisfied the importation
requirement of section 337 (19 U.S.C. 1337(a)(1)(B)). Id. The ID finds
that the accused products directly infringe asserted claims 1-3, 6, 8,
and 9 of the '235 patent, and that Diebold contributorily infringes
those claims. See ID at 111-160, 163-172. The ID, however, finds that
Diebold failed to establish that the asserted claims of the '235 patent
are invalid for indefiniteness, anticipation, or obviousness. ID at
232-311. Finally, the ID finds that Nautilus established the existence
of a domestic industry that practices the asserted patent under 19
U.S.C. 1337(a)(2). See ID at 212.
The ALJ's recommended determination on remedy and bonding issued
concurrently with the final ID. RD at 330-40. The ALJ recommends that
in the event the Commission finds a violation of section 337, the
Commission should issue a limited exclusion order prohibiting the
importation of Diebold's automated teller machines, ATM modules,
components thereof, and products containing the same that infringe the
asserted claims of the '235 patent. RD at 335. The ALJ also recommends
issuance of cease and desist orders based on the presence of Diebold's
commercially significant inventory in the United States. RD at 338.
With respect to the amount of bond that should be posted during the
period of Presidential review, the ALJ recommends that the Commission
set a bond in the amount of zero (i.e., no bond) during the period of
Presidential review because Nautilus ``did not attempt any type of
price comparison.'' RD at 341.
On March 27, 2017, Diebold filed a petition for review of the ID.
On April 4, 2017, Nautilus filed a response to Diebold's petition for
review.
On May 15, 2017, the Commission determined to review the final ID
in part and requested the parties to brief certain issues. See 82 FR
23064-66 (May 19, 2017). On May 25, 2017, the parties filed submissions
to the Commission's question and on remedy, the public interest, and
bonding. On June 1, 2017, the parties filed reply submissions.
Having examined the record of this investigation, including the
final ID, and the parties' submissions, the Commission has determined
to (1) affirm the ALJ's finding that the accused products and domestic
industry products satisfy the claim limitation ``horizontally transfer
sheets along the main transfer path'' and (2) reverse the ALJ's finding
that certain prior art does not disclose the preamble to claim 1:
``Automatic depositing apparatus for automatically depositing a bundle
of banknotes including at least one cheque.'' The Commission adopts the
ID's findings to the extent they are not inconsistent with the
Commission opinion issued herewith.
Having found a violation of section 337 in this investigation, the
Commission has determined that the appropriate form of relief is: (1) A
limited exclusion order prohibiting the unlicensed entry of automated
teller machines, ATM modules, components thereof, and products
containing the same that infringe one or more of claims 1-3, 6, 8, and
9 of the '235 patent that are manufactured on or behalf of, or imported
on or behalf of Diebold or any of their affiliated companies, parents,
subsidiaries, or other related business entities, or their successors
or assigns, except under license of the patent owner or as provided by
law, and except for service or repair articles imported for use in
servicing or repairing automated teller machines, ATM modules,
components thereof, and products containing the same, for identical
articles that were imported as of the date of this Order. This
exception does not permit the importation of automated teller machines
to replace such articles that were previously imported; and (2) cease
and desist orders prohibiting Diebold 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, automated
teller machines, ATM modules, components thereof, and products
containing the same covered by one or more of claims 1-3, 6, 8, and 9
of the '235 patent. The proposed cease and desist orders include the
following exemptions: if in a written instrument, the owner of the
patents authorizes or licenses such specific conduct, such specific
conduct is related to the importation or sale of covered products by or
for the United States, or such specific conduct is related to service
or repair articles imported for use in servicing or repairing automated
teller machines, ATM modules, components thereof, and products
containing the same, for identical articles that were imported as of
the date of this Order. This exception does not permit the importation
of automated teller machines to replace such articles that were
previously imported.
The Commission has also determined that the public interest factors
enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not
preclude issuance of the limited exclusion order or cease and desist
orders. Finally, the Commission has determined that a bond in the
amount of zero is required to permit temporary importation during the
period of Presidential review (19 U.S.C. 1337(j)) of automated teller
machines, ATM modules, components thereof, and products containing the
same that are subject to the remedial orders. The Commission's orders
and opinion were delivered to the President and to the United States
Trade Representative on the day of their issuance.
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: July 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-15200 Filed 7-19-17; 8:45 am]
BILLING CODE 7020-02-P