Certain Kinesiotherapy Devices and Components Thereof Final Commission Determination of Violation; Issuance of a General Exclusion Order and Cease and Desist Orders; and Termination of the Investigation, 37569-37570 [2013-14811]
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Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices
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CFR part 46) implementing the procedural
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authority delegated to the Assistant
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Department Manual.
Dated: June 12, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2013–14691 Filed 6–20–13; 8:45 am]
BILLING CODE 4310–W7–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–823]
Certain Kinesiotherapy Devices and
Components Thereof Final
Commission Determination of
Violation; Issuance of a General
Exclusion Order and Cease and Desist
Orders; and Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has terminated the abovecaptioned investigation with a finding
of violation of section 337, and has
issued a general exclusion order
directed against infringing
kinesiotherapy devices and components
thereof, and cease and desist orders
directed against respondents LELO Inc.
of San Jose, California; PHE, Inc. d/b/a
Adam & Eve of Hillsborough, North
Carolina; Nalpac Enterprises, Ltd. of
Ferndale, Michigan; E.T.C. Inc. (d/b/a
Eldorado Trading Company, Inc.) of
Broomfield, Colorado; Williams Trading
TKELLEY on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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18:32 Jun 20, 2013
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Co., Inc. of Pennsauken, New Jersey;
Honey’s Place Inc. of San Fernando,
California; and Lover’s Lane & Co. of
Plymouth, Michigan. The investigation
is terminated.
FOR FURTHER INFORMATION CONTACT:
Michael K. Haldenstein, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3041. 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 (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. 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 this investigation
on January 10, 2012, based on a
complaint filed by Standard Innovation
Corporation of Ottawa, ON, Canada and
Standard Innovation (US) Corp. of
Wilmington, Delaware (collectively,
‘‘Standard Innovation’’). 77 FR 1504
(Jan. 10, 2012). The complaint alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, by reason of infringement of
certain claims of United States Patent
Nos. 7,931,605 (‘‘the ‘605 patent’’) and
D605,779 (‘‘the D’779 patent’’). The
complaint named twenty-one business
entities as respondents, several of which
have since been terminated from the
investigation based upon consent orders
or withdrawal of the complaint. On July
25, 2012, the Commission determined
not to review an ID (Order No. 25)
granting Standard Innovation’s motion
to withdraw the D’779 patent from the
investigation.
An evidentiary hearing was held from
August 21, 2012, to August 24, 2012. On
January 8, 2013, the ALJ issued a final
initial determination (‘‘ID’’) finding no
violation of section 337. The ALJ also
issued a recommended determination
on remedy and bonding on January 22,
2013. Specifically, the ALJ found that
Standard Innovation had not satisfied
the economic prong of the domestic
industry requirement of section 337.
The ALJ found, however, that the
accused products infringe the asserted
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37569
claims, that the asserted claims were not
shown to be invalid, and that the
technical prong of the domestic industry
requirement was shown to be satisfied.
On January 22, 2013, Standard
Innovation and the Commission
investigative attorney (‘‘IA’’) filed
petitions for review of the final ID. Also
on January 22, 2013, the respondents
remaining in the investigation filed a
joint contingent petition for review. On
January 30, 2013, the parties filed
responses to the petitions.
On March 25, 2013, the Commission
determined to review the ID in its
entirety and posed four questions to the
parties concerning the economic prong
of the domestic industry requirement of
section 337. The parties and the IA
submitted briefs on April 8, 2013, and
briefs in reply on April 15, 2013
concerning the Commission’s questions
and remedy, the public interest, and
bonding. The Commission extended the
target date to June 7, 2013 and then to
June 17, 2013.
Having examined the record in this
investigation, including the ID, the
petitions for review, and the
submissions on review and responses
thereto, the Commission has determined
that Standard Innovation has satisfied
the domestic industry requirement and
that there is a violation of section 337
with respect to claims 1–7, 9–21, 23, 24,
33–40, 42–54, 56, 57, 66–73, 75–87, 89,
and 90 of the ‘605 patent.
