Certain Potassium Chloride Powder Products; Institution of Investigation, 49263-49264 [2016-17712]
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Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices
these investigations and parties in
opposition to the imposition of such
duties will each be collectively
allocated one hour within which to
make an oral presentation at the
conference. A nonparty who has
testimony that may aid the
Commission’s deliberations may request
permission to present a short statement
at the conference.
Written submissions.—As provided in
sections 201.8 and 207.15 of the
Commission’s rules, any person may
submit to the Commission on or before
August 16, 2016, a written brief
containing information and arguments
pertinent to the subject matter of the
investigations. Parties may file written
testimony in connection with their
presentation at the conference. All
written submissions must conform with
the provisions of section 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of sections 201.6,
207.3, and 207.7 of the Commission’s
rules. The Commission’s Handbook on
E-Filing, available on the Commission’s
Web site at https://edis.usitc.gov,
elaborates upon the Commission’s rules
with respect to electronic filing.
In accordance with sections 201.16(c)
and 207.3 of the rules, each document
filed by a party to the investigations
must be served on all other parties to
the investigations (as identified by
either the public or BPI service list), and
a certificate of service must be timely
filed. The Secretary will not accept a
document for filing without a certificate
of service.
Authority: These investigations are being
conducted under authority of title VII of the
Tariff Act of 1930; this notice is published
pursuant to section 207.12 of the
Commission’s rules.
Issued: July 21, 2016.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
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).
[FR Doc. 2016–17713 Filed 7–26–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
sradovich on DSK3GMQ082PROD with NOTICES
[[Investigation No. 337–TA–1013]
Certain Potassium Chloride Powder
Products; 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 June
SUMMARY:
VerDate Sep<11>2014
17:01 Jul 26, 2016
Jkt 238001
15, 2016, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Lehigh Valley
Technologies, Inc. of Allentown,
Pennsylvania; Endo Global Ventures of
Bermuda; Endo Ventures Limited of
Ireland; and Generics Bidco I, LLC (d/
b/a Qualitest Pharmaceuticals and Par
Pharmaceutical) of Huntsville, Alabama.
The complaint alleges violations of
section 337 based upon the importation
into the United States, or the sale of
certain potassium chloride powder
products by reason of false advertising,
the threat or effect of which is to destroy
or substantially injure an industry in the
United States.
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 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.
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
July 21, 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)(A) of
section 337 in the importation into the
United States, or the sale of certain
potassium chloride powder products,
PO 00000
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Fmt 4703
Sfmt 4703
49263
the threat or effect of which is to destroy
or substantially injure an industry in the
United States;
(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:
Lehigh Valley Technologies, Inc., 514
North 12th Street, Allentown, PA
18102
Endo Global Ventures, 22 Victoria
Street, Hamilton HM 12, Bermuda
Endo Ventures Limited, Minerva House,
Simmonscourt Road Ballsbridge,
Dublin 4, Ireland
Generics Bidco I, LLC (d/b/a Qualitest
Pharmaceuticals and Par
Pharmaceutical), 130 Vintage Drive,
Huntsville, AL 35811
(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:
Viva Pharmaceutical Inc., 13880 Viking
Place, Richmond, British Columbia,
Canada V6V 1K8
Virtus Pharmaceuticals, LLC, 2649
Causeway Center Drive, Tampa, FL
33619
Virtus Pharmaceuticals OPCO II, LLC,
1321 Murfreesboro Pike, Nashville,
TN 37217–2626
(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
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49264
Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices
time for submitting responses to the
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
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the 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 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: July 21, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–17712 Filed 7–26–16; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–939]
Certain Three-Dimensional Cinema
Systems and Components Thereof
Commission’s Final Determination
Finding a Violation of Section 337;
Issuance of a Limited Exclusion Order
and Cease and Desist Orders;
Termination of the Investigation
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, in this
investigation. The Commission has
issued a limited exclusion order
prohibiting the importation of certain
three-dimensional cinema systems, and
components thereof, that infringe
certain claims of the patents at issue.
The Commission has also issued cease
and desist orders directed to the two
respondents. The remedial orders are
suspended as to certain patent claims
pending final resolution of a validity
issue. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Lucy Grace D. Noyola, 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
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:01 Jul 26, 2016
Jkt 238001
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 December 12, 2014, based on a
complaint filed by RealD, Inc. of Beverly
Hills, California (‘‘RealD’’). 79 FR
73902–03 (Dec. 12, 2014). The
complaint alleges 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 three-dimensional cinema
systems, and components thereof, that
infringe certain claims of U.S. Patent
Nos. 7,905,602 (‘‘the ’602 patent’’);
8,220,934 (‘‘the ’934 patent’’); 7,857,455
(‘‘the ’455 patent’’); and 7,959,296 (‘‘the
’296 patent’’). Id. at 73902. The notice
of investigation named as respondents
MasterImage 3D, Inc. of Sherman Oaks,
California, and MasterImage 3D Asia,
LLC of Seoul, Republic of Korea
(collectively, ‘‘MasterImage’’). Id. at
73903. The Office of Unfair Import
Investigations was not named as a party
to the investigation. Id.
