Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same: Commission Determination to Affirm-In-Part, Modify-In-Part, and Reverse-In-Part the Final Initial Determination and To Find a Violation of Section 337; Issuance of Cease and Desist Orders; Termination of Investigation, 19640-19641 [2014-07875]

Download as PDF 19640 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Notices River Basin Water Conservation Program. Mr. Timothy McCoy, Manager, Yakima River Basin Water Enhancement Project, telephone 509–575–5848, extension 209. FOR FURTHER INFORMATION CONTACT: The basin conservation program is structured to provide economic incentives with cooperative Federal, State, and local funding to stimulate the identification and implementation of structural and nonstructural cost-effective water conservation measures in the Yakima River basin. Improvements in the efficiency of water delivery and use will result in improved streamflows for fish and wildlife and improve the reliability of water supplies for irrigation. This notice is published in accordance with Section 9(a)(2) of the Federal Advisory Committee Act of 1972 (Pub. L. 92–463, as amended). The certification of renewal is published below. SUPPLEMENTARY INFORMATION: Certification I hereby certify that Charter renewal of the Yakima River Basin Conservation Advisory Group is in the public interest in connection with the performance of duties imposed on the Department of the Interior. Sally Jewell, Secretary of the Interior. [FR Doc. 2014–07936 Filed 4–8–14; 8:45 am] BILLING CODE 4310–MN–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–833] Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same: Commission Determination to AffirmIn-Part, Modify-In-Part, and Reverse-InPart the Final Initial Determination and To Find a Violation of Section 337; Issuance of Cease and Desist Orders; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. TKELLEY on DSK3SPTVN1PROD with NOTICES AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to affirmin-part, modify-in-part, and reverse-inpart the final initial determination (‘‘final ID’’ or ‘‘ID’’), and to find a SUMMARY: VerDate Mar<15>2010 17:54 Apr 08, 2014 Jkt 232001 violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘Section 337’’) in the above-captioned investigation. The Commission has issued cease and desist orders. 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 (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: 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 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 positioning adjustment 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 (‘‘the ‘666 patent’’); 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 (‘‘CCPK’’) and ClearCorrect Operating, LLC of Houston, Texas (‘‘CCUS’’) (collectively, ‘‘the Respondents’’). On May 6, 2013, the presiding administrative law judge (‘‘ALJ’’) 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 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 ‘874 patent. He found no violation as to the ‘666 patent. The ALJ recommended the issuance of cease and desist orders directed to the Respondents. On May 20, 2013, each of the parties 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. On June 16, 2013, the Commission issued notice of its determination to extend the deadline for determining whether to review the final ID to July 25, 2013. On July 25, 2013, the Commission issued notice of its determination to review the final ID in its entirety and to solicit briefing on the issues on review and on remedy, the public interest, and bonding. 78 FR 46611 (August 1, 2013). On August 8, 2013, each of the parties filed written submissions. On August 15, 2013, each filed reply submissions. On September 24, 2013, the Commission issued notice of its determination to extend the target date to November 1, 2013. On November 18, 2013, the Commission issued notice of its determination to extend the target date to January 17, 2014. On January 17, 2014, the Commission determined to extend the target date for completion of the above-captioned investigation to March 21, 2014, and to solicit additional briefing from the parties and the public. On March 21, 2014, the Commission issued notice of its determination to extend the target date for completion of the investigation to April 3, 2014. After considering the ID and the relevant portions of the record, and the submissions of the parties and the public, the Commission has determined to affirm-in-part, modify-in-part, and reverse-in-part the final ID and to find a violation of Section 337. The Commission has issued its opinion setting forth the reasons for its determination. Commissioner Johanson dissents and has filed a dissenting opinion. Specifically, the Commission affirms the ALJ’s conclusion that the accused products are ‘‘articles’’ within the meaning of Section 337(a)(1)(B) and that the mode of bringing the accused products into the United States constitutes importation of the accused products into the United States pursuant to Section 337(a)(1)(B). The Commission has determined to find a violation with respect to (i) claims 1 and 4–8 of the ‘863 patent; (ii) claims 1, 3, 7, and 9 of the ‘666 patent; (iii) claims E:\FR\FM\09APN1.SGM 09APN1 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Notices 1, 3, and 5 of the ‘487 patent; (iv) claims 21, 30, 31 and 32 of the ‘325 patent; and (v) claim 1 of the ‘880 patent. The Commission has issued cease and desist orders directed to CCUS and CCPK, with an exemption for activities related to treatment of existing patients in the United States. The investigation is hereby terminated. 