Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof; Institution of Investigation, 66934-66935 [2015-27668]

Download as PDF 66934 Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices personal identifying information in your comment, you should be aware that your 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. Dated: September 21, 2015. Jason Phillips, Deputy Regional Director, Mid-Pacific Region. [FR Doc. 2015–27716 Filed 10–29–15; 8:45 am] BILLING CODE 4332–90–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–968] Certain Radiotherapy Systems and Treatment Planning Software, 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 September 25, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Varian Medical Systems, Inc. of Palo Alto, California and Varian Medical Systems International AG of Switzerland. Supplements were filed on October 13, 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 radiotherapy systems and treatment planning software, and components thereof by reason of infringement of certain claims of U.S. Patent No. 7,945,021 (‘‘the ’021 patent’’); U.S. Patent No. 8,116,430 (‘‘the ’430 patent’’); U.S. Patent No. 8,867,703 (‘‘the ’703 patent’’); U.S. Patent No. 7,880,154 (‘‘the ’154 patent’’); U.S. Patent No. 7,906,770 (‘‘the ’770 patent’’); and U.S. Patent No. 8,696,538 (‘‘the ’538 patent’’). The complaint further alleges that an industry in the United States exists 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 tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:37 Oct 29, 2015 Jkt 238001 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 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. 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 October 26, 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 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 radiotherapy systems and treatment planning software, and components thereof by reason of infringement of one or more of claims 1, 2, 4–9, 11–16, 53–56, and 58– 62 of the ’021 patent; claims 1–4, 6–10, 12, 18, and 19 of the ’430 patent; claims 1–10, 12–15, and 17–21 of the ’703 patent; claims 19–28 and 33–36 of the ’154 patent; claims 61–63, 65, and 67– 70 of the ’770 patent; and claims 23, 25, 26, 39–42, 45, and 50 of the ’538 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) 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: Varian Medical Systems, Inc., 3100 Hansen Way, Palo Alto, CA 94304. Varian Medical Systems International AG, Hinterbergstrasse 14, 6330 Cham, ZG, Switzerland. (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: Elekta AB, Kungstensgatan 18, SE–103 93 Stockholm, Sweden. Elekta Ltd., Linac House, Fleming Way, RH10 9RR Crawley, United Kingdom. Elekta GmbH, Borsteler Chaussee 49, 22453 Hamburg, Germany. Elekta Inc., 400 Perimeter Center Terrace, Suite 50, Atlanta, GA 30346. IMPAC Medical Systems, Inc., 100 Mathilda Place, 5th Floor, Sunnyvale, CA 94086 . Elekta Instrument (Shanghai) Limited, Room 3202 & 3203, Pangu Plaza, Office Building, Block A, No. 27 Fourth Ring Mid Road, Chaoyang District, 100101 Shanghai, China. Elekta Beijing Medical Systems Co. Ltd., No. 21, Chuang Xin Road, Science, & Technology Park, Chang Ping, Beijing, 102200, China. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (4) 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 E:\FR\FM\30OCN1.SGM 30OCN1 Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Notices 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. By order of the Commission. Issued: October 26, 2015. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2015–27668 Filed 10–29–15; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–149 (Fourth Review)] Barium Chloride From China; Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930, that revocation of the antidumping duty order on barium chloride from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. tkelley on DSK3SPTVN1PROD with NOTICES Background The Commission, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), instituted this review on May 1, 2015 (80 FR 24973) and determined on August 4, 2015 that it would conduct an expedited review (80 FR 50869, August 21, 2015). The Commission made this determination pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)). It completed and filed its determination in this review on October 27, 2015. The views of the Commission are contained in USITC Publication 4574 (October 2015), entitled Barium Chloride from China: Investigation No. 731–TA–149 (Fourth Review). By order of the Commission. record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 17:37 Oct 29, 2015 Jkt 238001 To submit comments: Send them to: By mail ......... Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. [FR Doc. 2015–27739 Filed 10–29–15; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On October 26, 2015, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Northern District of Ohio in the lawsuit entitled United States v. Cleveland Thermal, LLC., Civil Action No. 1:15–cv–2198. In the Complaint, the United States alleges that Cleveland Thermal, LLC, (‘‘Cleveland Thermal’’) violated, at a steam generating facility that it owns and operates in Cleveland, Ohio, the Prevention of Significant Deterioration regulations, the Nonattainment New Source Review regulations, and the Standards of Performance for New Stationary Sources, all promulgated under the Clean Air Act, 42 U.S.C. 7401 et seq. Under the Consent Decree, Cleveland Thermal will retire all three of its coalfired boilers; will retire three of its five fuel oil-fired boilers; and will operate its remaining two fuel oil-fired boilers as ‘‘limited use’’ boilers. Cleveland Thermal will install and operate new natural gas-fired boilers to replace the lost capacity. The new natural gas-fired boilers must be properly permitted. In addition, Cleveland Thermal may opt to install and operate a properly permitted new, natural gas-fired cogeneration facility. Cleveland Thermal will pay a civil penalty of $75,000 and perform an environmental mitigation project worth $350,000. The publication of this notice opens a period for public comment on the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Cleveland Thermal, LLC, D.J. Ref. No. 90–5–2–1–10579. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: 1 The VerDate Sep<11>2014 Issued: October 27, 2015. William R. Bishop, Supervisory Hearings and Information Officer. Send them to: By e-mail ...... pubcomment-ees.enrd@ usdoj.gov. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 66935 During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611 Please enclose a check or money order for $24.75 (25 cents per page reproduction cost) payable to the United States Treasury. For a paper copy without the exhibits and signature pages, the cost is $15.50. Randall M. Stone, Acting Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2015–27615 Filed 10–29–15; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Office of the Secretary Agency Information Collection Activities; Submission for OMB Review; Comment Request; Resource Justification Model ACTION: Notice. The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) revision titled, ‘‘Resource Justification Model,’’ to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before November 30, 2015. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201507-1205-002 SUMMARY: E:\FR\FM\30OCN1.SGM 30OCN1

