Certain Kinesiotherapy Devices and Components Thereof; Commission Decision To Adopt a Report Issued by the Office of Unfair Import Investigations as an Advisory Opinion, 38330 [2014-15717]
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Federal Register / Vol. 79, No. 129 / Monday, July 7, 2014 / Notices
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.
Michael P. Campbell,
Associate Deputy State Director for
Communications.
[FR Doc. 2014–15754 Filed 7–3–14; 8:45 am]
BILLING CODE 4310–33–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–Ta–823 (Advisory
Opinion Proceeding)]
Certain Kinesiotherapy Devices and
Components Thereof; Commission
Decision To Adopt a Report Issued by
the Office of Unfair Import
Investigations as an Advisory Opinion
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has decided to adopt the
report prepared by the Office of Unfair
Import Investigations (‘‘OUII’’) as the
Commission’s advisory opinion in the
above-captioned proceeding.
FOR FURTHER INFORMATION CONTACT:
Michael Haldenstein, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–2737. 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 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. 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
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:59 Jul 03, 2014
Jkt 232001
Wilmington, Delaware (collectively,
‘‘Standard Innovation’’). 77 FR 1504–05
(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 ’779 patent’’). The
complaint named twenty-one business
entities as respondents, including Lelo
Inc. and Leloi AB (collectively, ‘‘Lelo’’).
On July 25, 2012, the Commission
determined not to review an ID (Order
No. 25) granting complainants’ motion
to withdraw the ’779 patent from the
investigation.
On June 17, 2013, the Commission
issued its final determination finding
that Standard Innovation had proven a
violation of section 337 based on the
infringement of the asserted claims of
the ’605 patent. Based on evidence of a
pattern of violation and difficulty
ascertaining the source of the infringing
products, the Commission issued a
general exclusion order against certain
kinesiotherapy devices and components
thereof that infringe the asserted claims
of the ’605 patent. The Commission also
issued cease and desist orders against
certain respondents, including Lelo Inc.
On September 30, 2013, Lelo filed a
request with the Commission asking for
institution of an advisory opinion
proceeding to declare that its new
kinesiotherapy devices are not covered
by the general exclusion order or the
cease and desist order issued against
Lelo Inc. Standard Innovation filed a
response on November 12, 2013,
opposing Lelo’s request.
On February 7, 2014, the Commission
determined that Lelo’s request complied
with the requirements for institution of
an advisory opinion proceeding under
Commission Rule 210.79. The
Commission therefore determined to
institute an advisory opinion
proceeding and assigned the proceeding
to OUII. 79 FR 8731–32 (Feb.13, 2014).
The Commission assigned OUII the task
of investigating and preparing a report
concerning Lelo’s new kinesiotherapy
devices, and it named Standard
Innovation and Lelo as parties to the
proceeding.
On May 5, 2014, OUII issued a report
concluding that the new kinesiotherapy
devices developed by Lelo are not
covered by the general exclusion order
and cease and desist order against Lelo,
Inc. issued in the underlying
investigation. In so doing, OUII
concluded, inter alia, that (1) Lelo met
its burden of showing non-infringement
with respect to the claim term ‘‘elongate
outer arm;’’ (2) Lelo failed to meet its
burden of showing non-infringement
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
with respect to the claim element ‘‘at
least one of the inner and outer arms are
generally tear-drop shaped.’’ On May
15, 2014, Standard Innovation and Lelo
filed comments on the report prepared
by OUII. On May 22, 2014, Standard
Innovation and Lelo filed replies to the
comments.
After reviewing the report and the
submissions of Standard Innovation and
Lelo, the Commission has decided to
adopt the report issued by OUII as its
advisory opinion in this proceeding.
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: June 30, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014–15717 Filed 7–3–14; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
AGENCY:
ACTION:
Notice.
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Devices Containing
Non-Volatile Memory and Products
Containing the Same, DN 3020; the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing under
section 210.8(b) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.8(b)).
SUMMARY:
Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW., Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at EDIS,1 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
FOR FURTHER INFORMATION CONTACT:
1 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Notices]
[Page 38330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15717]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-Ta-823 (Advisory Opinion Proceeding)]
Certain Kinesiotherapy Devices and Components Thereof; Commission
Decision To Adopt a Report Issued by the Office of Unfair Import
Investigations as an Advisory Opinion
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has decided to adopt the report prepared by the Office of
Unfair Import Investigations (``OUII'') as the Commission's advisory
opinion in the above-captioned proceeding.
FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW., Washington, DC 20436, telephone (202) 205-2737. 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 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.
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
1504-05 (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 '779 patent''). The
complaint named twenty-one business entities as respondents, including
Lelo Inc. and Leloi AB (collectively, ``Lelo''). On July 25, 2012, the
Commission determined not to review an ID (Order No. 25) granting
complainants' motion to withdraw the '779 patent from the
investigation.
On June 17, 2013, the Commission issued its final determination
finding that Standard Innovation had proven a violation of section 337
based on the infringement of the asserted claims of the '605 patent.
Based on evidence of a pattern of violation and difficulty ascertaining
the source of the infringing products, the Commission issued a general
exclusion order against certain kinesiotherapy devices and components
thereof that infringe the asserted claims of the '605 patent. The
Commission also issued cease and desist orders against certain
respondents, including Lelo Inc.
On September 30, 2013, Lelo filed a request with the Commission
asking for institution of an advisory opinion proceeding to declare
that its new kinesiotherapy devices are not covered by the general
exclusion order or the cease and desist order issued against Lelo Inc.
Standard Innovation filed a response on November 12, 2013, opposing
Lelo's request.
On February 7, 2014, the Commission determined that Lelo's request
complied with the requirements for institution of an advisory opinion
proceeding under Commission Rule 210.79. The Commission therefore
determined to institute an advisory opinion proceeding and assigned the
proceeding to OUII. 79 FR 8731-32 (Feb.13, 2014). The Commission
assigned OUII the task of investigating and preparing a report
concerning Lelo's new kinesiotherapy devices, and it named Standard
Innovation and Lelo as parties to the proceeding.
On May 5, 2014, OUII issued a report concluding that the new
kinesiotherapy devices developed by Lelo are not covered by the general
exclusion order and cease and desist order against Lelo, Inc. issued in
the underlying investigation. In so doing, OUII concluded, inter alia,
that (1) Lelo met its burden of showing non-infringement with respect
to the claim term ``elongate outer arm;'' (2) Lelo failed to meet its
burden of showing non-infringement with respect to the claim element
``at least one of the inner and outer arms are generally tear-drop
shaped.'' On May 15, 2014, Standard Innovation and Lelo filed comments
on the report prepared by OUII. On May 22, 2014, Standard Innovation
and Lelo filed replies to the comments.
After reviewing the report and the submissions of Standard
Innovation and Lelo, the Commission has decided to adopt the report
issued by OUII as its advisory opinion in this proceeding.
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: June 30, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-15717 Filed 7-3-14; 8:45 am]
BILLING CODE 7020-02-P