The Commission has also made its
determination on the issues of remedy,
the public interest, and bonding. The
Commission has determined that the
appropriate form of relief is both: (1) A
general exclusion order prohibiting the
unlicensed entry of kinesiotherapy
devices and components thereof that
infringe claims 1–7, 9–21, 23, 24, 33–40,
42–54, 56, 57, 66–73, 75–87, 89, or 90
of the ‘605 patent; and (2) cease and
desist orders prohibiting LELO Inc. of
San Jose, California; PHE, Inc. d/b/a
Adam & Eve of Hillsborough, North
Carolina; Nalpac Enterprises, Ltd. of
Ferndale, Michigan; E.T.C. Inc. (d/b/a
Eldorado Trading Company, Inc.) of
Broomfield, Colorado; Williams Trading
Co., Inc. of Pennsauken, New Jersey;
Honey’s Place Inc. of San Fernando,
California; and Lover’s Lane & Co. of
Plymouth, Michigan from conducting
any of the following activities in the
United States: importing, selling,
marketing, advertising, distributing,
offering for sale, transferring (except for
exportation), and soliciting U.S. agents
or distributors for, kinesiotherapy
devices and components with respect to
the same claims.
The Commission further determined
that the public interest factors
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37570
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices
enumerated in section 337(d)(1) and
(f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do not
preclude issuance of the general
exclusion order or the cease and desist
orders. Finally, the Commission
determined that there shall be a bond in
the amount of zero percent of entered
value to permit temporary importation
during the period of Presidential review
(19 U.S.C. 1337(j)). The Commission’s
orders and opinion were delivered to
the President and to the United States
Trade Representative on the day of their
issuance.
The Commission has terminated this
investigation. 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 section 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.50).
Issued: June 17, 2013.
By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2013–14811 Filed 6–20–13; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–845]
Certain Products Containing
Interactive Program Guide and
Parental Control Technology; Notice of
Request for Statements on the Public
Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the presiding administrative law judge
(‘‘ALJ’’) has issued a Recommended
Determination on Remedy and Bonding
in the above-captioned investigation.
The ALJ found no violation in this
investigation, however, in the event that
the Commission reverses the ALJ’s
finding of no violation, the ALJ
recommends that a limited exclusion
order should be directed to Roku, Inc.,
with respect to U.S. Patent No.
6,898,762. The Commission is soliciting
comments on public interest issues
raised by the recommended relief,
specifically the limited exclusion order.
This notice is soliciting public interest
comments from the public only. Parties
are to file public interest submissions
pursuant to 19 CFR 210.50(a)(4).
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Office of the General
Counsel, U.S. International Trade
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SUMMARY:
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Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–5468. The public version of the
complaint can be accessed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov, and 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 (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. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: Section
337 of the Tariff Act of 1930 provides
that if the Commission finds a violation
it shall exclude the articles concerned
from the United States:
unless, after considering the effect of such
exclusion upon the public health and
welfare, competitive conditions in the United
States economy, the production of like or
directly competitive articles in the United
States, and United States consumers, it finds
that such articles should not be excluded
from entry.
19 U.S.C. 1337(d)(1). A similar
provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
The Commission is interested in
further development of the record on
the public interest in these
investigations. Accordingly, members of
the public are invited to file
submissions of no more than five (5)
pages, inclusive of attachments,
concerning the public interest in light of
the administrative law judge’s
Recommended Determination on
Remedy and Bonding issued in this
investigation on June 13, 2013.
Comments should address whether
issuance of a LEO in this investigation
would affect the public health and
welfare in the United States,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the recommended
orders are used in the United States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the recommended orders;
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Sfmt 4703
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
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 recommended
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
(v) explain how the LEO would
impact consumers in the United States.
Written submissions must be filed no
later than by close of business on July
15, 2013.
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 investigation number (‘‘Inv. No.
845’’) in a prominent place on the cover
page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://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. A redacted nonconfidential version of the document
must also be filed simultaneously with
the any confidential filing. 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 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.50).
Issued: June 18, 2013.
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]]>Agencies
[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Pages 37569-37570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14811]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-823]
Certain Kinesiotherapy Devices and Components Thereof Final
Commission Determination of Violation; Issuance of a General Exclusion
Order and Cease and Desist Orders; and Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has terminated the above-captioned investigation with a
finding of violation of section 337, and has issued a general exclusion
order directed against infringing kinesiotherapy devices and components
thereof, and cease and desist orders directed against respondents LELO
Inc. of San Jose, California; PHE, Inc. d/b/a Adam & Eve of
Hillsborough, North Carolina; Nalpac Enterprises, Ltd. of Ferndale,
Michigan; E.T.C. Inc. (d/b/a Eldorado Trading Company, Inc.) of
Broomfield, Colorado; Williams Trading Co., Inc. of Pennsauken, New
Jersey; Honey's Place Inc. of San Fernando, California; and Lover's
Lane & Co. of Plymouth, Michigan. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3041. 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 (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.