Agencies

[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66934-66935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27668]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-968]


Certain Radiotherapy Systems and Treatment Planning Software, and 
Components Thereof; Institution of Investigation

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 September 25, 2015, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Varian Medical Systems, Inc. of Palo Alto, California and 
Varian Medical Systems International AG of Switzerland. Supplements 
were filed on October 13, 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 radiotherapy systems and treatment 
planning software, and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 7,945,021 (``the '021 patent''); U.S. 
Patent No. 8,116,430 (``the '430 patent''); U.S. Patent No. 8,867,703 
(``the '703 patent''); U.S. Patent No. 7,880,154 (``the '154 patent''); 
U.S. Patent No. 7,906,770 (``the '770 patent''); and U.S. Patent No. 
8,696,538 (``the '538 patent''). The complaint further alleges that an 
industry in the United States exists 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 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.

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 October 26, 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 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 radiotherapy 
systems and treatment planning software, and components thereof by 
reason of infringement of one or more of claims 1, 2, 4-9, 11-16, 53-
56, and 58-62 of the '021 patent; claims 1-4, 6-10, 12, 18, and 19 of 
the '430 patent; claims 1-10, 12-15, and 17-21 of the '703 patent; 
claims 19-28 and 33-36 of the '154 patent; claims 61-63, 65, and 67-70 
of the '770 patent; and claims 23, 25, 26, 39-42, 45, and 50 of the 
'538 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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:

Varian Medical Systems, Inc., 3100 Hansen Way, Palo Alto, CA 94304.
Varian Medical Systems International AG, Hinterbergstrasse 14, 6330 
Cham, ZG, Switzerland.

    (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:

Elekta AB, Kungstensgatan 18, SE-103 93 Stockholm, Sweden.
Elekta Ltd., Linac House, Fleming Way, RH10 9RR Crawley, United 
Kingdom.
Elekta GmbH, Borsteler Chaussee 49, 22453 Hamburg, Germany.
Elekta Inc., 400 Perimeter Center Terrace, Suite 50, Atlanta, GA 30346.
IMPAC Medical Systems, Inc., 100 Mathilda Place, 5th Floor, Sunnyvale, 
CA 94086 .
Elekta Instrument (Shanghai) Limited, Room 3202 & 3203, Pangu Plaza, 
Office Building, Block A, No. 27 Fourth Ring Mid Road, Chaoyang 
District, 100101 Shanghai, China.
Elekta Beijing Medical Systems Co. Ltd., No. 21, Chuang Xin Road, 
Science, & Technology Park, Chang Ping, Beijing, 102200, China.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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

[[Page 66935]]

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.

    By order of the Commission.

    Issued: October 26, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-27668 Filed 10-29-15; 8:45 am]
BILLING CODE 7020-02-P