Certain Incremental Dental Positioning Adjustment Appliances and Methods of Producing Same (Enforcement Proceeding); Commission Determination To Review and Reverse an Initial Determination of the Presiding Administrative Law Judge; Termination of the Enforcement Proceeding, 2282-2283 [2013-00313]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with 2282 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices United States which could replace the subject articles if they were to be excluded; (iv) Indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) Explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 2930’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http:// www.usitc.gov/secretary/ fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). Persons with 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 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 of sections 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. VerDate Mar<15>2010 15:22 Jan 09, 2013 Jkt 229001 Issued: January 7, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–00327 Filed 1–9–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–562] Certain Incremental Dental Positioning Adjustment Appliances and Methods of Producing Same (Enforcement Proceeding); Commission Determination To Review and Reverse an Initial Determination of the Presiding Administrative Law Judge; Termination of the Enforcement Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review and reverse an initial determination (‘‘ID’’) (Order No. 57) of the presiding administrative law judge in the abovecaptioned enforcement proceeding. The enforcement proceeding is hereby terminated. FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202– 205–3065. 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 (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 the underlying investigation in this matter on February 15, 2006, based on a complaint filed by Align Technology, Inc. (‘‘Align’’) of Santa Clara, California (now of San Jose, California). 71 FR 7995–96. The complaint alleged violations of section 337 of the Tariff Act of 1930, as SUMMARY: PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 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 incremental dental positioning adjustment appliances by reason of infringement of certain claims of U.S. Patent Nos. 6,685,469; 6,450,807 (‘‘the ’807 patent’’); 6,394,801; 6,398,548; 6,722,880 (‘‘the ’880 patent’’); 6,629,840; 6,699,037; 6,318,994; 6,729,876; 6,602,070; 6,471,511 (‘‘the ’511 patent’’); and 6,227,850. The complaint also alleged a violation of section 337 by reason of misappropriation of trade secrets. The Commission’s notice of investigation named OrthoClear, Inc. of San Francisco, California; OrthoClear Holdings, Inc. of Tortola, British Virgin Islands; and OrthoClear Pakistan Pvt, Ltd. of Lahore, Pakistan as respondents. On July 11, 2006, the ALJ granted Align’s motion to terminate the investigation as to the ’807 patent, which the Commission determined not to review. Order No. 10 (July 11, 2006), Notice of Non-Review (July 20, 2006). On November 13, 2006, the Commission issued notice of its determination not to review the presiding administrative law judge’s initial determination granting Align’s and respondents’ joint motion to terminate the investigation as to respondents (and in its entirety) based on a consent order. The consent order prohibits the importation, sale for importation, and sale in the United States after importation of incremental dental positioning adjustment appliances referenced in the complaint and any other articles manufactured in violation of the asserted patents or trade secrets. On March 1, 2012, Align filed a complaint for an enforcement proceeding under Commission Rule 210.75, and filed a corrected complaint on March 22, 2012. On April 25, 2012, the Commission determined that the criteria for institution of an enforcement proceeding were satisfied and instituted an enforcement proceeding, naming the following six respondents: ClearCorrect USA of Houston, Texas; ClearCorrect Pakistan (Private), Ltd. (‘‘ClearCorrect Pakistan’’) of Lahore, Pakistan; and Mudassar Rathore, Waqas Wahab, Nadeem Arif, and Asim Waheed (the ‘‘bound officers’’). 77 FR 25747 (May 1, 2012). The complaint for enforcement, as corrected, asserts that the successors and bound officers of the original respondents have violated the November 13, 2006, consent order by the continued practice of prohibited activities such as importing, offering for sale, and selling for importation into the United States of articles that infringe the E:\FR\FM\10JAN1.SGM 10JAN1 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices ’511 and ’880 patents. According to the complaint for enforcement, the imported items are digital datasets, which are used to manufacture dental appliances. The notice of institution of an enforcement proceeding noted the threshold issue of whether the accused digital datasets are within the scope of the consent order sought to be enforced, and indicated that the ALJ may wish to consider this issue at an early date. On November 28, 2012, the ALJ issued Order No. 57, addressing whether the accused digital datasets are articles within the meaning of the consent order. On December 21, 2012, the Commission issued a notice recognizing that Order No. 57 is an ID provided for in the notice of institution of an enforcement proceeding and that the deadline for determining whether to review the ID is January 14, 2013. On December 6, 2012, respondents filed a petition for review of the ID. On December 13, 2012, complainant and the Commission investigative attorney filed responses. Having examined the petitions for review, the responses thereto, and the relevant portions of the record, the Commission has determined to review and reverse the subject ID because the subject consent order did not contain an express provision prohibiting the electronic transmission of data. The Commission’s determination is dispositive of complainant’ s claims, and as such, the Commission terminates the enforcement proceeding with a finding of no violation of the consent order. An opinion will follow. 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: January 4, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–00313 Filed 1–9–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION wreier-aviles on DSK5TPTVN1PROD with [USITC SE–13–001] Sunshine Act Meeting United States International Trade Commission. TIME AND DATE: January 15, 2013 at 11:00 a.m. AGENCY HOLDING THE MEETING: VerDate Mar<15>2010 15:22 Jan 09, 2013 Jkt 229001 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. No. 731–TA–739 (Third Review)(Clad Steel Plate from Japan). The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before January 28, 2013. 5. 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. PLACE: By order of the Commission. Issued: January 8, 2013. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2013–00418 Filed 1–8–13; 4:15 pm] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–13–002] Sunshine Act Meeting United States International Trade Commission. TIME AND DATE: January 16, 2013 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–487 and 731–TA–1198 (Final)(Steel Wire Garment Hangers from Vietnam). The Commission is currently scheduled to transmit its determinations and Commissioners’ opinions to the Secretary of Commerce on or before January 28, 2013. 5. 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: Issued: January 8, 2013. PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 2283 By order of the Commission. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2013–00426 Filed 1–8–13; 4:15 pm] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–13–003] Sunshine Act Meeting United States International Trade Commission. TIME AND DATE: January 18, 2013 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–486 and 731-TA–1195–1196 (Final)(Utility Scale Wind Towers from China and Vietnam). The Commission is currently scheduled to transmit its determinations and Commissioners’’ opinions to the Secretary of Commerce on or before January 30, 2013. 5. 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: Issued: January 8, 2013. By order of the Commission. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2013–00477 Filed 1–8–13; 4:15 pm] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging Proposed Consent Decree In accordance with Departmental Policy, 28 CFR § 50.7, notice is hereby given that a proposed Consent Decree in United States v. DMH Partners North, LLC, et al., Civil Action No. 12-cv-3203 (RHK/LIB), was lodged with the United States District Court for the District of Minnesota on January 2, 2013. This proposed Consent Decree concerns a complaint filed by the United States against DMH Partners North, LLC, Patrick T. Christiansen, E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Notices]
[Pages 2282-2283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00313]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-562]


