Certain Network Devices, Related Software and Components Thereof (I) Notice of Institution of Formal Enforcement Proceeding, 68455 [2016-23863]

Download as PDF 68455 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–944 (Enforcement Proceeding)] Certain Network Devices, Related Software and Components Thereof (I) 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 June 23, 2016, cease and desist order issued in the above-referenced investigation. FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3427. 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 the original investigation on January 27, 2015, based on a complaint filed by Cisco Systems, Inc. (‘‘Cisco’’). 80 FR 4314 (Jan. 27, 2015). Pertinent to this investigation, 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 into the United States, and the sale within the United States after importation of certain network devices, related software, and components thereof by reason of infringement of any of claims 1–2, 8–11, and 17–19 of U.S. Patent No. 7,162,537 (‘‘the ‘537 patent’’). Id. The notice of institution of the investigation named Arista Networks, Inc. (‘‘Arista’’) as a respondent and the Office of Unfair Import Investigations (‘‘OUII’’) as a party. Id. mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:01 Oct 03, 2016 Jkt 241001 On June 23, 2016, the Commission found that a Section 337 violation occurred as to the ‘537 patent and therefore issued a cease and desist order (‘‘CDO’’) against Arista and a limited exclusion order (‘‘LEO’’). 81 FR 42375– 76 (June 29, 2016). The CDO prohibited Arista from importing, selling, marketing, advertising, distributing, transferring (except for exportation), and soliciting United States agents or distributors for certain network devices, related software, and components thereof that infringe the asserted claims of the ‘537 patent. Id. at 42376. On August 26, 2016, Cisco filed a complaint requesting that the Commission institute a formal enforcement proceeding under Commission Rule 210.75(b) to investigate alleged violations of the CDO by Arista. Having examined the enforcement complaint and the supporting documents, the Commission has determined to institute a formal enforcement proceeding to determine whether Arista is in violation of the June 23, 2016 CDO issued in the original investigation and to determine what, if any, enforcement measures are appropriate. Arista is named as a respondent and OUII is named as a party. 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: September 28, 2016, Katherine M. Hiner, Acting Supervisory Attorney. [FR Doc. 2016–23863 Filed 10–3–16; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE pursuant to 21 CFR 1301.43 on or before November 3, 2016. Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/ODW, 8701 Morrissette Drive, Springfield, Virginia 22152. ADDRESSES: The Attorney General has delegated her authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers importers, and exporters of, controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (‘‘Deputy Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.34(a), this is notice that on June 17, 2016, Fisher Clinical Services, Inc., 700 A–C Nestle Way, Breinigsville, Pennsylvania 18031–1522 applied to be registered as an importer of the following basic classes of controlled substances: SUPPLEMENTARY INFORMATION: Drug Enforcement Administration [Docket No. DEA–392] Importer of Controlled Substances Application: Fisher Clinical Services, Inc. ACTION: Notice of application. Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.34(a) on or before November 3, 2016. Such persons may also file a written request for a hearing on the application DATES: PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Controlled substance Methylphenidate (1724) ................ Levorphanol (9220) ...................... Noroxymorphone (9668) .............. Tapentadol (9780) ........................ Schedule II II II II The company plans to import the listed controlled substances for analytical research, testing, and clinical trials. This authorization does not extend to the import of a finished FDA approved or non-approved dosage form for commercial distribution in the United States. The company plans to import an intermediate form of tapentadol (9780) E:\FR\FM\04OCN1.SGM 04OCN1

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[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Page 68455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23863]



[[Page 68455]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-944 (Enforcement Proceeding)]


Certain Network Devices, Related Software and Components Thereof 
(I) Notice of Institution of Formal Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
June 23, 2016, cease and desist order issued in the above-referenced 
investigation.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3427. 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 the original 
investigation on January 27, 2015, based on a complaint filed by Cisco 
Systems, Inc. (``Cisco''). 80 FR 4314 (Jan. 27, 2015). Pertinent to 
this investigation, 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 into the United 
States, and the sale within the United States after importation of 
certain network devices, related software, and components thereof by 
reason of infringement of any of claims 1-2, 8-11, and 17-19 of U.S. 
Patent No. 7,162,537 (``the `537 patent''). Id. The notice of 
institution of the investigation named Arista Networks, Inc. 
(``Arista'') as a respondent and the Office of Unfair Import 
Investigations (``OUII'') as a party. Id.
    On June 23, 2016, the Commission found that a Section 337 violation 
occurred as to the `537 patent and therefore issued a cease and desist 
order (``CDO'') against Arista and a limited exclusion order (``LEO''). 
81 FR 42375-76 (June 29, 2016). The CDO prohibited Arista from 
importing, selling, marketing, advertising, distributing, transferring 
(except for exportation), and soliciting United States agents or 
distributors for certain network devices, related software, and 
components thereof that infringe the asserted claims of the `537 
patent. Id. at 42376.
    On August 26, 2016, Cisco filed a complaint requesting that the 
Commission institute a formal enforcement proceeding under Commission 
Rule 210.75(b) to investigate alleged violations of the CDO by Arista. 
Having examined the enforcement complaint and the supporting documents, 
the Commission has determined to institute a formal enforcement 
proceeding to determine whether Arista is in violation of the June 23, 
2016 CDO issued in the original investigation and to determine what, if 
any, enforcement measures are appropriate. Arista is named as a 
respondent and OUII is named as a party.
    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: September 28, 2016,
Katherine M. Hiner,
Acting Supervisory Attorney.
[FR Doc. 2016-23863 Filed 10-3-16; 8:45 am]
 BILLING CODE 7020-02-P
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