Certain Arrowheads With Deploying Blades and Components Thereof and Packaging Therefor; Final Commission Determination of Violation; Issuance of a General Exclusion Order and a Cease and Desist Order; and Termination of the Investigation, 17689-17690 [2017-07321]
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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / 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: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–07322 Filed 4–11–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–977]
Certain Arrowheads With Deploying
Blades and Components Thereof and
Packaging Therefor; Final Commission
Determination of Violation; Issuance of
a General Exclusion Order and a Cease
and Desist Order; and Termination of
the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has terminated the abovecaptioned investigation with a finding
of violation of section 337, and has
issued a general exclusion order
directed against infringing arrowheads
with deploying blades and components
thereof and packaging therefor, and a
cease and desist order directed against
respondent Shenzhen Zowaysoon
Trading Company Ltd. (‘‘Zowaysoon
Trading’’) of Shenzhen, China. The
Commission has terminated the
investigation.
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2310. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
mstockstill on DSK30JT082PROD with NOTICES
SUMMARY:
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18:45 Apr 11, 2017
Jkt 241001
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 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. 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 22, 2015, based on a
complaint filed on behalf of FeraDyne
Outdoors LLC and Out RAGE LLC, both
of Cartersville, Georgia. 80 FR 79612–
13. The complaint, as supplemented,
alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337, based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain arrowheads with deploying
blades and components thereof and
packaging therefor by reason of
infringement of certain claims of U.S.
Patent Nos. RE44,144 (‘‘the ’144
patent’’); 6,517,454 (‘‘the ’454 patent’’);
8,758,176 (‘‘the ’176 patent’’); 8,986,141
(‘‘the ’141 patent’’); 9,068,806 (‘‘the ’806
patent’’); 7,771,298 (‘‘the ’298 patent’’);
D710,962 (‘‘the D’962 patent’’);
D711,489 (‘‘the D’489 patent’’); and of
U.S. Trademark Registration No.
4,812,058 (‘‘the RAGE mark’’). The
complaint further alleged the existence
of a domestic industry. The
Commission’s notice of investigation
named the following nine respondents:
Zowaysoon Trading; Linyi Junxing
Sports Equipment Co., Ltd. (‘‘Junxing
Sports’’) of Shandong, China; Ningbo
Forever Best Import & Export Co., Ltd.
(‘‘Forever Best’’) of Jiangsu, China;
Ningbo Linkboy Outdoor Sports Co.,
Ltd. (‘‘Linkboy Outdoor’’) of Zhejiang,
China; Xiamen Xinhongyou Industrial
Trade Co. Ltd. (‘‘Xinhongyou
Industrial’’) and Xiamen Zhongxinyuan
Industry & Trade Ltd. (‘‘Zhongxinyuan
Industry’’), both of Fujian, China; and
Zhengzhou IRQ Trading Limited
Company (‘‘IRQ Trading’’) and
Zhengzhou Paiao Trade Co., Ltd.
(‘‘Paiao Trade’’), both of Henan, China.
The Office of Unfair Import
Investigations (‘‘OUII’’) is also a party to
the investigation.
On April 28, 2016, complainants filed
a motion for summary determination of
PO 00000
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Fmt 4703
Sfmt 4703
17689
a violation of section 337 pursuant to
section 337(g)(2) and Commission Rule
210.16(c)(2) to support its request for
entry of a general exclusion order with
respect to all asserted intellectual
property. OUII filed a response in
support of the motion.
On May 10, 2016, the Commission
issued notice of its determination not to
review the ALJ’s ID (Order No. 6)
finding the following seven respondents
in default: Junxing Sports, Forever Best,
Linkboy Outdoor, Zowaysoon Trading,
Zhongxinyuan Industry, IRQ Trading,
and Paiao Trade. On June 23, 2016, the
Commission issued notice of its
determination not to review the ALJ’s ID
(Order No. 8) finding Xinhongyou
Industrial in default. On June 28, 2016,
the Commission issued notice of its
determination not to review the ALJ’s ID
(Order No. 9) terminating the
investigation as to (1) Faith Sports based
on withdrawal of the complaint as to
Faith Sports; and (2) claims 2–3, 5, and
8 of the ’545 patent; claims 5 and 10 of
the ’298 patent; claim 3 of the ’176
patent; claim 8 of the ’141 patent; and
claim 3 of the ’806 patent based on
withdrawal of these patent claims
against all named respondents.
