Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Notice of Institution of Formal Enforcement Proceeding, 43242-43243 [2016-15612]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 43242 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3159’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 4). Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be 4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.5 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). Issued: June 28, 2016. By order of the Commission. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–15702 Filed 6–30–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–929 (Enforcement Proceeding)] Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same; Notice of Institution of Formal Enforcement Proceeding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to March 17, 2016 limited exclusion order and cease and desist order issued in the above-referenced investigation. FOR FURTHER INFORMATION CONTACT: Robert J. Needham, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3438. 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. SUMMARY: 5 Electronic Document Information System (EDIS): http://edis.usitc.gov. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 The Commission instituted the original investigation on September 9, 2014, based on a complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, ‘‘ARM’’). 79 FR 53445–46 (Mar. 24, 2016). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain beverage brewing capsules, components thereof, and products containing the same, by reason of infringement of claims 5–8 and 18–20 of U.S. Patent No. 8,720,320 (‘‘the ’320 patent’’). Id. The notice of institution of the investigation named as respondents Solofill, LLC (‘‘Solofill’’); DongGuan Hai Rui Precision Mould Co., Ltd. (‘‘DongGuan’’); Eko Brands, LLC (‘‘Eko Brands’’); Evermuch Technology Co., Ltd. and Ever Much Company Ltd. (together, ‘‘Evermuch’’); and several additional respondents who were terminated by reason of consent order or settlement. 79 FR 53445. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party to the investigation. Id. The Commission found Eko Brands and Evermuch in default for failure to respond to the complaint and notice of investigation. Notice (May 18, 2015). On March 17, 2016, the Commission found no violation of section 337 by Solofill and DongGuan because claims 5–7, 18, and 20 were invalid for a lack of written description and claims 5 and 6 were invalid as anticipated. 81 FR 15742–43. The Commission, however, presumed that the allegations were true with respect to the remaining allegations against the defaulted parties Eko Brands and Evermuch, and thus concluded that they violated section 337 with respect to claims 8 and 19. Id. at 15743. The Commission issued a limited exclusion order prohibiting Eko Brands and Evermuch from importing certain beverage brewing capsules, components thereof, and products containing the same that infringed claims 8 or 19 of the ’320 patent. Id. The Commission also issued cease and desist orders against Eko Brands and Evermuch prohibiting the sale and distribution within the United States of articles that infringe claims 8 or 19. Id. On June 1, 2016, ARM filed a complaint requesting that the Commission institute a formal enforcement proceeding under Commission Rule 210.75(b) to investigate alleged violations of the limited exclusion order and the cease and desist order against Eko Brands by SUPPLEMENTARY INFORMATION: E:\FR\FM\01JYN1.SGM 01JYN1 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices both Eko Brands and Espresso Supply, Inc. (collectively, ‘‘Respondents’’). ARM alleges that Espresso Supply, Inc., should be subject to the enforcement proceeding because it purchased the Eko Brands company in November of 2015. Having examined the enforcement complaint and the supporting documents, the Commission has determined to institute a formal enforcement proceeding to determine whether Respondents are in violation of the March 17, 2016 limited exclusion order and cease and desist order issued in the original investigation and what, if any, enforcement measures are appropriate. The following entities are named as parties to the formal enforcement proceeding: (1) Complainants Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc.; (2) respondents Eko Brands and Espresso Supply, Inc.; and (3) OUII. 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 section 210.75 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75). By order of the Commission. Issued: June 27, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–15612 Filed 6–30–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1012] Certain Magnetic Data Storage Tapes and Cartridges Containing the Same 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 May 27, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of FUJIFILM Corporation of Tokyo, Japan and FUJIFILM Recording Media U.S.A., Inc. of Bedford, Massachusetts. Supplements to the complaint were filed on June 6, 8, and 10, 2016. The 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 magnetic data storage tapes and cartridges containing the same by reason asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 of infringement of U.S. Patent No. 6,641,891 (‘‘the ’891 patent’’); U.S. Patent No. 6,703,106 (‘‘the ’106 patent’’); U.S. Patent No. 6,703,101 (‘‘the ’101 patent’’); U.S. Patent No. 6,767,612 (‘‘the ’612 patent’’); U.S. Patent No. 8,236,434 (‘‘the ’434 patent’’); and U.S. Patent No. 7,355,805 (‘‘the ’805 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 (2016). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on June 27, 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 magnetic data storage tapes and cartridges containing the same by reason of infringement of one or more of claims 1, 4–9, 11, and 14 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 43243 of the ’891 patent; claims 2, 5, and 6 of the ’106 patent; claim 1 of the ’101 patent; claims 1, 2, 4, 5, and 7–11 of the ’612 patent; claim 1 of the ’434 patent; and claims 3 and 10 of the ’805 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: FUJIFILM Corporation, 7–3 Akasaka 9chome, Minato-ku, Tokyo 107–0052, Japan FUJIFILM Recording Media U.S.A., Inc., 45 Crosby Dr., Bedford, MA 01730– 1401 (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: ¯ Sony Corporation, 1–7–1 Konan, Minato-ku, Tokyo 108–0075, Japan Sony Corporation of America, 550 Madison Avenue, New York, NY 10022 Sony Electronics Inc., 16535 Via Esprillo Building 1, San Diego, CA 92127 (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 E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43242-43243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15612]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-929 (Enforcement Proceeding)]


