Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof; Commission Determination To Review a Final Initial Determination in Part and, on Review, To Affirm in Part, Vacate in Part and Remand Some Issues to the Administrative Law Judge, and Maintain Certain Issues Under Review, 7856-7857 [2017-01315]
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Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–968]
Certain Radiotherapy Systems and
Treatment Planning Software, and
Components Thereof; Commission
Determination To Review a Final Initial
Determination in Part and, on Review,
To Affirm in Part, Vacate in Part and
Remand Some Issues to the
Administrative Law Judge, and
Maintain Certain Issues Under Review
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘the Commission’’) has
determined to review in part the final
initial determination (the ‘‘Final ID’’)
issued by the presiding administrative
law judge (‘‘ALJ’’) on October 27, 2016.
As to one issue under review, the
Commission has determined to affirm.
As to other issues, the Commission has
determined to vacate and remand the
investigation to the ALJ for additional
findings. Other issues remain under
review.
SUMMARY:
Ron
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 this investigation
on October 30, 2015, based on a
complaint filed by Varian Medical
Systems, Inc. of Palo Alto, California;
and Varian Medical Systems
International AG of ZG, Switzerland
(collectively, ‘‘Varian’’). 80 FR 66934
(Oct. 30, 2015). The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
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FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
19:02 Jan 19, 2017
Jkt 241001
1337, in the importation into the United
States, the sale for importation, or the
sale within the United States after
importation of certain radiotherapy
systems and treatment planning
software, and components thereof by
reason of infringement of certain claims
of U.S. Patent Nos. 7,945,021 (‘‘the ’021
patent’’); 8,116,430 (‘‘the ’430 patent’’);
8,867,703 (‘‘the ’703 patent’’); 7,880,154
(‘‘the ’154 patent’’); 7,906,770 (‘‘the ’770
patent’’); and 8,696,538 (‘‘the ’538
patent’’). Id. The notice of investigation
named as respondents Elekta AB of
Stockholm, Sweden; Elekta Ltd. of
Crawley, United Kingdom; Elekta GmbH
of Hamburg, Germany; Elekta Inc. of
Atlanta, Georgia; IMPAC Medical
Systems, Inc. of Sunnyvale, California;
Elekta Instrument (Shanghai) Limited of
Shanghai, China; and Elekta Beijing
Medical Systems Co. Ltd. of Beijing,
China (collectively, ‘‘Elekta’’). The
Office of Unfair Import Investigations
(‘‘OUII’’) also was named as a party to
the investigation. Id.
Prior to the evidentiary hearing,
Varian withdrew its allegations as to
certain patent claims and also added
additional claims. See Notice of
Commission Determination Not to
Review an Initial Determination
Granting a Motion to Amend the
Complaint and Notice of Investigation
(Apr. 4, 2016). Varian proceeded at the
evidentiary hearing on the following
patents and claims: Claims 1, 4, 9, and
15 of the ’021 patent; claims 6 and 18
of the ’430 patent; claim 1 of the ’703
patent; claims 23 and 26 of the ’154
patent; claims 61, 67, and 68 of the ’770
patent; and claims 26 and 41 of the ’538
patent.
On October 27, 2016, the ALJ issued
his Final ID, which finds a violation of
section 337 by Elekta as to claims 23
and 26 of the ’154 patent; claims 26 and
41 of the ’538 patent; and claim 67 of
the ’770 patent. The Final ID found no
violation of section 337 in connection
with claim 61 of the ’770 patent; claims
1, 4, 9, and 15 of the ’021 patent; claims
6 and 18 of the ’430 patent; and claim
1 of the ’703 patent. The ALJ
recommended that the Commission
issue a limited exclusion orders directed
to Elekta’s accused products that
infringe the claims for which a violation
was found. The ALJ further
recommended that cease and desist
orders issue.
Having examined the record in this
investigation, including the Final ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review the Final ID in part and, on
review, to take certain actions. In
particular, the Commission has
determined as follows:
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
(1) To review the Final ID’s
conclusions that the claims asserted for
infringement and/or domestic industry
of the ’154 patent, the ’770 patent, and
the ’538 patent are not invalid as
obvious due to Elekta’s witness’s failure
to analyze Varian’s evidence of
secondary considerations of
nonobviousness. On review, the
Commission has determined to vacate
this determination and to remand the
investigation to the ALJ with respect to
this issue. The ALJ shall analyze
Varian’s evidence of secondary
considerations and (1) make findings as
to that evidence, including whether
Varian has demonstrated that there is a
nexus between the claims and the
evidence of secondary considerations,
and any other finding necessary to
determine the effect of that evidence on
whether those claims are obvious; (2)
make findings as to whether and to what
extent that evidence of secondary
considerations supports Varian’s
arguments that Elekta has not shown
that the asserted claims are obvious; and
(3) reconsider the ultimate conclusion of
whether the claims are obvious in light
of the foregoing.