The ALJ issued the subject ID on
August 22, 2016, granting complainants’
motion for summary determination. The
ALJ found that all eight defaulting
respondents met the importation
requirement and that complainants
satisfied the domestic industry
requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2). The ID finds that a
violation of section 337 has occurred
based on its finding that each of the
defaulting respondents’ accused
products infringe one or more of the
asserted claims of the patents at issue
and infringe the trademark at issue as
established by substantial, reliable, and
probative evidence in accordance with
Commission Rule 210.16(c)(2). No
petitions for review of the ID were filed.
The ID also contained the ALJ’s
recommended determination on remedy
and bonding. The ALJ recommended
issuance of a general exclusion order
with respect to the asserted intellectual
property, but did not recommend
issuance of cease and desist orders
directed against the defaulting
respondents.
On October 6, 2016, the Commission
issued notice of its determination to
review in part the ALJ’s ID. On review,
the Commission (1) corrected
typographical errors on pages 14, 18,
and 24 of the ID; (2) modified page 8 of
the ID; and (3) determined to take no
position on the ID’s finding that
complainants satisfy the economic
prong of the domestic industry
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Federal Register / Vol. 82, No. 69 / Wednesday, April 12, 2017 / Notices
requirement under section 337(a)(3)(C)
with respect to all asserted patents and
the asserted trademark. See 81 FR
70702–04 (Oct. 13, 2016). The
Commission determined not to review
the remainder of the ID. The
Commission also requested written
submissions on the issues of remedy,
the public interest, and bonding from
the parties and interested non-parties
including specific questions directed to
the parties regarding any request for
cease and desist orders directed against
one or more defaulting respondents. Id.
On October 20 and 27, 2016,
respectively, complainants and OUII
each filed a brief and a reply brief
regarding remedy, the public interest,
and bonding.
The Commission has made its
determination on the issues of remedy,
the public interest, and bonding. The
Commission has determined that the
appropriate form of relief is both: (1) A
general exclusion order prohibiting the
unlicensed entry of arrowheads with
deploying blades and components
thereof and packaging therefor that
infringe one or more of: Claims 38, 42,
48, 68, and 75 of the ’144 patent; claim
1 of the ’454 patent; claim 1 the ’176
patent; claim 1 the ’141 patent; claim 1
of the ’806 patent; claim 1 of the ’298
patent; the D’962 patent; the D’489
patent; and the RAGE mark; and (2) a
cease and desist order prohibiting
Zowaysoon Trading from conducting
any of the following activities in the
United States: Importing, selling,
marketing (including via the internet or
electronic mail), advertising (including
via the internet or electronic mail),
distributing, offering for sale (including
via the internet or electronic mail),
transferring (except for exportation), and
soliciting U.S. agents or distributors for,
arrowheads with deploying blades and
components thereof and packaging
therefor that infringe one or more of
claims 38, 42, 48, 68, and 75 of the ’144
patent; claim 1 of the ’454 patent; claim
1 of the ’298 patent; and the RAGE
mark. Chairman Schmidtlein and
Commissioner Kieff disagree with the
Commission’s decision not to issue
cease and desist orders against all of the
defaulting respondents under section
337(g)(1), and Chairman Schmidtlein
has filed a dissenting opinion
explaining her views.
The Commission further determined
that the public interest factors
enumerated in sections 337(d)(1) and
(g)(1) (19 U.S.C. 1337(d)(1), (g)(1)) do
not preclude issuance of the general
exclusion order or the cease and desist
order. Finally, the Commission
determined that there shall be a bond in
the amount of 100 percent of the entered
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18:45 Apr 11, 2017
Jkt 241001
value of the covered products to permit
temporary importation during the
period of Presidential review (19 U.S.C.
1337(j)). The Commission’s orders and
opinion were delivered to the President
and to the United States Trade
Representative on the day of their
issuance. The Commission has
terminated the investigation.
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: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–07321 Filed 4–11–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1048]
Certain Intravascular Administration
Sets 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
March 13, 2017, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Curlin Medical Inc. of East
Aurora, New York; ZEVEX, Inc. of Salt
Lake City, Utah; and Moog Inc. of East
Aurora, New York. 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 intravascular
administration sets and components
thereof by reason of infringement of
certain claims of U.S. Patent No.