Certain Incremental Dental Positioning Adjustment Appliances and 
Methods of Producing Same (Enforcement Proceeding); Commission 
Determination To Review and Reverse an Initial Determination of the 
Presiding Administrative Law Judge; Termination of the Enforcement 
Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review and reverse an initial 
determination (``ID'') (Order No. 57) of the presiding administrative 
law judge in the above-captioned enforcement proceeding. The 
enforcement proceeding is hereby terminated.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3065. 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 (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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 the underlying 
investigation in this matter on February 15, 2006, based on a complaint 
filed by Align Technology, Inc. (``Align'') of Santa Clara, California 
(now of San Jose, California). 71 FR 7995-96. The complaint alleged 
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 incremental dental positioning adjustment appliances by reason 
of infringement of certain claims of U.S. Patent Nos. 6,685,469; 
6,450,807 (``the '807 patent''); 6,394,801; 6,398,548; 6,722,880 (``the 
'880 patent''); 6,629,840; 6,699,037; 6,318,994; 6,729,876; 6,602,070; 
6,471,511 (``the '511 patent''); and 6,227,850. The complaint also 
alleged a violation of section 337 by reason of misappropriation of 
trade secrets. The Commission's notice of investigation named 
OrthoClear, Inc. of San Francisco, California; OrthoClear Holdings, 
Inc. of Tortola, British Virgin Islands; and OrthoClear Pakistan Pvt, 
Ltd. of Lahore, Pakistan as respondents. On July 11, 2006, the ALJ 
granted Align's motion to terminate the investigation as to the '807 
patent, which the Commission determined not to review. Order No. 10 
(July 11, 2006), Notice of Non-Review (July 20, 2006).
    On November 13, 2006, the Commission issued notice of its 
determination not to review the presiding administrative law judge's 
initial determination granting Align's and respondents' joint motion to 
terminate the investigation as to respondents (and in its entirety) 
based on a consent order. The consent order prohibits the importation, 
sale for importation, and sale in the United States after importation 
of incremental dental positioning adjustment appliances referenced in 
the complaint and any other articles manufactured in violation of the 
asserted patents or trade secrets.
    On March 1, 2012, Align filed a complaint for an enforcement 
proceeding under Commission Rule 210.75, and filed a corrected 
complaint on March 22, 2012. On April 25, 2012, the Commission 
determined that the criteria for institution of an enforcement 
proceeding were satisfied and instituted an enforcement proceeding, 
naming the following six respondents: ClearCorrect USA of Houston, 
Texas; ClearCorrect Pakistan (Private), Ltd. (``ClearCorrect 
Pakistan'') of Lahore, Pakistan; and Mudassar Rathore, Waqas Wahab, 
Nadeem Arif, and Asim Waheed (the ``bound officers''). 77 FR 25747 (May 
1, 2012). The complaint for enforcement, as corrected, asserts that the 
successors and bound officers of the original respondents have violated 
the November 13, 2006, consent order by the continued practice of 
prohibited activities such as importing, offering for sale, and selling 
for importation into the United States of articles that infringe the

[[Page 2283]]

'511 and '880 patents. According to the complaint for enforcement, the 
imported items are digital datasets, which are used to manufacture 
dental appliances. The notice of institution of an enforcement 
proceeding noted the threshold issue of whether the accused digital 
datasets are within the scope of the consent order sought to be 
enforced, and indicated that the ALJ may wish to consider this issue at 
an early date.
    On November 28, 2012, the ALJ issued Order No. 57, addressing 
whether the accused digital datasets are articles within the meaning of 
the consent order. On December 21, 2012, the Commission issued a notice 
recognizing that Order No. 57 is an ID provided for in the notice of 
institution of an enforcement proceeding and that the deadline for 
determining whether to review the ID is January 14, 2013.
    On December 6, 2012, respondents filed a petition for review of the 
ID. On December 13, 2012, complainant and the Commission investigative 
attorney filed responses.
    Having examined the petitions for review, the responses thereto, 
and the relevant portions of the record, the Commission has determined 
to review and reverse the subject ID because the subject consent order 
did not contain an express provision prohibiting the electronic 
transmission of data. The Commission's determination is dispositive of 
complainant' s claims, and as such, the Commission terminates the 
enforcement proceeding with a finding of no violation of the consent 
order. An opinion will follow.
    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: January 4, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-00313 Filed 1-9-13; 8:45 am]
BILLING CODE 7020-02-P