Certain Balloon Dissection Devices and Products Containing Same; Institution of Investigation, 6838 [2013-02063]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Page 6838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02063]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-865]


Certain Balloon Dissection Devices and Products Containing Same; 
Institution of Investigation

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 December 21, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Covidien LP of Mansfield, Massachusetts. The 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 dissection balloons and products 
containing the same by reason of infringement of certain claims of U.S. 
Patent No. 6,312,442 (``the `442 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(3) 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 (2012).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 24, 2013, 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 dissection 
balloons and products containing the same that infringe one or more of 
claims 3, 6, 8, and 10 of the `442 patent, and whether an industry in 
the United States exists as required by subsection (a)(3) 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: Covidien, LP, 15 Hampshire Street, 
Mansfield, MA 02048 USA, Tel: (508) 261-8000.
    (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:

Pajunk Medizintechnik GmbH, Karl-Hall-Str. 1, D-78187 Geisingen, 
Germany;
Pajunk Medizintechnologie GmbH, Karl-Hall-Str. 1, D-78187 Geisingen, 
Germany;
Pajunk Medical Systems L.P., 6611 Bay Circle, Norcross, GA 30071.
    (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 therefore 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 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 respondents.

    By order of the Commission.

    Issued: January 25, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-02063 Filed 1-30-13; 8:45 am]
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