Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Commission's Determination To Suspend Remedial Orders Issued in This Investigation, 31254-31255 [2016-11638]

Download as PDF 31254 Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices recreation, visual resources management, Areas of Critical Environmental Concern (ACEC) and National Conservation Lands management, archaeology, paleontology, wildlife and fisheries, special status species, hydrology, soils, rangeland management, air quality, and sociology and economics. Before including your address, phone number, email address, or other 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 may 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. Authority: 40 CFR 1501.7 and 43 CFR 1610.2 Jenna Whitlock, Acting State Director. [FR Doc. 2016–11726 Filed 5–17–16; 8:45 am] BILLING CODE 4310–DQ–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1315 (Preliminary)] Ferrovanadium From Korea sradovich on DSK3TPTVN1PROD with NOTICES Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of ferrovanadium from Korea, provided for in subheading 7202.92.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’). Commencement of Final Phase Investigation Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigation. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the Department of Commerce 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR § 207.2(f)). VerDate Sep<11>2014 17:10 May 17, 2016 Jkt 238001 (‘‘Commerce’’) of an affirmative preliminary determination in the investigation under section 733(b) of the Act, or, if the preliminary determination is negative, upon notice of an affirmative final determination in that investigation under section 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigation need not enter a separate appearance for the final phase of the investigation. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigation. Background On March 28, 2016, the Vanadium Producers and Reclaimers Association and its members AMG Vanadium, LLC, Cambridge, Ohio; Bear Metallurgical Company, Butler, Pennsylvania; Gulf Chemical & Metallurgical Corporation, Freeport, Texas; and Evraz Stratcor, Inc., Hot Springs, Arkansas, filed a petition with the Commission and Commerce, alleging that an industry in the United States is materially injured and threatened with material injury by reason of LTFV imports of ferrovanadium from Korea. Accordingly, effective March 28, 2016, the Commission, pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. § 1673b(a)), instituted antidumping duty investigation No. 731–TA–1315 (Preliminary). Notice of the institution of the Commission’s investigation and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 1, 2016 (81 FR 18888). The conference was held in Washington, DC, on April 18, 2016, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made this determination pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. § 1673b(a)). It completed and filed its determination in this investigation on May 12, 2016. The views of the Commission are contained in USITC Publication 4611 (May 2016), entitled Ferrovanadium from Korea: Investigation No. 731–TA–1315 (Preliminary). PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 By order of the Commission. Issued: May 12, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–11668 Filed 5–17–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–890] Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Commission’s Determination To Suspend Remedial Orders Issued in This Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to suspend the limited exclusion order and cease and desist orders issued in this investigation pending remand proceedings. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3042. 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 (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 August 23, 2013, based on a complaint filed by ResMed Corporation of San Diego, California; ResMed Incorporated of San Diego, California; and ResMed Limited of New South Wales, Australia (collectively, ‘‘ResMed’’). 