Certain Food Containers, Cups, Plates, Cutlery, and Related Items and Packaging Thereof Institution of Investigation Pursuant to 19 U.S.C. 1337, 20846-20847 [2012-8284]

Download as PDF 20846 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES the public interest, and bonding. Such submissions should address the ALJ’s recommended determination on remedy and bonding. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is requested to supply the expiration dates of the patents at issue and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than the close of business on April 16, 2012. Written submissions should be no longer than 60 pages. Reply submissions must be filed no later than the close of business on April 23, 2012, and should be no longer than 30 pages. No further submissions will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must do so in accordance with Commission rule 210.4(f), 19 CFR 210.4(f), which requires electronic filing. The original document and eight true copies thereof must also be filed on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document (or portion thereof) to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of 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 is granted by the Commission will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and under sections 210.42–210.46, 210.50(a) of the Commission’s Rules of Practice and Procedure (19 CFR 210.42– 210.46, 210.50(a)). Dated: Issued: April 2, 2012. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–8265 Filed 4–5–12; 8:45 am] BILLING CODE 7020–02–P VerDate Mar<15>2010 16:17 Apr 05, 2012 Jkt 226001 U.S. International Trade Commission, telephone (202) 205–2560. INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–835] Certain Food Containers, Cups, Plates, Cutlery, and Related Items and Packaging Thereof Institution of Investigation Pursuant to 19 U.S.C. 1337 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 6, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Fabri-Kal Corporation of Kalamazoo, Michigan. A supplement to the complaint was filed on March 20, 2012. The complaint, as 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 food containers, cups, plates, cutlery, and related items and packaging thereof by reason of infringement of U.S. Trademark Registration No. 3,021,945 (‘‘the ‘945 trademark’’). 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 an exclusion order and cease and desist orders. SUMMARY: 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, ADDRESSES: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 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 April 2, 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)(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 food containers, cups, plates, cutlery, and related items and packaging thereof that infringe the ‘945 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 complainant is: Fabri-Kal Corporation, 600 Plastics Place, Kalamazoo, MI 49001. (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: Green Wave International Inc., 112 12th Street, Brooklyn, NY 11215. Trans World International (New York), Inc., 112 12th Street, Brooklyn, NY 11215. John Calarese & Co., Inc., 89 Main Street, Suite 204, Medway, MA 02053. Eco Greenwaves Corporation, 40 Montclaire Drive, Fremont, CA 94539. (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 E:\FR\FM\06APN1.SGM 06APN1 Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices 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. Issued: April 3, 2012. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–8284 Filed 4–5–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–834] Certain Mobile Electronic Devices Incorporating Haptics; Institution of Investigation Pursuant to 19 U.S.C. 1337 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 February 7, 2012, and an amended complaint was filed with the U.S. International Trade Commission on March 2, 2012 and a supplement was filed on March 15, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Immersion Corporation of San Jose, California. The amended complaint 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 mobile electronic devices incorporating haptics by reason of infringement of certain claims of U.S. Patent No. 6,429,846 (‘‘the ‘846 patent’’); U.S. Patent No. 7,592,999 (‘‘the ‘999 patent’’); U.S. Patent No. 7,969,288 (‘‘the ‘288 patent’’); U.S. Patent No. 7,982,720 (‘‘the ‘720 patent’’); U.S. Patent No. 8,031,181 (‘‘the ‘181 patent’’); and U.S. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:17 Apr 05, 2012 Jkt 226001 Patent No. 8,059,105 (‘‘the ‘105 patent’’). The amended complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. 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 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 the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205–1802. ADDRESSES: 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 April 2, 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 mobile electronic devices incorporating haptics that infringe one or more of claim 5 of the ‘846 patent; claims 1–3, 6, 8–11, and 13–16 of the ‘999 patent; claims 18–26 of the ‘288 patent; claims 1–8, 10–19, 22–25, and 27–33 of the ‘720 patent; claims 1–3, 5, 6, 8, 9, 11, 13, 15, 17–25, and 27–34 of the ‘181 patent; and claims PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 20847 1–5, 7–15, and 18–21 of the ‘105 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: Immersion Corporation, 30 Rio Robles, San Jose, CA 95134. (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: Motorola Mobility, Inc., 600 N. U.S. Highway 45, Libertyville, IL 60048. Motorola Mobility Holdings, Inc., 600 N. U.S. Highway 45, Libertyville, IL 60048. HTC Corporation, 23 Xinghua Road, Taoyuan, 330 Taiwan. HTC America, Inc., 13920 SE. Eastgate Way, Suite 400, Bellevue, Washington 98005. (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge; and (4) The presiding Administrative Law Judge is directed to promptly issue an initial determination amending the notice of investigation upon complainant’s request to reflect any changes to the ‘846 patent resulting from the issuance by the Patent and Trademark Office of a certificate of correction in response to the currently pending correction request. The Office of Unfair Import Investigations will not participate as a party in this investigation. 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(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 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 E:\FR\FM\06APN1.SGM 06APN1

Agencies

[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20846-20847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8284]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-835]


Certain Food Containers, Cups, Plates, Cutlery, and Related Items 
and Packaging Thereof Institution of Investigation Pursuant to 19 
U.S.C. 1337

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 6, 2012, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Fabri-Kal Corporation of Kalamazoo, Michigan. A supplement to the 
complaint was filed on March 20, 2012. The complaint, as 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 food containers, cups, plates, 
cutlery, and related items and packaging thereof by reason of 
infringement of U.S. Trademark Registration No. 3,021,945 (``the `945 
trademark''). 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 an exclusion order 
and 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 April 2, 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)(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 food 
containers, cups, plates, cutlery, and related items and packaging 
thereof that infringe the `945 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 complainant is: Fabri-Kal Corporation, 600 Plastics Place, 
Kalamazoo, MI 49001.
    (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:

Green Wave International Inc., 112 12th Street, Brooklyn, NY 11215.
Trans World International (New York), Inc., 112 12th Street, Brooklyn, 
NY 11215.
John Calarese & Co., Inc., 89 Main Street, Suite 204, Medway, MA 02053.
Eco Greenwaves Corporation, 40 Montclaire Drive, Fremont, CA 94539.

    (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

[[Page 20847]]

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.

    Issued: April 3, 2012.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-8284 Filed 4-5-12; 8:45 am]
BILLING CODE 7020-02-P
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