Certain Windshield Wiper Devices and Components; Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order, 26255-26256 [2016-10173]

Download as PDF Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices Archaeologist Bioarchaeology Program in early 2014. The individuals are young adults of indeterminate sex, each represented by cranial remains (Burial Project 2971). No known individuals were identified. No associated funerary objects are present. The human remains from Woodbury County, IA, have been identified as associated with the Oneota tradition based on their proximity to several other Oneota sites in the area. At an unknown date, human remains representing, at minimum, two individuals were removed from an unknown site in Iowa. These human remains were part of the collection made by Amy Harvey (described above). Human skeletal remains found in material labeled as ‘‘NE Iowa, Orr Focus,’’ which had been stored at Stephens College, were transferred to the Office of the State Archaeologist Bioarchaeology Program in 2010 and 2013. How the human remains came into Harvey’s possession is unknown. The human remains represent an adult male aged approximately 30–50 years and an older adult of indeterminate sex (Burial Project 2893, 2955). No known individuals were identified. No associated funerary objects are present. The human remains from the unknown site in Iowa have been identified as associated with the Oneota tradition based on osteological and archival evidence. All human remains reported in this Notice were identified as Native American based on documented association with, or proximity to, Oneota archeological sites. srobinson on DSK5SPTVN1PROD with NOTICES Determinations Made by the {Museum or Federal Agency} Officials of the Office of the State Archaeologist Bioarchaeology Program have determined that: • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 73 individuals of Native American ancestry. • Pursuant to 25 U.S.C. 3001(3)(A), there are no associated funerary objects included in this Notice. • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Iowa Tribe of Kansas and Nebraska; the Iowa Tribe of Oklahoma; the Otoe-Missouria Tribe of Indians, Oklahoma; the Omaha Tribe of Nebraska; the Ponca Tribe of Nebraska; and the Ponca Tribe of Indians of Oklahoma. VerDate Sep<11>2014 20:30 Apr 29, 2016 Jkt 238001 Additional Requestors and Disposition Lineal descendants or representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Lara Noldner, Office of the State Archaeologist Bioarchaeology Program, University of Iowa, 700 S. Clinton Street, Iowa City, IA 52242, telephone (319) 384–0740, email lara-noldner@uiowa.edu, by June 1, 2016. After that date, if no additional requestors have come forward, transfer of control of the human remains to the Iowa Tribe of Kansas and Nebraska; the Iowa Tribe of Oklahoma; the OtoeMissouria Tribe of Indians, Oklahoma; the Omaha Tribe of Nebraska; the Ponca Tribe of Nebraska; and the Ponca Tribe of Indians of Oklahoma may proceed. The Office of the State Archaeologist Bioarchaeology Program is responsible for notifying the Iowa Tribe of Kansas and Nebraska; the Iowa Tribe of Oklahoma; the Otoe-Missouria Tribe of Indians, Oklahoma; the Omaha Tribe of Nebraska; the Ponca Tribe of Nebraska; and the Ponca Tribe of Indians of Oklahoma that this notice has been published. Dated: March 31, 2016. Melanie O’Brien, Manager, National NAGPRA Program. [FR Doc. 2016–10185 Filed 4–29–16; 8:45 am] BILLING CODE 4312–50–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–934] Certain Windshield Wiper Devices and Components; Commission Final Determination of Violation of Section 337; Termination of Investigation; Issuance of Limited Exclusion Order U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has found 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 determined to issue a limited exclusion order. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) SUMMARY: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 26255 708–2301. 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 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. 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 October 27, 2014, based on a Complaint filed by Nobel Biocare Services AG of Kloten, Switzerland and Nobel Biocare USA, LLC of Yorba Linda, California (collectively, ‘‘Nobel’’), as supplemented. 79 FR 63940–41 (Oct. 27, 2014). The Complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the sale for importation, importation, and sale within the United States after importation of certain dental implants by reason of infringement of certain claims of U.S. Patent Nos. 8,714,977 (‘‘the ’977 patent’’) and 8,764,443 (‘‘the ’443 patent’’). The Complaint further alleges the existence of a domestic industry. The Commission’s Notice of Investigation named as respondents Neodent USA, Inc., of Andover, Massachusetts and ´ ´ JJGC Industria e Comercio de Materiais ´ Dentarios S/A of Curitiba, Brazil (collectively, ‘‘Respondents’’). The Commission previously terminated the investigation in part as to certain claims of the ’443 patent. Notice (Apr. 29, 2015); Order No. 22 (Apr. 8, 2015). The Commission also amended the Notice of Investigation to reflect the corporate name change of Neodent USA, Inc. to Instradent USA, Inc. Notice (May 6, 2015); Order No. 24 (Apr. 9, 2015). The use of the term ‘‘Respondents’’ herein refers