78 FR 52564 (Aug. 23, 2013). The complaint alleged violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the SUMMARY: E:\FR\FM\18MYN1.SGM 18MYN1 sradovich on DSK3TPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices United States after importation of certain sleep-disordered breathing treatment systems and components thereof that infringe one or more of claims 32–37, 53, 79, 80, and 88 of U.S. Patent No. 7,997,267 (‘‘the ’267 patent’’); claims 1–7 of U.S. Patent No. 7,614,398 (‘‘the ’398 patent’’); claim 1 of U.S. Patent No. 7,938,116 (‘‘the ’116 patent’’); claims 30, 37, and 38 of U.S. Patent No. 7,341,060 (the ’060 patent); claims 1, 3, 5, 11, 28, 30, 31, and 56 of U.S. Patent No. 8,312,883 (‘‘the ’883 patent’’); claims 1, 3, 6, 7, 9, 29, 32, 35, 40, 42, 45, 50, 51, 56, 59, 89, 92, 94, and 96 of U.S. Patent No. 7,178,527 (the ’527 patent); claims 19–24, 26, 29–36, and 39–41 of U.S. Patent No. 7,950,392 (the ’392 patent); and claims 13, 15, 16, 26– 28, 51, 52, and 55 of U.S. Patent No 7,926,487 (‘‘the ’487 patent’’). The notice of investigation named the following respondents: BMC Medical Co., Ltd. of Beijing, China; 3B Medical, Inc. of Lake Wales, Florida; and 3B Products, L.L.C., of Lake Wales, Florida (collectively ‘‘BMC’’). The Office of Unfair Import Investigations (‘‘OUII’’) participated in the investigation. On January 9, 2014, the Administrative Law Judge (‘‘ALJ’’) issued an initial determination (‘‘ID’’) granting a motion by ResMed to amend the complaint and notice of investigation to substitute U.S. Patent No. RE 44,453 (‘‘the ’453 patent’’) for the ’398 patent and to terminate the investigation as to the ’398 patent. See Order No. 7 (Jan. 9, 2014). The Commission determined not to review the ID. See Commission Notice of NonReview (Feb. 10, 2014); 79 FR 9000–01 (Feb. 14, 2014). On February 24, 2014, the ALJ issued an ID granting a motion by ResMed to withdraw its allegations with respect to the ’116 patent. See Order No. 11 (Feb. 24, 2014). The Commission determined not to review the ID. See Commission Notice of Non-Review (March 11, 2014). On March 18, 2014, the ALJ granted a motion by ResMed to terminate the investigation as to claims 26–28 of the ’487 Patent. See Order No. 20 (Mar 18, 2012). The Commission determined not to review the ID. See Commission Notice of Non-Review (Apr. 29, 2014). On August 21, 2014, the ALJ issued his final ID, finding a violation of section 337 by BMC with respect to certain asserted claims of the ’392, ’267, ’060, ’883, ’527, and ’453 patents. The ALJ found no violation of section 337 with respect to the asserted claims of the ’487 patent. On September 3, 2014, the parties filed petitions for review of the ID. On September 11, 2014, the parties filed responses to the petitions for review. VerDate Sep<11>2014 17:10 May 17, 2016 Jkt 238001 On October 16, 2014, the Commission determined to review the final ID in part. 79 FR 63163–65 (Oct. 22, 2014). On review, the Commission determined to affirm the ALJ’s finding of violation of section 337. The Commission, however, found the ’453 patent invalid for anticipation. Having found a violation of section 337, the Commission determined that the appropriate form of relief was (1) a limited exclusion order prohibiting the unlicensed entry of sleep-disordered breathing treatment systems and components thereof that infringe one or more of claims 1, 9, 32, 89, and 92 of the ’527 patent; claims 19, 21, 29, 32, and 36 of the ’392 patent; claims 32, 33, 34, and 53 of the ’267 patent; claims 30, 37, and 38 of the ’060 patent; and claims 1, 3, 5, 11, 28, 30, 31, and 56 of the ’883 patent that are manufactured by, or on behalf of, or are imported by or on behalf of BMC Medical Co., Ltd., 3B Medical, Inc., or 3B Products L.L.C. or any of their affiliated companies, parents, subsidiaries, agents, or other related business entities, or their successors or assigns, except for service and replacement parts for customers that purchased their covered products prior to the date the exclusion order becomes final; and (2) cease and desist orders prohibiting domestic respondents BMC Medical Co., Ltd., 3B Medical, Inc. from conducting any of the following activities in the United States: Importing, selling, marketing, advertising, distributing, transferring (except for exportation), and soliciting U.S. agents or distributors for, sleepdisordered breathing treatment systems and components thereof covered by claims 1, 9, 32, 89, and 92 of the ’527 patent; claims 19, 21, 29, 32, and 36 of the ’392 patent; claims 32, 33, 34, and 53 of the ’267 patent; claims 30, 37, and 38 of the ’060 patent; and claims 1, 3, 5, 11, 28, 30, 31, and 56 of the ’883 patent. On February 18, 2015, ResMed filed a notice of appeal in the U.S. Court of Appeals for the Federal Circuit, seeking review of the Commission’s determination as to the ’453 patent (Appeal No. 2015–1360). On April 14, 2015, BMC filed a notice of appeal in the Federal Circuit, seeking review of the Commission’s domestic industry determination as well as the Commission’s finding that prior art does not render the asserted claims