On July 23, 2015, the Commission
terminated the investigation as to
various of the asserted claims and the
’602 patent in its entirety. Notice (July
23, 2015) (determining not to review
Order No. 6 (July 2, 2015)); Notice (Aug.
20, 2015) (determining not to review
Order No. 7 (Aug. 3, 2015)).
On September 25, 2015, the
Commission determined on summary
determination that RealD satisfied the
economic prong of the domestic
industry requirement through its
significant investment in plant,
significant investment in labor, and
substantial investment in engineering,
research, and development. Notice
(Sept. 25, 2015) (determining to review
in part Order No. 9 (Aug. 20, 2015)). The
Commission, however, reversed the
summary determination with respect to
RealD’s investment in equipment. Id.
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On December 16, 2015, the presiding
administrative law judge (‘‘ALJ’’) issued
a final initial determination (‘‘ID’’)
finding a violation of section 337 with
respect to the three remaining asserted
patents. The ALJ found that the asserted
claims of the ’455, ’296, and ’934
patents are infringed and not invalid or
unenforceable. The ALJ found that the
technical prong of the domestic industry
requirement was satisfied for the ’455,
’296, and ’934 patents. The ALJ also
issued a Recommended Determination
on Remedy and Bonding (‘‘RD’’),
recommending that a limited exclusion
order and cease and desist orders
should issue and that a bond of 100
percent should be imposed during the
period of Presidential review.
On December 29, 2015, MasterImage
filed a petition for review challenging
various findings in the final ID. On
January 6, 2016, RealD filed a response
to MasterImage’s petition. On January
15, 2016, and January 19, 2016,
MasterImage and RealD respectively
filed post-RD statements on the public
interest under Commission Rule
210.50(a)(4). The Commission did not
receive any post-RD public interest
comments from the public in response
to the Commission notice issued on
December 22, 2015. 80 FR 80795 (Dec.
28, 2015).
On February 16, 2016, the
Commission determined to review the
final ID in part and requested additional
briefing from the parties on certain
issues. 81 FR at 8744–45. Specifically,
the Commission determined to review
(1) the ID’s construction of the
‘‘uniformly modulate’’ limitation recited
in claims 1 and 17 of the ’455 patent;
(2) the ID’s infringement findings with
respect to the asserted claims of the ’455
patent; (3) the ID’s findings on validity
of the asserted claims of the ’455 patent;
(4) the ID’s finding of proper
inventorship of the ’296 patent; (5) the
ID’s findings on validity of the asserted
claims of the ’934 patent; and (6) the
ID’s finding regarding the technical
prong of the domestic industry
requirement with respect to the ’455
patent. Id. at 8745. The Commission
also solicited briefing from the parties
and the public on the issues of remedy,
the public interest, and bonding. Id.
On March 1, 2016, the parties filed
initial written submissions addressing
the Commission’s questions and the
issues of remedy, the public interest,
and bonding. On March 11, 2016, the
parties filed response briefs. No
comments were received from the
public. On April 18, 2016, the
Commission requested additional
briefing on the effect of a Final Written
Decision issued by the Patent Trial and
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]]>Agencies
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49263-49264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17712]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[[Investigation No. 337-TA-1013]
Certain Potassium Chloride Powder Products; Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 15, 2016, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Lehigh Valley Technologies, Inc. of Allentown, Pennsylvania; Endo
Global Ventures of Bermuda; Endo Ventures Limited of Ireland; and
Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par
Pharmaceutical) of Huntsville, Alabama. The complaint alleges
violations of section 337 based upon the importation into the United
States, or the sale of certain potassium chloride powder products by
reason of false advertising, the threat or effect of which is to
destroy or substantially injure an industry in the United States.
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 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 (2016).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 21, 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)(A) of section 337 in the
importation into the United States, or the sale of certain potassium
chloride powder products, the threat or effect of which is to destroy
or substantially injure an industry in the United States;
(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:
Lehigh Valley Technologies, Inc., 514 North 12th Street, Allentown, PA
18102
Endo Global Ventures, 22 Victoria Street, Hamilton HM 12, Bermuda
Endo Ventures Limited, Minerva House, Simmonscourt Road Ballsbridge,
Dublin 4, Ireland
Generics Bidco I, LLC (d/b/a Qualitest Pharmaceuticals and Par
Pharmaceutical), 130 Vintage Drive, Huntsville, AL 35811
(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:
Viva Pharmaceutical Inc., 13880 Viking Place, Richmond, British
Columbia, Canada V6V 1K8
Virtus Pharmaceuticals, LLC, 2649 Causeway Center Drive, Tampa, FL
33619
Virtus Pharmaceuticals OPCO II, LLC, 1321 Murfreesboro Pike, Nashville,
TN 37217-2626
(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
[[Page 49264]]
time for submitting responses to the 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 complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the 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 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: July 21, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-17712 Filed 7-26-16; 8:45 am]
BILLING CODE 7020-02-P