to the current named respondents. On October 27, 2015, the ALJ issued his final ID, finding a violation of section 337 with respect to asserted claims 15, 18, 19, 30, and 32 of the ’443 patent, and finding no violation with respect to asserted claim 17 of the ’443 patent and all of the asserted claims of the ’977 patent. In particular, the final ID finds that the accused products infringe claims 1–5 and 19 of the ’977 E:\FR\FM\02MYN1.SGM 02MYN1 srobinson on DSK5SPTVN1PROD with NOTICES 26256 Federal Register / Vol. 81, No. 84 / Monday, May 2, 2016 / Notices patent and claims 15, 18, 19, 30, and 32 of the ’443 patent, but do not infringe claim 17 of the ’443 patent. The final ID also found that Respondents have shown that the asserted claims of the ’977 patent are invalid for anticipation under 35 U.S.C. 102, but have not shown that the asserted claims of the ’443 are invalid. In addition, the final ID found that Respondents failed to show that the asserted claims of the ’977 and ’443 patents are unenforceable due to inequitable conduct. The final ID further found that Nobel has satisfied the domestic industry requirement with respect to both the ’977 and ’443 patents. On November 10, 2015, the ALJ issued his recommended determination (‘‘RD’’) on remedy and bonding. The RD recommended that the appropriate remedy is a limited exclusion order barring entry of Respondents’ infringing dental implants. The RD did not recommend issuance of a cease and desist order against any respondent. The RD recommended the imposition of a bond of $120 per imported unit during the period of Presidential review. On November 9, 2015, Nobel filed a petition for review of the final ID’s finding of no violation with respect to claims 1–5 of the ’977 patent. In particular, Nobel requested review of the final ID’s finding that the March 2003 Product Catalog of Alpha Bio Tec, Ltd. (‘‘the 2003 Alpha Bio Tec Catalog’’) constitutes prior art under 35 U.S.C. 102(b), arguing that the catalog was not sufficiently publicly accessible prior to the critical date. Nobel also requested, if the Commission determines not to review the ID’s prior art finding, that the Commission review the final ID’s construction of the limitation ‘‘the coronal region having a frustoconical shape’’ recited in claim 1 of the ’977 patent and, accordingly, review the final ID’s finding that the accused products do not infringe claims 1–5 of the ’977 patent under Nobel’s proposed construction of that limitation. Nobel further argued that, should the Commission agree partially with Nobel concerning the proper construction of the limitation ‘‘the coronal region having a frustoconical shape,’’ the 2003 Alpha-Bio Tec Catalog does not anticipate the asserted claims of the ’977 patent. No party petitioned for review of the final ID’s finding that there is a violation of section 337 with respect to the ’443 patent. On November 17, 2015, Respondents and the Commission investigative attorney each filed responses opposing Nobel’s petition for review. VerDate Sep<11>2014 20:30 Apr 29, 2016 Jkt 238001 On December 10, 2015, Respondents submited a post-RD statement on the public interest pursuant to Commission Rule 210.50(a)(4). On December 14, 2015, Nobel submited a post-RD statement on the public interest pursuant to Commission Rule 210.50(a)(4). No responses were filed by the public in response to the post-RD Commission Notice issued on November 12, 2015. See Notice of Request for Statements on the Public Interest, 80 FR 76574–75 (Dec. 9, 2015), see also Correction of Notice, 80 FR 77376–77 (Dec. 14, 2015). On January 14, 2016, the Commission determined to review the Final ID in part with respect to the ’977 patent. 81 FR 3471–3473 (Jan. 21, 2016). Specifically, the Commission determined to review the final ID’s construction of the limitation ‘‘coronal region having a frustoconical shape’’ recited in claim 1 of the ’977 patent with regard to whether or not the term ‘‘frustoconical shape’’ is an adjective that modifies the claimed ‘‘coronal region’’ or whether the term is an independent structure that may comprise only a portion of the claimed ‘‘coronal region.’’ In accordance with its claim construction review, the Commission further determined to review the final ID’s infringement findings with respect to claims 1–5 of the ’977 patent, as well as the final ID’s finding that the technical prong of the domestic industry requirement is satisfied with respect to claims 1–5 of the ’977 patent. The Commission also determined to review the final ID’s finding that the 2003 Alpha Bio Tec Catalog is a printed publication under 35 U.S.C. 102. The Commission further determined to review the final ID’s finding that the 2003 Alpha Bio Tec Catalog anticipates claims 1–5 of the ’977 patent. In connection with its review, the Commission requested briefing on several questions. Id. at 3472. The Commission determined not to review the remaining issues decided in the final ID, including any of the Final ID’s findings with respect to the ’443 patent. The Commission also denied a motion filed by Nobel to amend the Administrative Protective Order issued in this investigation to add specific provisions permitting the use of discovery from this investigation in two co-pending proceedings in the U.S. Patent and Trademark Office captioned as Instradent USA, Inc. v. Nobel Biocare Services AG, IPR2015–01784, and Instradent USA, Inc. v. Nobel Biocare Services AG, IPR2015–01786, as well as Nobel’s motion for leave to file a reply in support of its motion. Id. at 3473. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 On January 21, 2016, the parties filed initial submissions in response to the Commission’s request for written submissions. On January 28, 2016, the parties filed response submissions. Having examined the record of this investigation, including the final ID, the petitions for review, and the responses thereto, and the parties’ submissions on review, the Commission has determined to find that a violation of section 337 has occurred. The Commission has determined that the appropriate form of relief is a limited exclusion order under 19 U.S.C. 1337(d)(1), prohibiting the unlicensed entry of dental implants that infringe any of claims 1–5 of the ’977 patent and claims 15, 18, 19, 30, and 32 of the ’443 patent. The Commission has further determined that consideration of the public interest factors enumerated in section 337(d) (19 U.S.C. 1337(d)) does not preclude issuance of the limited exclusion order. The Commission has determined that the bond for temporary importation during the period of Presidential review (19 U.S.C. 1337(j)) shall be in the amount of $120 per unit of articles subject to the exclusion order. The Commission’s order was delivered to the President and the United States Trade Representative on the day of its issuance. The investigation is 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 26, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–10173 Filed 4–29–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–808 (Third Review)] Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Russia; Institution of a Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine whether revocation of the antidumping SUMMARY: E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26255-26256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10173]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-934]


 Certain Windshield Wiper Devices and Components; Commission 
Final Determination of Violation of Section 337; Termination of 
Investigation; Issuance of Limited Exclusion Order

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found 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 determined to issue a 
limited exclusion order. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2301. 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 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. 
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 October 27, 2014, based on a Complaint filed by Nobel Biocare 
Services AG of Kloten, Switzerland and Nobel Biocare USA, LLC of Yorba 
Linda, California (collectively, ``Nobel''), as supplemented. 79 FR 
63940-41 (Oct. 27, 2014). The Complaint alleges violations of section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 
337''), in the sale for importation, importation, and sale within the 
United States after importation of certain dental implants by reason of 
infringement of certain claims of U.S. Patent Nos. 8,714,977 (``the 
'977 patent'') and 8,764,443 (``the '443 patent''). The Complaint 
further alleges the existence of a domestic industry. The Commission's 
Notice of Investigation named as respondents Neodent USA, Inc., of 
Andover, Massachusetts and JJGC Ind[uacute]stria e Com[eacute]rcio de 
Materiais Dent[aacute]rios S/A of Curitiba, Brazil (collectively, 
``Respondents''). The Commission previously terminated the 
investigation in part as to certain claims of the '443 patent. Notice 
(Apr. 29, 2015); Order No. 22 (Apr. 8, 2015). The Commission also 
amended the Notice of Investigation to reflect the corporate name 
change of Neodent USA, Inc. to Instradent USA, Inc. Notice (May 6, 
2015); Order No. 24 (Apr. 9, 2015). The use of the term ``Respondents'' 
herein refers to the current named respondents.
    On October 27, 2015, the ALJ issued his final ID, finding a 
violation of section 337 with respect to asserted claims 15, 18, 19, 
30, and 32 of the '443 patent, and finding no violation with respect to 
asserted claim 17 of the '443 patent and all of the asserted claims of 
the '977 patent. In particular, the final ID finds that the accused 
products infringe claims 1-5 and 19 of the '977

[[Page 26256]]

patent and claims 15, 18, 19, 30, and 32 of the '443 patent, but do not 
infringe claim 17 of the '443 patent. The final ID also found that 
Respondents have shown that the asserted claims of the '977 patent are 
invalid for anticipation under 35 U.S.C. 102, but have not shown that 
the asserted claims of the '443 are invalid. In addition, the final ID 
found that Respondents failed to show that the asserted claims of the 
'977 and '443 patents are unenforceable due to inequitable conduct. The 
final ID further found that Nobel has satisfied the domestic industry 
requirement with respect to both the '977 and '443 patents.
    On November 10, 2015, the ALJ issued his recommended determination 
(``RD'') on remedy and bonding. The RD recommended that the appropriate 
remedy is a limited exclusion order barring entry of Respondents' 
infringing dental implants. The RD did not recommend issuance of a 
cease and desist order against any respondent. The RD recommended the 
imposition of a bond of $120 per imported unit during the period of 
Presidential review.