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 this investigation
on January 10, 2012, based on a complaint filed by Standard Innovation
Corporation of Ottawa, ON, Canada and Standard Innovation (US) Corp. of
Wilmington, Delaware (collectively, ``Standard Innovation''). 77 FR
1504 (Jan. 10, 2012). The complaint alleged violations of section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of
infringement of certain claims of United States Patent Nos. 7,931,605
(``the `605 patent'') and D605,779 (``the D'779 patent''). The
complaint named twenty-one business entities as respondents, several of
which have since been terminated from the investigation based upon
consent orders or withdrawal of the complaint. On July 25, 2012, the
Commission determined not to review an ID (Order No. 25) granting
Standard Innovation's motion to withdraw the D'779 patent from the
investigation.
An evidentiary hearing was held from August 21, 2012, to August 24,
2012. On January 8, 2013, the ALJ issued a final initial determination
(``ID'') finding no violation of section 337. The ALJ also issued a
recommended determination on remedy and bonding on January 22, 2013.
Specifically, the ALJ found that Standard Innovation had not satisfied
the economic prong of the domestic industry requirement of section 337.
The ALJ found, however, that the accused products infringe the asserted
claims, that the asserted claims were not shown to be invalid, and that
the technical prong of the domestic industry requirement was shown to
be satisfied.
On January 22, 2013, Standard Innovation and the Commission
investigative attorney (``IA'') filed petitions for review of the final
ID. Also on January 22, 2013, the respondents remaining in the
investigation filed a joint contingent petition for review. On January
30, 2013, the parties filed responses to the petitions.
On March 25, 2013, the Commission determined to review the ID in
its entirety and posed four questions to the parties concerning the
economic prong of the domestic industry requirement of section 337. The
parties and the IA submitted briefs on April 8, 2013, and briefs in
reply on April 15, 2013 concerning the Commission's questions and
remedy, the public interest, and bonding. The Commission extended the
target date to June 7, 2013 and then to June 17, 2013.
Having examined the record in this investigation, including the ID,
the petitions for review, and the submissions on review and responses
thereto, the Commission has determined that Standard Innovation has
satisfied the domestic industry requirement and that there is a
violation of section 337 with respect to claims 1-7, 9-21, 23, 24, 33-
40, 42-54, 56, 57, 66-73, 75-87, 89, and 90 of the `605 patent.
The Commission has also made its determination on the issues of
remedy, the public interest, and bonding. The Commission has determined
that the appropriate form of relief is both: (1) A general exclusion
order prohibiting the unlicensed entry of kinesiotherapy devices and
components thereof that infringe claims 1-7, 9-21, 23, 24, 33-40, 42-
54, 56, 57, 66-73, 75-87, 89, or 90 of the `605 patent; and (2) cease
and desist orders prohibiting LELO Inc. of San Jose, California; PHE,
Inc. d/b/a Adam & Eve of Hillsborough, North Carolina; Nalpac
Enterprises, Ltd. of Ferndale, Michigan; E.T.C. Inc. (d/b/a Eldorado
Trading Company, Inc.) of Broomfield, Colorado; Williams Trading Co.,
Inc. of Pennsauken, New Jersey; Honey's Place Inc. of San Fernando,
California; and Lover's Lane & Co. of Plymouth, Michigan from
conducting any of the following activities in the United States:
importing, selling, marketing, advertising, distributing, offering for
sale, transferring (except for exportation), and soliciting U.S. agents
or distributors for, kinesiotherapy devices and components with respect
to the same claims.
The Commission further determined that the public interest factors
[[Page 37570]]
enumerated in section 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1),
(f)(1)) do not preclude issuance of the general exclusion order or the
cease and desist orders. Finally, the Commission determined that there
shall be a bond in the amount of zero percent of entered value to
permit temporary importation during the period of Presidential review
(19 U.S.C. 1337(j)). The Commission's orders and opinion were delivered
to the President and to the United States Trade Representative on the
day of their issuance.
The Commission has terminated this investigation. 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 section 210.50
of the Commission's Rules of Practice and Procedure (19 CFR 210.50).
Issued: June 17, 2013.
By order of the Commission.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-14811 Filed 6-20-13; 8:45 am]
BILLING CODE 7020-02-P