Certain Beverage Brewing Capsules, Components Thereof, and 
Products Containing the Same; Notice of Institution of Formal 
Enforcement Proceeding

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 instituted a formal enforcement proceeding relating to 
March 17, 2016 limited exclusion order and cease and desist order 
issued in the above-referenced investigation.

FOR FURTHER INFORMATION CONTACT: Robert J. Needham, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3438. 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 the original 
investigation on September 9, 2014, based on a complaint filed by 
Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, 
``ARM''). 79 FR 53445-46 (Mar. 24, 2016). The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain beverage brewing capsules, components thereof, and products 
containing the same, by reason of infringement of claims 5-8 and 18-20 
of U.S. Patent No. 8,720,320 (``the '320 patent''). Id. The notice of 
institution of the investigation named as respondents Solofill, LLC 
(``Solofill''); DongGuan Hai Rui Precision Mould Co., Ltd. 
(``DongGuan''); Eko Brands, LLC (``Eko Brands''); Evermuch Technology 
Co., Ltd. and Ever Much Company Ltd. (together, ``Evermuch''); and 
several additional respondents who were terminated by reason of consent 
order or settlement. 79 FR 53445. The Office of Unfair Import 
Investigations (``OUII'') was also named as a party to the 
investigation. Id. The Commission found Eko Brands and Evermuch in 
default for failure to respond to the complaint and notice of 
investigation. Notice (May 18, 2015).
    On March 17, 2016, the Commission found no violation of section 337 
by Solofill and DongGuan because claims 5-7, 18, and 20 were invalid 
for a lack of written description and claims 5 and 6 were invalid as 
anticipated. 81 FR 15742-43. The Commission, however, presumed that the 
allegations were true with respect to the remaining allegations against 
the defaulted parties Eko Brands and Evermuch, and thus concluded that 
they violated section 337 with respect to claims 8 and 19. Id. at 
15743. The Commission issued a limited exclusion order prohibiting Eko 
Brands and Evermuch from importing certain beverage brewing capsules, 
components thereof, and products containing the same that infringed 
claims 8 or 19 of the '320 patent. Id. The Commission also issued cease 
and desist orders against Eko Brands and Evermuch prohibiting the sale 
and distribution within the United States of articles that infringe 
claims 8 or 19. Id.
    On June 1, 2016, ARM filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75(b) to investigate alleged violations of the limited 
exclusion order and the cease and desist order against Eko Brands by

[[Page 43243]]

both Eko Brands and Espresso Supply, Inc. (collectively, 
``Respondents''). ARM alleges that Espresso Supply, Inc., should be 
subject to the enforcement proceeding because it purchased the Eko 
Brands company in November of 2015.
    Having examined the enforcement complaint and the supporting 
documents, the Commission has determined to institute a formal 
enforcement proceeding to determine whether Respondents are in 
violation of the March 17, 2016 limited exclusion order and cease and 
desist order issued in the original investigation and what, if any, 
enforcement measures are appropriate. The following entities are named 
as parties to the formal enforcement proceeding: (1) Complainants 
Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc.; (2) 
respondents Eko Brands and Espresso Supply, Inc.; and (3) OUII.
    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 section 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    By order of the Commission.

    Issued: June 27, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15612 Filed 6-30-16; 8:45 am]
 BILLING CODE 7020-02-P