of the ’267 patent invalid for obviousness (Appeal No. 2015–1576). The Court consolidated the two appeals on April 23, 2015. On March 16, 2016, the parties jointly moved to dismiss ResMed’s appeal as to the ’453 patent. On March 17, 2016, the PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 31255 Commission moved to remand BMC’s appeal in light of intervening domestic industry precedent in Lelo Inc. v. International Trade Commisson, 789 F.3d 879 (Fed. Cir. 2015). On March 29, 2016, the Court granted the motion dismiss ResMed’s appeal. On April 22, 2016, the Court granted the Commission’s remand motion, noting the Commission’s indication that it would suspend its remedial orders as it conducts its remand proceedings. The Commission has determined to suspend the remedial orders issued in this investigation pending the outcome of the remand. 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: May 12, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–11638 Filed 5–17–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–997] Certain Sleep-Disordered Breathing Treatment 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 April 14, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of ResMed Corp. of San Diego, California; ResMed Inc. of San Diego, California; and ResMed Ltd. of Australia. A corrected complaint was filed on April 18, 2016, and a supplement was filed on April 19, 2016. The corrected complaint 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 sleeping-disordered breathing treatment systems and components thereof by reason of infringement of certain claims of U.S. Patent No. RE44,453 (‘‘the ’453 patent’’); U.S. Patent No. 8,020,551 (‘‘the ’551 patent’’); U.S. Patent No. 8,006,691 (‘‘the ’691 patent’’); and U.S. Patent No. 9,072,860 (‘‘the ’860 patent’’). The complaint SUMMARY: E:\FR\FM\18MYN1.SGM 18MYN1

Agencies

[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Pages 31254-31255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11638]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-890]


Certain Sleep-Disordered Breathing Treatment Systems and 
Components Thereof; Commission's Determination To Suspend Remedial 
Orders Issued in This Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to suspend the limited exclusion order and 
cease and desist orders issued in this investigation pending remand 
proceedings.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3042. 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 (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 August 23, 2013, based on a complaint filed by ResMed Corporation of 
San Diego, California; ResMed Incorporated of San Diego, California; 
and ResMed Limited of New South Wales, Australia (collectively, 
``ResMed''). 78 FR 52564 (Aug. 23, 2013). The complaint alleged 
violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in 
the importation into the United States, the sale for importation, and 
the sale within the

[[Page 31255]]

United States after importation of certain sleep-disordered breathing 
treatment systems and components thereof that infringe one or more of 
claims 32-37, 53, 79, 80, and 88 of U.S. Patent No. 7,997,267 (``the 
'267 patent''); claims 1-7 of U.S. Patent No. 7,614,398 (``the '398 
patent''); claim 1 of U.S. Patent No. 7,938,116 (``the '116 patent''); 
claims 30, 37, and 38 of U.S. Patent No. 7,341,060 (the '060 patent); 
claims 1, 3, 5, 11, 28, 30, 31, and 56 of U.S. Patent No. 8,312,883 
(``the '883 patent''); claims 1, 3, 6, 7, 9, 29, 32, 35, 40, 42, 45, 
50, 51, 56, 59, 89, 92, 94, and 96 of U.S. Patent No. 7,178,527 (the 
'527 patent); claims 19-24, 26, 29-36, and 39-41 of U.S. Patent No. 
7,950,392 (the '392 patent); and claims 13, 15, 16, 26-28, 51, 52, and 
55 of U.S. Patent No 7,926,487 (``the '487 patent''). The notice of 
investigation named the following respondents: BMC Medical Co., Ltd. of 
Beijing, China; 3B Medical, Inc. of Lake Wales, Florida; and 3B 
Products, L.L.C., of Lake Wales, Florida (collectively ``BMC''). The 
Office of Unfair Import Investigations (``OUII'') participated in the 
investigation.
    On January 9, 2014, the Administrative Law Judge (``ALJ'') issued 
an initial determination (``ID'') granting a motion by ResMed to amend 
the complaint and notice of investigation to substitute U.S. Patent No. 
RE 44,453 (``the '453 patent'') for the '398 patent and to terminate 
the investigation as to the '398 patent. See Order No. 7 (Jan. 9, 
2014). The Commission determined not to review the ID. See Commission 
Notice of Non-Review (Feb. 10, 2014); 79 FR 9000-01 (Feb. 14, 2014).
