Certain Hybrid Electric Vehicles and Components Thereof, Institution of Investigation, 32343-32344 [2016-12073]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 81, Number 99 (Monday, May 23, 2016)]
[Notices]
[Pages 32343-32344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12073]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-998]


Certain Hybrid Electric Vehicles 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 April 15, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Paice LLC of Baltimore, Maryland and Abell Foundation, Inc. of 
Baltimore, Maryland. An amended complaint was filed on April 29, 2016. 
The amended 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 hybrid 
electric vehicles and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 7,104,347 (``the '347 patent''); U.S. 
Patent No. 7,237,634 (``the '634 patent''); and U.S. Patent No. 
8,214,097 (``the '097 patent''). The amended 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.

[[Page 32344]]


ADDRESSES: The amended 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 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 amended complaint, 
the U.S. International Trade Commission, on May 17, 2016, 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 hybrid 
electric vehicles and components thereof by reason of infringement of 
one or more of claims 24, 25, 27, 28, 30, 32, and 41 of the '347 
patent; claims 33-44, 46, 50, 52-55, 91, 92, 94, 95, 97, 110, 112, 226, 
227, 229-231, 239-241, 252, 253, 255-259, 265-267, 278, 279, 281-283, 
285, 289-291 of the '634 patent; and claims 21, 27, 30, 33, and 37 of 
the '097 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (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:

Paice LLC, 111 South Calvert Street, Suite 2310, Baltimore, MD 21202
Abell Foundation, Inc., 111 South Calvert Street, Suite 2300, 
Baltimore, MD 21202

    (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:

Volkswagen AG, Brieffach 1849, D-38436 Wolfsburg, Germany
Volkswagen Group of America, Inc., 2200 Ferdinand Porsche Drive, 
Herndon, VA 20171
Dr. Ing. H.C. F. Porsche AG, Porscheplatz 1, D-70435, Germany
Porsche Cars North America, Inc., 980 Hammond Drive, Suite 1000, 
Atlanta, GA 30328
Audi AG, Ettinger Stra[szlig]e, D-85045, Ingolstadt, Germany
Audi of America, LLC, 2200 Ferdinand Porsche Drive, Herndon, VA 20171

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the amended 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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended 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 amended 
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: May 18, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12073 Filed 5-20-16; 8:45 am]
 BILLING CODE 7020-02-P