Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same; Institution of Investigation Pursuant to 19 U.S.C. 1337, 20648-20649 [2012-8140]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Pages 20648-20649]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8140]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-833]


Certain Digital Models, Digital Data, and Treatment Plans for Use 
in Making Incremental Dental Positioning Adjustment Appliances, the 
Appliances Made Therefrom, and Methods of Making the Same; Institution 
of Investigation Pursuant to 19 U.S.C. 1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 1, 2012, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Align Technology, Inc. of San Jose, California. On March 22, 2012, 
Align filed a ``corrected'' complaint. The complaint, as corrected, 
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 digital models, digital data, and 
treatment plans for use in making incremental dental positioning 
adjustment appliances, the appliances made therefrom, and methods of 
making the same by reason of infringement of certain claims of U.S. 
Patent No. 6,217,325 (``the `325 patent''); U.S. Patent No. 6,705,863 
(``the `863 patent''); U.S. Patent No. 6,626,666 (``the `666 patent''); 
U.S. Patent No. 8,070,487 (``the `487 patent''); U.S. Patent No. 
6,471,511 (``the `511 patent''); U.S. Patent No. 6,722,880 (``the `880 
patent''); and U.S. Patent No. 7,134,874 (``the `874 patent''). 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 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.
    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 (2011).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 29, 2012, 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 digital 
models, digital data, and treatment plans for use in making incremental 
dental positioning adjustment appliances, the

[[Page 20649]]

appliances made therefrom, and methods of making the same that infringe 
one or more of claims 1-3, 11, 13, 14, 21, 30-35, 38, and 39 of the 
`325 patent; claim 1 of the `511 patent; claims 1, 3, 7, and 9 of the 
`666 patent; claims 1 and 4-8 of the `863 patent; claims 1 and 3 of the 
`880 patent; claims 1, 2, 38, 39, 41, and 62 of the `874 patent; and 
claims 1, 3, 5, and 7-9 of the `487 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 complainant is:
    Align Technology, Inc., 2560 Orchard Parkway, San Jose, CA 95131.
    (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:
    ClearCorrect Pakistan (Private), Ltd., Azia Cottage, 9-Kanal Park, 
Gulberg II, Lahore, Pakistan.
    ClearCorrect Operating, LLC, 15151 Sommermeyer Street, Houston, TX 
77041-5332.
    (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 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)-(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: March 30, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8140 Filed 4-4-12; 8:45 am]
BILLING CODE 7020-02-P