Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Appliances, the Appliances Made Therefrom, and Methods of Making Same; Notice of Commission Determination To Review the Final Initial Determination of the Administrative Law Judge; Schedule for Filing Written Submissions on Review, 46610-46611 [2013-18458]

Download as PDF 46610 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Notices please explain why and provide alternative definitions. Authority: These reviews are being conducted under authority of Title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.61 of the Commission’s rules. By order of the Commission. Issued: July 24, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–18108 Filed 7–31–13; 8:45 am] BILLING CODE 7020–02–P By order of the Commission. Issued: July 26, 2013. Lisa R. Barton, Acting Secretary to the Commission. INTERNATIONAL TRADE COMMISSION [FR Doc. 2013–18467 Filed 7–31–13; 8:45 am] [Investigation Nos. 731–TA–1105–1106 (Review)] BILLING CODE 7020–02–P Lemon Juice From Argentina and Mexico INTERNATIONAL TRADE COMMISSION mstockstill on DSK4VPTVN1PROD with NOTICES Determination On the basis of the record 1 developed in the subject five-year reviews, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), that termination of the suspended antidumping duty investigation on lemon juice from Argentina would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.2 The Commission also determines that termination of the suspended antidumping duty investigation on lemon juice from Mexico would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted these reviews on August 1, 2012 (77 FR 45653) and determined on November 5, 2012 that it would conduct full reviews (77 FR 67833, November 14, 2012). Notice of the scheduling of the Commission’s reviews and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register on December 5, 2012 (77 FR 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 Commissioner Daniel R. Pearson made a negative determination with respect to the suspended investigation on lemon juice from Argentina. VerDate Mar<15>2010 17:02 Jul 31, 2013 72384). The hearing was held in Washington, DC, on May 16, 2013, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission completed and filed its determinations in these reviews on July 26, 2013. The views of the Commission are contained in USITC Publication 4418 (July 2013), entitled Lemon Juice from Argentina and Mexico: Investigation Nos. 731–TA– 1105–1106 (Review). Jkt 229001 [Investigation No. 337–TA–833] Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Appliances, the Appliances Made Therefrom, and Methods of Making Same; Notice of Commission Determination To Review the Final Initial Determination of the Administrative Law Judge; Schedule for Filing Written Submissions on Review U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (‘‘final ID’’ or ‘‘ID’’) in the above-captioned investigation. 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 SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: This investigation was instituted on April 5, 2012, based upon a complaint filed on behalf of Align Technology, Inc., of San Jose, California (‘‘Align’’), on March 1, 2012, as corrected on March 22, 2012. 77 FR 20648 (April 5, 2012). The complaint alleged violations of Section 337 of the Tariff Act of 1930, 19 U.S.C. 1337 (‘‘Section 337’’) in the sale for importation, importation, or sale within the United States after importation of certain digital models, digital data, and treatment plans for use in making incremental dental appliances, the appliances made therefrom, and methods of making the same by reason of infringement of certain claims of U.S. Patent No. 6,217,325 (‘‘the ’325 patent’’); U.S. Patent No. 6,471,511 (‘‘the ’511 patent’’); U.S. Patent No. 6,626,666; U.S. Patent No. 6,705,863 (‘‘the ’863 patent’’); U.S. Patent No. 6,722,880 (‘‘the ’880 patent’’); U.S. Patent No. 7,134,874 (‘‘the ’874 patent’’); and U.S. Patent No. 8,070,487 (the ’487 patent’’). The notice of institution named as respondents ClearCorrect Pakistan (Private), Ltd. of Lahore, Pakistan and ClearCorrect Operating, LLC of Houston, Texas (collectively, ‘‘the Respondents’’). On May 6, 2013, the administrative law review issued the final ID, finding a violation of Section 337 with respect to the ’325 patent, the ’880 patent, the ’487 patent, the ’511 patent, ’863 patent, and the ’874 patent. The ALJ recommended the issuance of cease and desist orders. On May 20, 2013, Align, the Respondents, and the Commission investigative attorney each filed a petition for review. On May 28, 2013, each of the parties filed a response thereto. On June 5, 2013, Align filed a statement on the public interest. On June 13, 2013, the Respondents filed a statement on the public interest. After considering the ID and the relevant portions of the record, the Commission has determined to review the ID in its entirety. The parties should brief their positions on the issues under review with reference to the applicable law and the evidentiary record. In connection with its review, the Commission is particularly interested in responses to the following questions: Question 1: Does the language and legislative history of Section 337 provide a basis for interpreting ‘‘articles’’ to cover electronic transmissions? Does the Commission’s remedial cease and desist order in Certain Hardware Logic Emulation Systems and Components Thereof, Inv. No. E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 337–TA–383 (1998), which prohibited the electronic transmission of data, necessarily mean that electronic transmission is importation for purposes of violation within the meaning of Section 337(a)(1)(B)? Question 2: Is the use of a computer to perform an operation (such as interpolation), which was previously performed in an analog manner, the type of advance which does not render the asserted patent claims nonobvious over the prior art on the facts of this case? Please answer with regard to the factual record in this investigation. In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue one or more cease and desist orders that could result in a respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843, Comm’n Op. at 9 (December 1994). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the United States Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore VerDate Mar<15>2010 17:02 Jul 31, 2013 Jkt 229001 interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The parties to the investigation are requested to file written submissions on the issues identified in this notice. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ 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 also requested to state the date that the patents expire and the HTSUS subheadings under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on August 8, 2013. Reply submissions must be filed no later than the close of business on August 15, 2013. The written submissions must be no longer than 20 pages and the reply submissions must be no longer than 10 pages. No further submissions on these issues 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 8 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 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 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. 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). PO 00000 By order of the Commission. Frm 00047 Fmt 4703 Sfmt 4703 46611 Issued: July 25, 2013. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2013–18458 Filed 7–31–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–833] Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Appliances, the Appliances Made Therefrom, and Methods of Making Same; Notice of Commission Determination To Review the Final Initial Determination of the Administrative Law Judge; Schedule for Filing Written Submissions on Review U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review the final initial determination (‘‘final ID’’ or ‘‘ID’’) in the above-captioned investigation. 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: This investigation was instituted on April 5, 2012, based upon a complaint filed on behalf of Align Technology, Inc., of San Jose, California (‘‘Align’’), on March 1, 2012, as corrected on March 22, 2012. 77 FR 20648 (April 5, 2012). The complaint alleged violations of Section 337 of the Tariff Act of 1930, 19 U.S.C. 1337 (‘‘Section 337’’) in the sale for importation, importation, or sale within SUMMARY: E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46610-46611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18458]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-833]