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). telephone number], or by email at Patricia.Kashtan@usdoj.gov. Gregory K. Ridgeway, Acting Director, National Institute of Justice. [FR Doc. 2014–07977 Filed 4–8–14; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1653] Meeting of the Federal Advisory Committee on Juvenile Justice By order of the Commission. Issued: April 3, 2014. Lisa R. Barton, Acting Secretary to the Commission. AGENCY: [FR Doc. 2014–07875 Filed 4–8–14; 8:45 am] SUMMARY: Office of Juvenile Justice and Delinquency Prevention, DOJ. ACTION: Notice of Webinar Meeting. BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (NIJ) Docket No. 1655] Draft of SWGDOC Standard for the Examination of Documents for Alterations National Institute of Justice, JPO, DOJ. AGENCY: Notice and request for comments. ACTION: In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, Scientific Working Group for Forensic Document Examination (SWGDOC) will make available to the general public a draft document entitled, ‘‘SWGDOC Standard for the Examination of Documents for Alterations’’. The opportunity to provide comments on this document is open to forensic document examiners, law enforcement agencies, organizations, and all other stakeholders and interested parties. Those individuals wishing to obtain and provide comments on the draft document under consideration are directed to the following Web site: https://www.swgdoc.org TKELLEY on DSK3SPTVN1PROD with NOTICES SUMMARY: Comments must be received on or before May 31, 2014. DATES: FOR FURTHER INFORMATION CONTACT: Patricia Kashtan, by telephone at 202– 353–1856 [Note: this is not a toll-free VerDate Mar<15>2010 17:54 Apr 08, 2014 Jkt 232001 The Office of Juvenile Justice and Delinquency Prevention (OJJDP) has scheduled a webinar meeting of the Federal Advisory Committee on Juvenile Justice (FACJJ). Dates and Location: The meeting will take place online, as a webinar, on Monday, April 28th, 2014, from 2 p.m. to 5 p.m. (ET). FOR FURTHER INFORMATION CONTACT: Kathi Grasso, Designated Federal Official, OJJDP, Kathi.Grasso@usdoj.gov, or (202) 616–7567. [This is not a tollfree number.] SUPPLEMENTARY INFORMATION: The Federal Advisory Committee on Juvenile Justice (FACJJ), established pursuant to section 3(2)(A) of the Federal Advisory Committee Act (5 U.S.C. App. 2), will meet to carry out its advisory functions under section 223(f)(2)(C–E) of the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. 5633(f)(2)(C–E)). The FACJJ is composed of representatives from the states and territories. FACJJ member duties include: Reviewing Federal policies regarding juvenile justice and delinquency prevention; advising the OJJDP Administrator with respect to particular functions and aspects of OJJDP; and advising the President and Congress with regard to State perspectives on the operation of OJJDP and Federal legislation pertaining to juvenile justice and delinquency prevention. More information on the FACJJ may be found at www.facjj.org. Meeting Agenda: The proposed agenda includes: (a) Welcome and introductions of new members; (b) Report on 2013 FACJJ Report and Report Dissemination Plan; (c) Role of FACJJ/ Issues for consideration; (d) Planning for October 2014 Face-to-Face Meeting and (e) miscellaneous FACJJ business matters. PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 19641 To participate in or view the webinar meeting, members of the FACJJ and the public must pre-register online. Members and interested persons must link to the webinar registration portal through www.facjj.org no later than Wednesday, April 23th, 2014. Upon registration, information will be sent to you at the email address you provide to enable you to connect to the webinar. Should problems arise with webinar registration, please call Michelle Duhart-Tonge at 703–225–2103 [This is not a toll-free telephone number.] Note: Members of the public will be able to listen to and view the webinar as observers, but will not be able to actively participate during the webinar. An on-site room (at the Office of Justice Programs, 810 7th St. NW., Washington, DC) is available for members of the public interested in viewing the webinar in person. If members of the public wish to view the webinar in person, they must notify Kathi Grasso by email message to Kathi.grasso@usdoj.gov, no later than Wednesday, April 23rd, 2014. Please note that, with the exception of the FACJJ chair, FACJJ members will not be physically present in Washington, DC for the webinar. They will participate in the webinar from their respective home jurisdictions. Written Comments: Interested parties may submit written comments in advance to Kathi Grasso, Designated Federal Official, by email message to Kathi.Grasso@usdoj.gov, no later than Wednesday, April 23rd, 2014. Alternatively, fax your comments to 202–307–2819 and contact Joyce Mosso Stokes at 202–305–4445 to ensure that they are received. [These are not tollfree numbers.] Nancy Ayers, Deputy Administrator for Operations, Office of Juvenile Justice and Delinquency Prevention. [FR Doc. 2014–07978 Filed 4–8–14; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Exemptions From Certain Prohibited Transaction Restrictions Employee Benefits Security Administration, Labor. ACTION: Notice of proposed exemptions. AGENCY: This document contains notices of pendency before the Department of Labor (the Department) of proposed exemptions from certain of the SUMMARY: E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Notices]
[Pages 19640-19641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07875]