(2) To review the Final ID’s
determination regarding the
obviousness of the asserted claims of the
’021 patent, the ’430 patent, and the
’703 patent. This issue remains under
review.
(3) To review the claim construction
in the Final ID of the claim term
‘‘communications network,’’ as found in
the asserted claims of the ’021 and ’430
patents. See, e.g., Final ID at 46–54. This
issue remains under review.
(4) To review the Final ID’s
conclusions regarding the anticipation
of claim 18 of the ’430 patent by the
Jaffray MICCAI 2001 reference, and on
review, the Commission affirms that this
claim is not anticipated and clarifies
that the indication otherwise on page
152 of the Final ID is a typographical
error.
(5) To review the Final ID’s
discussion, interpretation, and
application of Certain Electronic
Devices with Image Processing Systems,
Components Thereof, and Associated
Software, 337–TA–724, Comm’n Op.
(Nov. 21, 2011), in analyzing the
infringement of claim 18 of the ’430
patent and the asserted claims of the
’154, ’538, and ’770 patents, and to
review the Final ID’s conclusions
regarding infringement of the
aforementioned claims. See, e.g., Final
ID at 133–39, 253–57, 327, 394. This
issue remains under review.
The Commission has determined to
not review the remainder of the Final
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23JAN1
7857
Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices
ID. The Commission does not seek
further briefing at this time.
In light of the remand, the ALJ shall
set a new target date within thirty days
of the date of this notice consistent with
the Remand Order. The current target
date for this investigation is March 16,
2017.
Any briefing on reviewed and
remanded issues, and on remedy,
bonding, and the public interest will
follow Commission consideration of the
remand ID.
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 part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: January 13, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–01315 Filed 1–19–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 332–560]
Generalized System of Preferences:
Possible Modifications, 2016 Review
United States International
Trade Commission.
ACTION: Notice of institution of
investigation and scheduling of public
hearing.
AGENCY:
Following receipt of a request
on January 5, 2017, from the United
States Trade Representative (USTR), the
U.S. International Trade Commission
(Commission) instituted investigation
No. 332–560, Generalized System of
Preferences: Possible Modifications,
2016 Review, for the purpose of
SUMMARY:
providing advice and information
relating to the possible designation of
additional articles, removal of articles,
and waiver of competitive need
limitations.
DATES:
February 3, 2017: Deadline for filing
requests to appear at the public hearing.
February 8, 2017: Deadline for filing
pre-hearing briefs and statements.
February 21, 2017: Public hearing.
February 27, 2017: Deadline for filing
post-hearing briefs and statements.
March 3, 2017: Deadline for filing all
other written submissions.
May 5, 2017: Transmittal of
Commission report to the USTR.
ADDRESSES: All Commission offices,
including the Commission’s hearing
rooms, are located in the United States
International Trade Commission
Building, 500 E Street SW., Washington,
DC. All written submissions should be
addressed to the Secretary, United
States International Trade Commission,
500 E Street SW., Washington, DC
20436. 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:
Information specific to this investigation
may be obtained from Renee Berry,
Project Leader, Office of Industries
(202–205–3498 or renee.berry@
usitc.gov) or Sabina Neumann, Deputy
Project Leader, Office of Industries
(202–205–3000 or sabina.neumann@
usitc.gov), or Marin Weaver, Technical
Advisor, Office of Industries (202–205–
3461 or marin.weaver@usitc.gov). For
information on the legal aspects of this
investigation, contact William Gearhart
of the Commission’s Office of the
General Counsel (202–205–3091 or
william.gearhart@usitc.gov). The media
should contact Margaret O’Laughlin,
Office of External Relations (202–205–
1819 or margaret.olaughlin@usitc.gov).
Hearing-impaired individuals may
obtain information on this matter by
contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
Web site (https://www.usitc.gov). 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.
Background: In his letter, the USTR
requested the advice and information
described below.