    On November 9, 2015, Nobel filed a petition for review of the final 
ID's finding of no violation with respect to claims 1-5 of the '977 
patent. In particular, Nobel requested review of the final ID's finding 
that the March 2003 Product Catalog of Alpha Bio Tec, Ltd. (``the 2003 
Alpha Bio Tec Catalog'') constitutes prior art under 35 U.S.C. 102(b), 
arguing that the catalog was not sufficiently publicly accessible prior 
to the critical date. Nobel also requested, if the Commission 
determines not to review the ID's prior art finding, that the 
Commission review the final ID's construction of the limitation ``the 
coronal region having a frustoconical shape'' recited in claim 1 of the 
'977 patent and, accordingly, review the final ID's finding that the 
accused products do not infringe claims 1-5 of the '977 patent under 
Nobel's proposed construction of that limitation. Nobel further argued 
that, should the Commission agree partially with Nobel concerning the 
proper construction of the limitation ``the coronal region having a 
frustoconical shape,'' the 2003 Alpha-Bio Tec Catalog does not 
anticipate the asserted claims of the '977 patent.
    No party petitioned for review of the final ID's finding that there 
is a violation of section 337 with respect to the '443 patent.
    On November 17, 2015, Respondents and the Commission investigative 
attorney each filed responses opposing Nobel's petition for review.
    On December 10, 2015, Respondents submited a post-RD statement on 
the public interest pursuant to Commission Rule 210.50(a)(4). On 
December 14, 2015, Nobel submited a post-RD statement on the public 
interest pursuant to Commission Rule 210.50(a)(4). No responses were 
filed by the public in response to the post-RD Commission Notice issued 
on November 12, 2015. See Notice of Request for Statements on the 
Public Interest, 80 FR 76574-75 (Dec. 9, 2015), see also Correction of 
Notice, 80 FR 77376-77 (Dec. 14, 2015).
    On January 14, 2016, the Commission determined to review the Final 
ID in part with respect to the '977 patent. 81 FR 3471-3473 (Jan. 21, 
2016). Specifically, the Commission determined to review the final ID's 
construction of the limitation ``coronal region having a frustoconical 
shape'' recited in claim 1 of the '977 patent with regard to whether or 
not the term ``frustoconical shape'' is an adjective that modifies the 
claimed ``coronal region'' or whether the term is an independent 
structure that may comprise only a portion of the claimed ``coronal 
region.'' In accordance with its claim construction review, the 
Commission further determined to review the final ID's infringement 
findings with respect to claims 1-5 of the '977 patent, as well as the 
final ID's finding that the technical prong of the domestic industry 
requirement is satisfied with respect to claims 1-5 of the '977 patent. 
The Commission also determined to review the final ID's finding that 
the 2003 Alpha Bio Tec Catalog is a printed publication under 35 U.S.C. 
102. The Commission further determined to review the final ID's finding 
that the 2003 Alpha Bio Tec Catalog anticipates claims 1-5 of the '977 
patent. In connection with its review, the Commission requested 
briefing on several questions. Id. at 3472.
    The Commission determined not to review the remaining issues 
decided in the final ID, including any of the Final ID's findings with 
respect to the '443 patent. The Commission also denied a motion filed 
by Nobel to amend the Administrative Protective Order issued in this 
investigation to add specific provisions permitting the use of 
discovery from this investigation in two co-pending proceedings in the 
U.S. Patent and Trademark Office captioned as Instradent USA, Inc. v. 
Nobel Biocare Services AG, IPR2015-01784, and Instradent USA, Inc. v. 
Nobel Biocare Services AG, IPR2015-01786, as well as Nobel's motion for 
leave to file a reply in support of its motion. Id. at 3473.
    On January 21, 2016, the parties filed initial submissions in 
response to the Commission's request for written submissions. On 
January 28, 2016, the parties filed response submissions.
    Having examined the record of this investigation, including the 
final ID, the petitions for review, and the responses thereto, and the 
parties' submissions on review, the Commission has determined to find 
that a violation of section 337 has occurred. The Commission has 
determined that the appropriate form of relief is a limited exclusion 
order under 19 U.S.C. 1337(d)(1), prohibiting the unlicensed entry of 
dental implants that infringe any of claims 1-5 of the '977 patent and 
claims 15, 18, 19, 30, and 32 of the '443 patent.
    The Commission has further determined that consideration of the 
public interest factors enumerated in section 337(d) (19 U.S.C. 
1337(d)) does not preclude issuance of the limited exclusion order. The 
Commission has determined that the bond for temporary importation 
during the period of Presidential review (19 U.S.C. 1337(j)) shall be 
in the amount of $120 per unit of articles subject to the exclusion 
order. The Commission's order was delivered to the President and the 
United States Trade Representative on the day of its issuance.
    The investigation is 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 26, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-10173 Filed 4-29-16; 8:45 am]
 BILLING CODE 7020-02-P