6,164,921 (‘‘the ’921 patent’’) and U.S.
Patent No. 6,371,732 (‘‘the ’732 patent’’).
The complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and a cease and
desist order.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
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, 19 U.S.C. 1337
and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2017).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
April 6, 2017, 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 intravascular
administration sets and components
thereof by reason of infringement of one
or more of claims 1–3 of the ’732 patent
and claims 1–34 of the ’921 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:
Curlin Medical Inc., Seneca and Jamison
Road, East Aurora, NY 14052.
ZEVEX, Inc., 4314 Zevex Park Lane, Salt
Lake City, UT 84123.
Moog Inc., 400 Jamison Road, East
Aurora, NY 14052.
(b) The respondent is the following
entity alleged to be in violation of
section 337, and is the party upon
which the complaint is to be served:
Yangzhou WeiDeLi Trade Co., Ltd., No.
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]]>Agencies
[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17689-17690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07321]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-977]
Certain Arrowheads With Deploying Blades and Components Thereof
and Packaging Therefor; Final Commission Determination of Violation;
Issuance of a General Exclusion Order and a Cease and Desist Order; and
Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has terminated the above-captioned investigation with a
finding of violation of section 337, and has issued a general exclusion
order directed against infringing arrowheads with deploying blades and
components thereof and packaging therefor, and a cease and desist order
directed against respondent Shenzhen Zowaysoon Trading Company Ltd.
(``Zowaysoon Trading'') of Shenzhen, China. The Commission has
terminated the investigation.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2310. 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 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.
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 22, 2015, based on a complaint filed on behalf of FeraDyne
Outdoors LLC and Out RAGE LLC, both of Cartersville, Georgia. 80 FR
79612-13. The complaint, as supplemented, alleged violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon
the importation into the United States, the sale for importation, and
the sale within the United States after importation of certain
arrowheads with deploying blades and components thereof and packaging
therefor by reason of infringement of certain claims of U.S. Patent
Nos. RE44,144 (``the '144 patent''); 6,517,454 (``the '454 patent'');
8,758,176 (``the '176 patent''); 8,986,141 (``the '141 patent'');
9,068,806 (``the '806 patent''); 7,771,298 (``the '298 patent'');
D710,962 (``the D'962 patent''); D711,489 (``the D'489 patent''); and
of U.S. Trademark Registration No. 4,812,058 (``the RAGE mark''). The
complaint further alleged the existence of a domestic industry. The
Commission's notice of investigation named the following nine
respondents: Zowaysoon Trading; Linyi Junxing Sports Equipment Co.,
Ltd. (``Junxing Sports'') of Shandong, China; Ningbo Forever Best
Import & Export Co., Ltd. (``Forever Best'') of Jiangsu, China; Ningbo
Linkboy Outdoor Sports Co., Ltd. (``Linkboy Outdoor'') of Zhejiang,
China; Xiamen Xinhongyou Industrial Trade Co. Ltd. (``Xinhongyou
Industrial'') and Xiamen Zhongxinyuan Industry & Trade Ltd.
(``Zhongxinyuan Industry''), both of Fujian, China; and Zhengzhou IRQ
Trading Limited Company (``IRQ Trading'') and Zhengzhou Paiao Trade
Co., Ltd. (``Paiao Trade''), both of Henan, China. The Office of Unfair
Import Investigations (``OUII'') is also a party to the investigation.
On April 28, 2016, complainants filed a motion for summary
determination of a violation of section 337 pursuant to section
337(g)(2) and Commission Rule 210.16(c)(2) to support its request for
entry of a general exclusion order with respect to all asserted
intellectual property. OUII filed a response in support of the motion.
On May 10, 2016, the Commission issued notice of its determination
not to review the ALJ's ID (Order No. 6) finding the following seven
respondents in default: Junxing Sports, Forever Best, Linkboy Outdoor,
Zowaysoon Trading, Zhongxinyuan Industry, IRQ Trading, and Paiao Trade.