(1) Advice concerning the probable
economic effect of elimination of U.S.
import duties on certain articles from all
beneficiary developing countries under
the GSP program. In accordance with
sections 503(a)(1)(A), 503(e), and 131(a)
of the Trade Act of 1974, as amended
(‘‘the 1974 Act’’) (19 U.S.C.
2463(a)(1)(A), 2463(e), and 2151(a)), and
pursuant to the authority of the
President delegated to the USTR by
sections 4(c) and 8(c) and (d) of
Executive Order 11846 of March 31,
1975, as amended, and pursuant to
section 332(g) of the Tariff Act of 1930
(19 U.S.C. 1332(g)), the USTR notified
the Commission that the articles
identified in Table A of the Annex to
the USTR request letter are being
considered for designation as eligible
articles for purposes of the GSP
program. The USTR requested that the
Commission provide its advice as to the
probable economic effect on total U.S.
imports, U.S. industries producing like
or directly competitive articles, and on
U.S. consumers of the elimination of
U.S. import duties on the articles
identified in Table A of the Annex to
the USTR request letter for all
beneficiary developing countries under
the GSP program (see Table A below).
TABLE A—POSSIBLE ADDITIONS TO THE LIST OF PRODUCTS ELIGIBLE FOR THE GSP ELIGIBLE PRODUCTS
HTS subheading
1104.19.90
2008.20.00
2915.90.18
3809.93.50
.................
.................
.................
.................
mstockstill on DSK3G9T082PROD with NOTICES
3912.20.00 .................
Brief description
Rolled or flaked grains of cereals, other than of barley or oats ...................................
Pineapples, otherwise prepared or preserved, nesoi ...................................................
Saturated acyclic monocarboxylic acids, nesoi ............................................................
Finishing agents, dye carriers and other preparations used in leather and like industries, <5% by weight aromatic (mod.) substance(s).
Cellulose nitrates (including collodions), in primary forms ...........................................
(2) Advice concerning the probable
economic effect of removal of certain
articles from specified countries from
eligibility for duty-free treatment. The
USTR notified the Commission that one
article is being considered for removal
from eligibility for duty free treatment
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Countries
19:02 Jan 19, 2017
Jkt 241001
under the GSP program from all
countries. Under authority delegated by
the President, pursuant to section 332(g)
of the Tariff Act of 1930, with respect
to the article listed in Table B of the
Annex to the USTR request letter, the
USTR requested that the Commission
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
Beneficiary
Beneficiary
Beneficiary
Beneficiary
Developing
Developing
Developing
Developing
Countries.
Countries.
Countries.
Countries.
Beneficiary Developing Countries.
provide its advice as to the probable
economic effect of the removal from
eligibility for duty-free treatment under
the GSP program for this article from all
countries on total U.S. imports, U.S.
industries producing like or directly
E:\FR\FM\23JAN1.SGM
23JAN1
]]>Agencies
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7856-7857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01315]
[[Page 7856]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-968]
Certain Radiotherapy Systems and Treatment Planning Software, and
Components Thereof; Commission Determination To Review a Final Initial
Determination in Part and, on Review, To Affirm in Part, Vacate in Part
and Remand Some Issues to the Administrative Law Judge, and Maintain
Certain Issues Under Review
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined to review in part the
final initial determination (the ``Final ID'') issued by the presiding
administrative law judge (``ALJ'') on October 27, 2016. As to one issue
under review, the Commission has determined to affirm. As to other
issues, the Commission has determined to vacate and remand the
investigation to the ALJ for additional findings. Other issues remain
under review.
FOR FURTHER INFORMATION CONTACT: Ron 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 this investigation
on October 30, 2015, based on a complaint filed by Varian Medical
Systems, Inc. of Palo Alto, California; and Varian Medical Systems
International AG of ZG, Switzerland (collectively, ``Varian''). 80 FR
66934 (Oct. 30, 2015). 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, or the
sale within the United States after importation of certain radiotherapy
systems and treatment planning software, and components thereof by
reason of infringement of certain claims of U.S. Patent Nos. 7,945,021
(``the '021 patent''); 8,116,430 (``the '430 patent''); 8,867,703
(``the '703 patent''); 7,880,154 (``the '154 patent''); 7,906,770
(``the '770 patent''); and 8,696,538 (``the '538 patent''). Id. The
notice of investigation named as respondents Elekta AB of Stockholm,
Sweden; Elekta Ltd. of Crawley, United Kingdom; Elekta GmbH of Hamburg,
Germany; Elekta Inc. of Atlanta, Georgia; IMPAC Medical Systems, Inc.
of Sunnyvale, California; Elekta Instrument (Shanghai) Limited of
Shanghai, China; and Elekta Beijing Medical Systems Co. Ltd. of
Beijing, China (collectively, ``Elekta''). The Office of Unfair Import
Investigations (``OUII'') also was named as a party to the
investigation. Id.
