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]

Download as PDF Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Notices name and address in writing or by voice mail to Barry Hansen, Fisheries Program, Confederated Salish and Kootenai Tribes, P.O. Box 278, Pablo, Montana 59855; telephone (406) 883– 2888, ext. 7282; email barryh@cskt.org. Public Comment Availability: Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: This notice is published in accordance with section 1503.1 of the Council on Environmental Quality regulations (40 CFR part 1500 et seq.) and the Department of the Interior Regulations (43 CFR part 46) implementing the procedural requirements of the NEPA (42 U.S.C. 4321 et seq.), and in accordance with the exercise of authority delegated to the Assistant Secretary—Indian Affairs by part 209 of the 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: VerDate Mar<15>2010 18:32 Jun 20, 2013 Jkt 229001 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 (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 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 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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 E:\FR\FM\21JNN1.SGM 21JNN1 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 TKELLEY on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:32 Jun 20, 2013 Jkt 229001 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 http://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 (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. 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; PO 00000 Frm 00067 Fmt 4703 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, 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. 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. E:\FR\FM\21JNN1.SGM 21JNN1

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.

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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 (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 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