=======================================================================
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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-833]


Certain Digital Models, Digital Data, and Treatment Plans for Use 
in Making Incremental Dental Positioning Adjustment Appliances, the 
Appliances Made Therefrom, and Methods of Making the Same: Commission 
Determination to Affirm-In-Part, Modify-In-Part, and Reverse-In-Part 
the Final Initial Determination and To Find a Violation of Section 337; 
Issuance of Cease and Desist Orders; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm-in-part, modify-in-part, and 
reverse-in-part the final initial determination (``final ID'' or 
``ID''), and to find a violation of Section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``Section 337'') in the above-
captioned investigation. The Commission has issued cease and desist 
orders.

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 (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: 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 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 positioning adjustment 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 (``the `666 patent''); 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 
(``CCPK'') and ClearCorrect Operating, LLC of Houston, Texas (``CCUS'') 
(collectively, ``the Respondents'').
    On May 6, 2013, the presiding administrative law judge (``ALJ'') 
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. He found no violation as to the `666 
patent. The ALJ recommended the issuance of cease and desist orders 
directed to the Respondents.
    On May 20, 2013, each of the parties 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.
    On June 16, 2013, the Commission issued notice of its determination 
to extend the deadline for determining whether to review the final ID 
to July 25, 2013.
    On July 25, 2013, the Commission issued notice of its determination 
to review the final ID in its entirety and to solicit briefing on the 
issues on review and on remedy, the public interest, and bonding. 78 FR 
46611 (August 1, 2013). On August 8, 2013, each of the parties filed 
written submissions. On August 15, 2013, each filed reply submissions.
    On September 24, 2013, the Commission issued notice of its 
determination to extend the target date to November 1, 2013.
    On November 18, 2013, the Commission issued notice of its 
determination to extend the target date to January 17, 2014.
    On January 17, 2014, the Commission determined to extend the target 
date for completion of the above-captioned investigation to March 21, 
2014, and to solicit additional briefing from the parties and the 
public.
    On March 21, 2014, the Commission issued notice of its 
determination to extend the target date for completion of the 
investigation to April 3, 2014.
    After considering the ID and the relevant portions of the record, 
and the submissions of the parties and the public, the Commission has 
determined to affirm-in-part, modify-in-part, and reverse-in-part the 
final ID and to find a violation of Section 337. The Commission has 
issued its opinion setting forth the reasons for its determination. 
Commissioner Johanson dissents and has filed a dissenting opinion.
    Specifically, the Commission affirms the ALJ's conclusion that the 
accused products are ``articles'' within the meaning of Section 
337(a)(1)(B) and that the mode of bringing the accused products into 
the United States constitutes importation of the accused products into 
the United States pursuant to Section 337(a)(1)(B). The Commission has 
determined to find a violation with respect to (i) claims 1 and 4-8 of 
the `863 patent; (ii) claims 1, 3, 7, and 9 of the `666 patent; (iii) 
claims

[[Page 19641]]

1, 3, and 5 of the `487 patent; (iv) claims 21, 30, 31 and 32 of the 
`325 patent; and (v) claim 1 of the `880 patent. The Commission has 
issued cease and desist orders directed to CCUS and CCPK, with an 
exemption for activities related to treatment of existing patients in 
the United States. The investigation is hereby terminated.
    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: April 3, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-07875 Filed 4-8-14; 8:45 am]
BILLING CODE 7020-02-P
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