Prior to the evidentiary hearing, Varian withdrew its allegations
as to certain patent claims and also added additional claims. See
Notice of Commission Determination Not to Review an Initial
Determination Granting a Motion to Amend the Complaint and Notice of
Investigation (Apr. 4, 2016). Varian proceeded at the evidentiary
hearing on the following patents and claims: Claims 1, 4, 9, and 15 of
the '021 patent; claims 6 and 18 of the '430 patent; claim 1 of the
'703 patent; claims 23 and 26 of the '154 patent; claims 61, 67, and 68
of the '770 patent; and claims 26 and 41 of the '538 patent.
On October 27, 2016, the ALJ issued his Final ID, which finds a
violation of section 337 by Elekta as to claims 23 and 26 of the '154
patent; claims 26 and 41 of the '538 patent; and claim 67 of the '770
patent. The Final ID found no violation of section 337 in connection
with claim 61 of the '770 patent; claims 1, 4, 9, and 15 of the '021
patent; claims 6 and 18 of the '430 patent; and claim 1 of the '703
patent. The ALJ recommended that the Commission issue a limited
exclusion orders directed to Elekta's accused products that infringe
the claims for which a violation was found. The ALJ further recommended
that cease and desist orders issue.
Having examined the record in this investigation, including the
Final ID, the petitions for review, and the responses thereto, the
Commission has determined to review the Final ID in part and, on
review, to take certain actions. In particular, the Commission has
determined as follows:
(1) To review the Final ID's conclusions that the claims asserted
for infringement and/or domestic industry of the '154 patent, the '770
patent, and the '538 patent are not invalid as obvious due to Elekta's
witness's failure to analyze Varian's evidence of secondary
considerations of nonobviousness. On review, the Commission has
determined to vacate this determination and to remand the investigation
to the ALJ with respect to this issue. The ALJ shall analyze Varian's
evidence of secondary considerations and (1) make findings as to that
evidence, including whether Varian has demonstrated that there is a
nexus between the claims and the evidence of secondary considerations,
and any other finding necessary to determine the effect of that
evidence on whether those claims are obvious; (2) make findings as to
whether and to what extent that evidence of secondary considerations
supports Varian's arguments that Elekta has not shown that the asserted
claims are obvious; and (3) reconsider the ultimate conclusion of
whether the claims are obvious in light of the foregoing.
(2) To review the Final ID's determination regarding the
obviousness of the asserted claims of the '021 patent, the '430 patent,
and the '703 patent. This issue remains under review.
(3) To review the claim construction in the Final ID of the claim
term ``communications network,'' as found in the asserted claims of the
'021 and '430 patents. See, e.g., Final ID at 46-54. This issue remains
under review.
(4) To review the Final ID's conclusions regarding the anticipation
of claim 18 of the '430 patent by the Jaffray MICCAI 2001 reference,
and on review, the Commission affirms that this claim is not
anticipated and clarifies that the indication otherwise on page 152 of
the Final ID is a typographical error.
(5) To review the Final ID's discussion, interpretation, and
application of Certain Electronic Devices with Image Processing
Systems, Components Thereof, and Associated Software, 337-TA-724,
Comm'n Op. (Nov. 21, 2011), in analyzing the infringement of claim 18
of the '430 patent and the asserted claims of the '154, '538, and '770
patents, and to review the Final ID's conclusions regarding
infringement of the aforementioned claims. See, e.g., Final ID at 133-
39, 253-57, 327, 394. This issue remains under review.
The Commission has determined to not review the remainder of the
Final
[[Page 7857]]
ID. The Commission does not seek further briefing at this time.
In light of the remand, the ALJ shall set a new target date within
thirty days of the date of this notice consistent with the Remand
Order. The current target date for this investigation is March 16,
2017.
Any briefing on reviewed and remanded issues, and on remedy,
bonding, and the public interest will follow Commission consideration
of the remand ID.
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 part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: January 13, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-01315 Filed 1-19-17; 8:45 am]
BILLING CODE 7020-02-P