    On February 24, 2014, the ALJ issued an ID granting a motion by 
ResMed to withdraw its allegations with respect to the '116 patent. See 
Order No. 11 (Feb. 24, 2014). The Commission determined not to review 
the ID. See Commission Notice of Non-Review (March 11, 2014). On March 
18, 2014, the ALJ granted a motion by ResMed to terminate the 
investigation as to claims 26-28 of the '487 Patent. See Order No. 20 
(Mar 18, 2012). The Commission determined not to review the ID. See 
Commission Notice of Non-Review (Apr. 29, 2014).
    On August 21, 2014, the ALJ issued his final ID, finding a 
violation of section 337 by BMC with respect to certain asserted claims 
of the '392, '267, '060, '883, '527, and '453 patents. The ALJ found no 
violation of section 337 with respect to the asserted claims of the 
'487 patent.
    On September 3, 2014, the parties filed petitions for review of the 
ID. On September 11, 2014, the parties filed responses to the petitions 
for review.
    On October 16, 2014, the Commission determined to review the final 
ID in part. 79 FR 63163-65 (Oct. 22, 2014). On review, the Commission 
determined to affirm the ALJ's finding of violation of section 337. The 
Commission, however, found the '453 patent invalid for anticipation. 
Having found a violation of section 337, the Commission determined that 
the appropriate form of relief was (1) a limited exclusion order 
prohibiting the unlicensed entry of sleep-disordered breathing 
treatment systems and components thereof that infringe one or more of 
claims 1, 9, 32, 89, and 92 of the '527 patent; claims 19, 21, 29, 32, 
and 36 of the '392 patent; claims 32, 33, 34, and 53 of the '267 
patent; claims 30, 37, and 38 of the '060 patent; and claims 1, 3, 5, 
11, 28, 30, 31, and 56 of the '883 patent that are manufactured by, or 
on behalf of, or are imported by or on behalf of BMC Medical Co., Ltd., 
3B Medical, Inc., or 3B Products L.L.C. or any of their affiliated 
companies, parents, subsidiaries, agents, or other related business 
entities, or their successors or assigns, except for service and 
replacement parts for customers that purchased their covered products 
prior to the date the exclusion order becomes final; and (2) cease and 
desist orders prohibiting domestic respondents BMC Medical Co., Ltd., 
3B Medical, Inc. from conducting any of the following activities in the 
United States: Importing, selling, marketing, advertising, 
distributing, transferring (except for exportation), and soliciting 
U.S. agents or distributors for, sleep-disordered breathing treatment 
systems and components thereof covered by claims 1, 9, 32, 89, and 92 
of the '527 patent; claims 19, 21, 29, 32, and 36 of the '392 patent; 
claims 32, 33, 34, and 53 of the '267 patent; claims 30, 37, and 38 of 
the '060 patent; and claims 1, 3, 5, 11, 28, 30, 31, and 56 of the '883 
patent.
    On February 18, 2015, ResMed filed a notice of appeal in the U.S. 
Court of Appeals for the Federal Circuit, seeking review of the 
Commission's determination as to the '453 patent (Appeal No. 2015-
1360). On April 14, 2015, BMC filed a notice of appeal in the Federal 
Circuit, seeking review of the Commission's domestic industry 
determination as well as the Commission's finding that prior art does 
not render the asserted claims of the '267 patent invalid for 
obviousness (Appeal No. 2015-1576). The Court consolidated the two 
appeals on April 23, 2015.
    On March 16, 2016, the parties jointly moved to dismiss ResMed's 
appeal as to the '453 patent. On March 17, 2016, the Commission moved 
to remand BMC's appeal in light of intervening domestic industry 
precedent in Lelo Inc. v. International Trade Commisson, 789 F.3d 879 
(Fed. Cir. 2015). On March 29, 2016, the Court granted the motion 
dismiss ResMed's appeal. On April 22, 2016, the Court granted the 
Commission's remand motion, noting the Commission's indication that it 
would suspend its remedial orders as it conducts its remand 
proceedings.
    The Commission has determined to suspend the remedial orders issued 
in this investigation pending the outcome of the remand.
    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: May 12, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-11638 Filed 5-17-16; 8:45 am]
 BILLING CODE 7020-02-P