Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof; Institution of Investigation, 65411 [2016-22865]
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Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Notices
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).
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1022]
Certain Sleep-Disordered Breathing
Treatment Mask 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
August 17, 2016, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of ResMed Corp. of San Diego,
California; ResMed Inc. of San Diego,
California; and ResMed Ltd. of
Australia. 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 sleep-disordered breathing
treatment mask systems and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 8,960,196 (‘‘the ’196 patent’’)
and U.S. Patent No. 9,119,931 (‘‘the ’931
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
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 Docket Services, U.S.
International Trade Commission,
telephone (202) 205–1802.
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SUMMARY:
VerDate Sep<11>2014
18:58 Sep 21, 2016
Jkt 238001
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
September 16, 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 sleep-disordered
breathing treatment mask systems and
components thereof by reason of
infringement of one or more of claims
23–86 of the ’196 patent and claims 1,
5–8, 11–14, 18–22, 25, 26, 28–31, 33–37,
40, 41, 43, 46, 48, 49, 51, 53–55, 57, 58,
60–65, 69–71, 77, and 78 of the ’931
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:
ResMed Corp., 9001 Spectrum Center
Drive, San Diego, CA 92123.
ResMed Inc., 9001 Spectrum Center
Drive, San Diego, CA 92123.
ResMed Ltd., 1 Elizabeth Macarthur
Drive, Bella Vista NSW 2153,
Australia.
(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:
Fisher & Paykel Healthcare Limited, 15
Maurice Paykel Place, East Tamaki,
Auckland 2013, P.O. Box 14 348,
Panmure, Auckland 1741, New
Zealand.
Fisher & Paykel Healthcare, Inc., 173
Technology Drive, Suite 100, Irvine,
CA 92618.
Fisher & Paykel Healthcare Distribution
Inc., 173 Technology Drive, Suite 100,
Irvine, CA 92618.
(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 be a party to this
investigation.
Responses to the complaint and the
notice of investigation must be
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
65411
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
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: September 19, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–22865 Filed 9–21–16; 8:45 am]
BILLING CODE 7020–02–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Notice of Information Collection
National Aeronautics and
Space Administration (NASA); Notice:
(16–067).
ACTION: Notice of information collection.
AGENCY:
The National Aeronautics and
Space Administration, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995 (Pub. L. 104–13, 44 U.S.C.
3506(c)(2)(A)).
DATES: All comments should be
submitted within 30 calendar days from
the date of this publication.
ADDRESSES: Interested persons are
invited to submit written comments
regarding the proposed information
collection to the Office of Information
and Regulatory Affairs, Office of
SUMMARY:
E:\FR\FM\22SEN1.SGM
22SEN1
]]>Agencies
[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Notices]
[Page 65411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22865]
[[Page 65411]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1022]
Certain Sleep-Disordered Breathing Treatment Mask Systems and
Components Thereof; 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 August 17, 2016, under section
337 of the Tariff Act of 1930, as amended, on behalf of ResMed Corp. of
San Diego, California; ResMed Inc. of San Diego, California; and ResMed
Ltd. of Australia. 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 sleep-disordered breathing treatment mask systems and
components thereof by reason of infringement of certain claims of U.S.
Patent No. 8,960,196 (``the '196 patent'') and U.S. Patent No.
9,119,931 (``the '931 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 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 Docket Services, U.S.
International Trade Commission, telephone (202) 205-1802.
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 September 16, 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 sleep-
disordered breathing treatment mask systems and components thereof by
reason of infringement of one or more of claims 23-86 of the '196
patent and claims 1, 5-8, 11-14, 18-22, 25, 26, 28-31, 33-37, 40, 41,
43, 46, 48, 49, 51, 53-55, 57, 58, 60-65, 69-71, 77, and 78 of the '931
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:
ResMed Corp., 9001 Spectrum Center Drive, San Diego, CA 92123.
ResMed Inc., 9001 Spectrum Center Drive, San Diego, CA 92123.
ResMed Ltd., 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153,
Australia.
(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:
Fisher & Paykel Healthcare Limited, 15 Maurice Paykel Place, East
Tamaki, Auckland 2013, P.O. Box 14 348, Panmure, Auckland 1741, New
Zealand.
Fisher & Paykel Healthcare, Inc., 173 Technology Drive, Suite 100,
Irvine, CA 92618.
Fisher & Paykel Healthcare Distribution Inc., 173 Technology Drive,
Suite 100, Irvine, CA 92618.
(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 be a party to
this investigation.
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
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: September 19, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-22865 Filed 9-21-16; 8:45 am]
BILLING CODE 7020-02-P
