Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof; Commission's Determination To Suspend Remedial Orders Issued in This Investigation, 31254-31255 [2016-11638]
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Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices
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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)).
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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).
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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 (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 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.
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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
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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:
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]]>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]
-----------------------------------------------------------------------
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 (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 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
