Certain Lithium Silicate Materials and Products Containing the Same; Institution of Investigation Pursuant to 19 U.S.C. 1337, 17180-17181 [2014-06715]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17180-17181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06715]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-911]


Certain Lithium Silicate Materials and Products Containing the 
Same; Institution of Investigation Pursuant to 19 U.S.C. 1337

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 February 19, 2014, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Ivoclar Vivadent AG of Schaan, Liechtenstein; Ivoclar Vivadent, Inc. of 
Amherst, New York; and Ivoclar Vivadent Manufacturing Inc. of Somerset, 
New Jersey. 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 lithium 
silicate materials and products containing the same by reason of 
infringement of certain claims of U.S. Patent No. 8,047,021 (``the '021 
patent'') and U.S. Patent No. 8,444,756 (``the '756 patent''). The 
complaint further alleges that an industry in the United States exists 
or is in the process of being

[[Page 17181]]

established as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited 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 (2013).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 21, 2014, 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 lithium 
silicate materials and products containing the same by reason of 
infringement of one or more of claims 1, 2, 5-7, 11-14, and 16-18 of 
the '021 patent and claims 1, 2, 5-7, 9-11, and 15 of the '756 patent, 
and whether an industry in the United States exists or is in the 
process of being established as required by subsection (a)(2) 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 complainants are:

Ivoclar Vivadent AG, Bendererstrasse 2, 9494 Schaan, Liechtenstein.
Ivoclar Vivadent, Inc., 175 Pineview Drive, Amherst, NY 14228.
Ivoclar Vivadent Manufacturing Inc., 500 Memorial Drive, Somerset, NJ 
08873.

    (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:

Dentsply International Inc., 221 West Philadelphia Street, York, PA 
17405.
Dentsply Prosthetics U.S. LLC, a/k/a Dentsply Ceramco, 570 West College 
Avenue, York, PA 17401.
DeguDent GmbH, Rodenbacher Chaussee 4, 63457 Hanau-Wolfgang, Germany.

    (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(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 therefor 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 respondent, 
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: March 21, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-06715 Filed 3-26-14; 8:45 am]
BILLING CODE 7020-02-P