Certain Digital Models, Digital Data, and Treatment Plans for Use 
in Making Incremental Dental Appliances, the Appliances Made Therefrom, 
and Methods of Making Same; Notice of Commission Determination To 
Review the Final Initial Determination of the Administrative Law Judge; 
Schedule for Filing Written Submissions on Review

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review the final initial determination 
(``final ID'' or ``ID'') in the above-captioned investigation.

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: This investigation was instituted on April 
5, 2012, based upon a complaint filed on behalf of Align Technology, 
Inc., of San Jose, California (``Align''), on March 1, 2012, as 
corrected on March 22, 2012. 77 FR 20648 (April 5, 2012). The complaint 
alleged violations of Section 337 of the Tariff Act of 1930, 19 U.S.C. 
1337 (``Section 337'') in the sale for importation, importation, or 
sale within the United States after importation of certain digital 
models, digital data, and treatment plans for use in making incremental 
dental appliances, the appliances made therefrom, and methods of making 
the same by reason of infringement of certain claims of U.S. Patent No. 
6,217,325 (``the '325 patent''); U.S. Patent No. 6,471,511 (``the '511 
patent''); U.S. Patent No. 6,626,666; U.S. Patent No. 6,705,863 (``the 
'863 patent''); U.S. Patent No. 6,722,880 (``the '880 patent''); U.S. 
Patent No. 7,134,874 (``the '874 patent''); and U.S. Patent No. 
8,070,487 (the '487 patent''). The notice of institution named as 
respondents ClearCorrect Pakistan (Private), Ltd. of Lahore, Pakistan 
and ClearCorrect Operating, LLC of Houston, Texas (collectively, ``the 
Respondents'').
    On May 6, 2013, the administrative law review issued the final ID, 
finding a violation of Section 337 with respect to the '325 patent, the 
'880 patent, the '487 patent, the '511 patent, '863 patent, and the 
'874 patent. The ALJ recommended the issuance of cease and desist 
orders.
    On May 20, 2013, Align, the Respondents, and the Commission 
investigative attorney each filed a petition for review. On May 28, 
2013, each of the parties filed a response thereto. On June 5, 2013, 
Align filed a statement on the public interest. On June 13, 2013, the 
Respondents filed a statement on the public interest.
    After considering the ID and the relevant portions of the record, 
the Commission has determined to review the ID in its entirety.
    The parties should brief their positions on the issues under review 
with reference to the applicable law and the evidentiary record. In 
connection with its review, the Commission is particularly interested 
in responses to the following questions:

    Question 1: Does the language and legislative history of Section 
337 provide a basis for interpreting ``articles'' to cover 
electronic transmissions? Does the Commission's remedial cease and 
desist order in Certain Hardware Logic Emulation Systems and 
Components Thereof, Inv. No.

[[Page 46611]]

337-TA-383 (1998), which prohibited the electronic transmission of 
data, necessarily mean that electronic transmission is importation 
for purposes of violation within the meaning of Section 
337(a)(1)(B)?
    Question 2: Is the use of a computer to perform an operation 
(such as interpolation), which was previously performed in an analog 
manner, the type of advance which does not render the asserted 
patent claims nonobvious over the prior art on the facts of this 
case? Please answer with regard to the factual record in this 
investigation.

    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in a 
respondent being required to cease and desist from engaging in unfair 
acts in the importation and sale of such articles. Accordingly, the 
Commission is interested in receiving written submissions that address 
the form of remedy, if any, that should be ordered. If a party seeks 
exclusion of an article from entry into the United States for purposes 
other than entry for consumption, the party should so indicate and 
provide information establishing that activities involving other types 
of entry either are adversely affecting it or likely to do so. For 
background, see Certain Devices for Connecting Computers via Telephone 
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 9 
(December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the United States 
Trade Representative, as delegated by the President, has 60 days to 
approve or disapprove the Commission's action. See Presidential 
Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this 
period, the subject articles would be entitled to enter the United 
States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested parties are encouraged to file written submissions on 
the issues of remedy, the public interest, and bonding. Such 
submissions should address the recommended determination by the ALJ 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 also requested to state the 
date that the patents expire and the HTSUS subheadings under which the 
accused products are imported. The written submissions and proposed 
remedial orders must be filed no later than close of business on August 
8, 2013. Reply submissions must be filed no later than the close of 
business on August 15, 2013. The written submissions must be no longer 
than 20 pages and the reply submissions must be no longer than 10 
pages. No further submissions on these issues 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 8 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 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 210.6. Documents for 
which confidential treatment by the Commission is sought will be 
treated accordingly. All non-confidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
    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: July 25, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-18458 Filed 7-31-13; 8:45 am]
BILLING CODE 7020-02-P