On June 23, 2016, the Commission issued notice of its determination not
to review the ALJ's ID (Order No. 8) finding Xinhongyou Industrial in
default. On June 28, 2016, the Commission issued notice of its
determination not to review the ALJ's ID (Order No. 9) terminating the
investigation as to (1) Faith Sports based on withdrawal of the
complaint as to Faith Sports; and (2) claims 2-3, 5, and 8 of the '545
patent; claims 5 and 10 of the '298 patent; claim 3 of the '176 patent;
claim 8 of the '141 patent; and claim 3 of the '806 patent based on
withdrawal of these patent claims against all named respondents.
The ALJ issued the subject ID on August 22, 2016, granting
complainants' motion for summary determination. The ALJ found that all
eight defaulting respondents met the importation requirement and that
complainants satisfied the domestic industry requirement. See 19 U.S.C.
1337(a)(1)(B), (a)(2). The ID finds that a violation of section 337 has
occurred based on its finding that each of the defaulting respondents'
accused products infringe one or more of the asserted claims of the
patents at issue and infringe the trademark at issue as established by
substantial, reliable, and probative evidence in accordance with
Commission Rule 210.16(c)(2). No petitions for review of the ID were
filed. The ID also contained the ALJ's recommended determination on
remedy and bonding. The ALJ recommended issuance of a general exclusion
order with respect to the asserted intellectual property, but did not
recommend issuance of cease and desist orders directed against the
defaulting respondents.
On October 6, 2016, the Commission issued notice of its
determination to review in part the ALJ's ID. On review, the Commission
(1) corrected typographical errors on pages 14, 18, and 24 of the ID;
(2) modified page 8 of the ID; and (3) determined to take no position
on the ID's finding that complainants satisfy the economic prong of the
domestic industry
[[Page 17690]]
requirement under section 337(a)(3)(C) with respect to all asserted
patents and the asserted trademark. See 81 FR 70702-04 (Oct. 13, 2016).
The Commission determined not to review the remainder of the ID. The
Commission also requested written submissions on the issues of remedy,
the public interest, and bonding from the parties and interested non-
parties including specific questions directed to the parties regarding
any request for cease and desist orders directed against one or more
defaulting respondents. Id. On October 20 and 27, 2016, respectively,
complainants and OUII each filed a brief and a reply brief regarding
remedy, the public interest, and bonding.
The Commission has made its determination on the issues of remedy,
the public interest, and bonding. The Commission has determined that
the appropriate form of relief is both: (1) A general exclusion order
prohibiting the unlicensed entry of arrowheads with deploying blades
and components thereof and packaging therefor that infringe one or more
of: Claims 38, 42, 48, 68, and 75 of the '144 patent; claim 1 of the
'454 patent; claim 1 the '176 patent; claim 1 the '141 patent; claim 1
of the '806 patent; claim 1 of the '298 patent; the D'962 patent; the
D'489 patent; and the RAGE mark; and (2) a cease and desist order
prohibiting Zowaysoon Trading from conducting any of the following
activities in the United States: Importing, selling, marketing
(including via the internet or electronic mail), advertising (including
via the internet or electronic mail), distributing, offering for sale
(including via the internet or electronic mail), transferring (except
for exportation), and soliciting U.S. agents or distributors for,
arrowheads with deploying blades and components thereof and packaging
therefor that infringe one or more of claims 38, 42, 48, 68, and 75 of
the '144 patent; claim 1 of the '454 patent; claim 1 of the '298
patent; and the RAGE mark. Chairman Schmidtlein and Commissioner Kieff
disagree with the Commission's decision not to issue cease and desist
orders against all of the defaulting respondents under section
337(g)(1), and Chairman Schmidtlein has filed a dissenting opinion
explaining her views.
The Commission further determined that the public interest factors
enumerated in sections 337(d)(1) and (g)(1) (19 U.S.C. 1337(d)(1),
(g)(1)) do not preclude issuance of the general exclusion order or the
cease and desist order. Finally, the Commission determined that there
shall be a bond in the amount of 100 percent of the entered value of
the covered products to permit temporary importation during the period
of Presidential review (19 U.S.C. 1337(j)). The Commission's orders and
opinion were delivered to the President and to the United States Trade
Representative on the day of their issuance. The Commission has
terminated the investigation.
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: April 6, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-07321 Filed 4-11-17; 8:45 am]
BILLING CODE 7020-02-P
