Certain Activity Tracking Devices, Systems, and Components Thereof; Institution of Investigation, 50870-50871 [2015-20730]

Download as PDF 50870 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices rmajette on DSK7SPTVN1PROD with NOTICES of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (https:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On August 4, 2015, the Commission determined that the domestic interested party group response to its notice of institution (80 FR 24973, May 1, 2015) of the subject five-year review was adequate and that the respondent interested party group response was inadequate. The Commission did not find any other circumstances that would warrant conducting a full review.1 Accordingly, the Commission determined that it would conduct an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)). For further information concerning the conduct of this review and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207). Staff report.—A staff report containing information concerning the subject matter of the review will be placed in the nonpublic record on September 18, 2015, and made available to persons on the Administrative Protective Order service list for this review. A public version will be issued thereafter, pursuant to section 207.62(d)(4) of the Commission’s rules. Written submissions.—As provided in section 207.62(d) of the Commission’s rules, interested parties that are parties to the review and that have provided individually adequate responses to the notice of institution,2 and any party other than an interested party to the 1 A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. 2 The Commission has found the response submitted by Chemical Products Corporation to be individually adequate. Comments from other interested parties will not be accepted (see 19 CFR 207.62(d)(2)). VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 review may file written comments with the Secretary on what determination the Commission should reach in the review. Comments are due on or before September 23, 2015 and may not contain new factual information. Any person that is neither a party to the fiveyear review nor an interested party may submit a brief written statement (which shall not contain any new factual information) pertinent to the review by September 23, 2015. However, should the Department of Commerce extend the time limit for its completion of the final results of its review, the deadline for comments (which may not contain new factual information) on Commerce’s final results is three business days after the issuance of Commerce’s results. If comments contain business proprietary information (BPI), they must conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. Please be aware that the Commission’s rules with respect to filing have changed. The most recent amendments took effect on July 25, 2014. See 79 FR 35920 (June 25, 2014), and the revised Commission Handbook on E-filing, available from the Commission’s Web site at https:// edis.usitc.gov. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Determination.—The Commission has determined this review is extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B). Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. Issued: August 18, 2015. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–20689 Filed 8–20–15; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–963] Certain Activity Tracking Devices, Systems, and Components Thereof; Institution of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 7, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. of Pittsburgh, Pennsylvania. A supplement was filed on July 24, 2015. The complaint as supplemented 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 activity tracking devices, systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,073,707 (‘‘the ’707 patent’’); U.S. Patent No. 8,398,546 (‘‘the ’546 patent’’); U.S. Patent No. 8,446,275 (‘‘the ’275 patent’’); U.S. Patent No. 8,529,811 (‘‘the ’811 patent’’); U.S. Patent No. 8,793,522 (‘‘the ’522 patent’’); and U.S. Patent No. 8,961,413 (‘‘the ’413 patent’’), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint further alleges misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States. 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 SUMMARY: E:\FR\FM\21AUN1.SGM 21AUN1 rmajette on DSK7SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Notices 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 (2015). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on August 17, 2015, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) 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 activity tracking devices, systems, and components thereof by reason of infringement of one or more of claims 19, 23, and 24 of the ’707 patent; claims 1–18 and 20–28 of the ’546 patent; claims 1, 2, 4, 5, 8–10, 13–15, 18, and 19 of the ’275 patent; claims 1, 5– 7, 16, and 17 of the ’811 patent; claim 2 of the ’522 patent; and claims 1–3, 5, 7–9, 11, and 12 of the ’413 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (b) whether there is a violation of subsection (a)(1)(A) 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 activity tracking devices, systems, and components thereof by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the United States; (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: AliphCom d/b/a Jawbone, 99 Rhode Island Street, 3rd Floor, San Francisco, CA 94103. BodyMedia, Inc., Union Trust Building, 501 Grant Street, Suite 1075, Pittsburgh, PA 15219. (b) The respondents are the following entities alleged to be in violation of VerDate Sep<11>2014 15:07 Aug 20, 2015 Jkt 235001 section 337, and are the parties upon which the complaint is to be served: Fitbit, Inc., 405 Howard Street, San Francisco, CA 94105. Flextronics International Ltd., 6201 America Center Drive, San Jose, CA 95002. Flextronics Sales & Marketing (A–P) Ltd., Suite 802, St. James Court, St. Denis Street, Port Louis, Mauritius. (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 respondent. Issued: August 18, 2015. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–20730 Filed 8–20–15; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 50871 DEPARTMENT OF JUSTICE [OMB Number 1122–0028] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection Office on Violence Against Women, Department of Justice. AGENCY: ACTION: 60-day notice. The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. SUMMARY: Comments are encouraged and will be accepted for 60 days until October 20, 2015. DATES: If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Office on Violence Against Women, at 202–514–5430 or Catherine.poston@usdoj.gov. FOR FURTHER INFORMATION CONTACT: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. SUPPLEMENTARY INFORMATION: E:\FR\FM\21AUN1.SGM 21AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Notices]
[Pages 50870-50871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20730]


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

 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-963]


Certain Activity Tracking Devices, Systems, and Components 
Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on July 7, 2015, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
AliphCom d/b/a Jawbone of San Francisco, California and BodyMedia, Inc. 
of Pittsburgh, Pennsylvania. A supplement was filed on July 24, 2015. 
The complaint as supplemented 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 
activity tracking devices, systems, and components thereof by reason of 
infringement of certain claims of U.S. Patent No. 8,073,707 (``the '707 
patent''); U.S. Patent No. 8,398,546 (``the '546 patent''); U.S. Patent 
No. 8,446,275 (``the '275 patent''); U.S. Patent No. 8,529,811 (``the 
'811 patent''); U.S. Patent No. 8,793,522 (``the '522 patent''); and 
U.S. Patent No. 8,961,413 (``the '413 patent''), and that an industry 
in the United States exists as required by subsection (a)(2) of section 
337. The complaint further alleges misappropriation of trade secrets, 
the threat or effect of which is to destroy or substantially injure an 
industry in the United States.
    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

[[Page 50871]]

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 (2015).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 17, 2015, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 activity tracking devices, systems, and components thereof by 
reason of infringement of one or more of claims 19, 23, and 24 of the 
'707 patent; claims 1-18 and 20-28 of the '546 patent; claims 1, 2, 4, 
5, 8-10, 13-15, 18, and 19 of the '275 patent; claims 1, 5-7, 16, and 
17 of the '811 patent; claim 2 of the '522 patent; and claims 1-3, 5, 
7-9, 11, and 12 of the '413 patent; and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (b) whether there is a violation of subsection (a)(1)(A) 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 activity tracking devices, systems, and components thereof by 
reason of misappropriation of trade secrets, the threat or effect of 
which is to destroy or substantially injure an industry in the United 
States;
    (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:
    AliphCom d/b/a Jawbone, 99 Rhode Island Street, 3rd Floor, San 
Francisco, CA 94103.
    BodyMedia, Inc., Union Trust Building, 501 Grant Street, Suite 
1075, Pittsburgh, PA 15219.
    (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:
    Fitbit, Inc., 405 Howard Street, San Francisco, CA 94105.
    Flextronics International Ltd., 6201 America Center Drive, San 
Jose, CA 95002.
    Flextronics Sales & Marketing (A-P) Ltd., Suite 802, St. James 
Court, St. Denis Street, Port Louis, Mauritius.
    (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 respondent.

    Issued: August 18, 2015.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-20730 Filed 8-20-15; 8:45 am]
 BILLING CODE 7020-02-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.