In the Matter of Certain Incremental Dental Positioning Adjustment Appliances and Methods of Producing Same; Notice of Investigation, 7995-7996 [E6-2164]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 71, Number 31 (Wednesday, February 15, 2006)]
[Notices]
[Pages 7995-7996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2164]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-562]


In the Matter of Certain Incremental Dental Positioning 
Adjustment Appliances and Methods of Producing Same; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on January 11, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Align Technology, Inc. The complaint alleges violations of section 337 
in the importation into the United States, the sale for importation, 
and the sale within the United States after importation of certain 
incremental dental positioning adjustment appliances by reason of 
infringement of claims 1-36, 38, 42-49, and 51-58 of U.S. Patent No. 
6,685,469; claim 1 of U.S. Patent No. 6,450,807; claims 1-4 of U.S. 
Patent No. 6,394,801; claims 21, 22, 24-30, 32-36, 38, and 39 of U.S. 
Patent No. 6,398,548; claims 1, 2, 4-8, 10, and 12-18 of U.S. Patent 
No. 6,722,880; claims 1-3, 6-8, and 11 of U.S. Patent No. 6,629,840; 
claims 1, 2, 9, and 10 of U.S. Patent No. 6,699,037; claims 1-18, 20-
23, 25, 26, and 29-38 of U.S. Patent No. 6,318,994; claims 1-22 and 28 
of U.S. Patent No. 6,729,876; claims 34-56 and 59-65 of U.S. Patent No. 
6,602,070; claims 1-6, 9, and 10 of U.S. Patent No. 6,471,511; and 
claims 1-13, 15, 16, and 18 of U.S. Patent No. 6,227,850; and also by 
reason of misappropriation of trade secrets, the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent 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

[[Page 7996]]

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: Jay H. Reiziss, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2579.

    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 (2005).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on February 7, 2006, 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)(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 incremental dental positioning adjustment appliances by 
reason of infringement of one or more of claims 1-36, 38, 42-49, and 
51-58 of U.S. Patent No. 6,685,469; claim 1 of U.S. Patent No. 
6,450,807; claims 1-4 of U.S. Patent No. 6,394,801; claims 21, 22, 
24-30, 32-36, 38, and 39 of U.S. Patent No. 6,398,548; claims 1, 2, 
4-8, 10, and 12-18 of U.S. Patent No. 6,722,880; claims 1-3, 6-8, 
and 11 of U.S. Patent No. 6,629,840; claims 1, 2, 9, and 10 of U.S. 
Patent No. 6,699,037; claims 1-18, 20-23, 25, 26, and 29-38 of U.S. 
Patent No. 6,318,994; claims 1-22 and 28 of U.S. Patent No. 
6,729,876; claims 34-56 and 59-65 of U.S. Patent No. 6,602,070; 
claims 1-6, 9, and 10 of U.S. Patent No. 6,471,511; and claims 1-13, 
15, 16, and 18 of U.S. Patent No. 6,227,850, and whether an industry 
in the United States exists as required by subsection (a)(2) of 
section 337; or
    (b) Whether there is a violation of subsection (a)(1)(A) of 
section 337 in the importation into the United States of certain 
incremental dental positioning adjustment appliances or in the sale 
of such articles by reason of misappropriation of trade secrets, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States.
    (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 complainant is--Align Technology, Inc., 881 Martin 
Avenue, Santa Clara, California 95050.
    (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:

OrthoClear, Inc., 580 California St., Suite 1725, San Francisco, CA 
94104
OrthoClear Holdings, Inc., c/o Walkers (BV) Limited, Walkers 
Chambers, P.O. Box 92, Tortola, British Virgin Islands
OrthoClear Pakistan Pvt, Ltd., 8-Aitchison Rd., 1-km Thoker, Niaz 
Baig, Raiwind Rd., Lahore, Pakistan

    (c) Jay H. Reiziss, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, 
SW., Suite 401, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Robert L. 
Barton, Jr. is designated as the presiding administrative law judge.

    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(d) 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 
respondents, to find the facts to be as alleged in the complaint and 
this notice and to enter a final determination containing such 
findings, and may result in the issuance of a limited exclusion order 
or cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: February 9, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-2164 Filed 2-14-06; 8:45 am]
BILLING CODE 7020-02-P