Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof; Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of the Investigation, 23591-23592 [2017-10518]

Download as PDF Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices CBPL No. 27–05 ........... 27–06 ........... 27–13 ........... ASTM D 4928 D 473 D 4294 Title Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344–1060. The inquiry may also be sent to CBPGaugersLabs@cbp.dhs.gov. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. https://www.cbp.gov/about/labsscientific/commercial-gaugers-andlaboratories Dated: May 11, 2017. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate. [FR Doc. 2017–10055 Filed 5–22–17; 8:45 am] BILLING CODE 9111–14–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–968] Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof; Commission Determination To Grant a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (the ‘‘Commission’’) has determined to grant a joint motion to terminate the above-captioned investigation based on a settlement agreement. 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 sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:15 May 22, 2017 23591 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 (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 (‘‘section 337’’), 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 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 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 administrative law judge (the ‘‘ALJ’’) issued his final initial determination (the ‘‘Final ID’’), which found 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. See Final ID at 462–63. The parties each petitioned for review of the Final ID. On January 13, 2017, the Commission determined to review the Final ID’s conclusion 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. 82 FR 7856 (Jan. 23, 2017). As to this issue, the Commission remanded the investigation to the ALJ. Id. The Commission also determined to review the Final ID’s determinations regarding (1) the obviousness of the asserted claims of the ’021 patent, the ’430 patent, and the ’703 patent; (2) the claim construction of the claim term ‘‘communications network,’’ as found in the asserted claims of the ’021 and ’430 patents; (3) the anticipation of claim 18 of the ’430 patent by the Jaffray MICCAI 2001 reference; and (4) the infringement of claim 18 of the ’430 patent and the asserted claims of the ’154, ’538, and ’770 patents. Id. On March 31, 2017, the ALJ issued his remand initial determination (the ‘‘Remand ID’’), finding the claims subject to the remand to be nonobvious. Remand ID at 27. On April 14, 2017, the private parties filed a Joint Motion to Terminate the Investigation Based on a Settlement Agreement (the ‘‘Motion’’) and a confidential and a public version of the settlement agreement (the E:\FR\FM\23MYN1.SGM 23MYN1 23592 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices ‘‘Agreement’’). On April 25, 2017, OUII filed a response supporting the Motion. The Commission has determined that the Motion complies with the requirements of section 210.21(b)(1) of the Commission’s Rules of Practice and Procedure (19 CFR 210.21(b)(1)), and that there are no extraordinary circumstances that would prevent the requested termination. The Commission also finds that granting the Motion would not be contrary to the public interest pursuant to section 210.50(b)(2) of the Commission’s Rules of Practice and Procedure (19 CFR 210.50(b)(2)). Accordingly, the Commission hereby grants the Motion. This investigation is terminated. 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: May 18, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–10518 Filed 5–22–17; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–561 and 731– TA–1317–1318, 1321–1325, and 1327 (Final)] Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium, France, Germany, Italy, Japan, Korea, and Taiwan sradovich on DSK3GMQ082PROD with NOTICES Determination On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is materially injured by reason of imports of carbon and alloy steel cut-to-length plate from Austria, Belgium, France, Germany, Italy, Japan, Korea, and Taiwan, provided for in subheadings 7208.40.30, 7208.51.00, 7208.52.00, 7211.13.00, 7211.14.00, 7225.40.11, 7225.40.30, 7226.20.00, and 7226.91.50 of the Harmonized Tariff Schedule of the United States, that have been found by the Department of Commerce (‘‘Commerce’’) to be sold in the United States at less than fair value (‘‘LTFV’’) 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Sep<11>2014 21:15 May 22, 2017 Jkt 241001 and imports of the subject merchandise subsidized by the government of Korea.2 INTERNATIONAL TRADE COMMISSION Background [Investigation No. 337–TA–1057] The Commission, pursuant to section 735(b) of the Act (19 U.S.C. 1673d(b)), instituted these investigations effective April 8, 2016, following receipt of petitions filed with the Commission and Commerce by ArcelorMittal USA LLC (Chicago, Illinois), Nucor Corporation (Charlotte, North Carolina), and SSAB Enterprises, LLC (Lisle, Illinois). The Commission scheduled the final phase of the investigations following notification of preliminary determinations by Commerce that imports of carbon and alloy steel cut-tolength plate from Austria, Belgium, France, Germany, Italy, Japan, Korea, and Taiwan were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of October 12, 2016 (81 FR 70440). The hearing was held in Washington, DC, on November 30, 2016, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to section 735(b) of the Act (19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on May 18, 2017. The views of the Commission are contained in USITC Publication 4691 (May 2017), entitled Carbon and Alloy Cut-to-Length Plate from Austria, Belgium, France, Germany, Italy, Japan, Korea, and Taiwan: Investigation Nos. 701–TA–561 and 731–TA–1317–1318, 1321–1325, and 1327 (Final). Certain Robotic Vacuum Cleaning Devices and Components Thereof Such as Spare Parts; Institution of Investigation By order of the Commission. Issued: May 18, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–10517 Filed 5–22–17; 8:45 am] BILLING CODE 7020–02–P 2 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determination are not likely to undermine seriously the remedial effect of the antidumping duty order on Austria, Belgium or Italy. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 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 April 18, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of iRobot Corporation of Bedford, Massachusetts. A supplement was filed on April 28, 2017. The complaint, as supplemented, 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 vacuum cleaning devices and components thereof such as spare parts by reason of infringement of certain claims of U.S. Patent No. 6,809,490 (‘‘the ’490 patent’’); U.S. Patent No. 7,155,308 (‘‘the ’308 patent’’); U.S. Patent No. 8,474,090 (‘‘the ’090 patent’’); U.S. Patent No. 8,600,553 (‘‘the ’553 patent’’); U.S. Patent No. 9,038,233 (‘‘the ’233 patent’’); and U.S. Patent No. 9,486,924 (‘‘the ’924 patent’’). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests 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 SUMMARY: E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23591-23592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10518]


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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 Grant a Joint Motion To 
Terminate the Investigation on the Basis of a Settlement Agreement; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined to grant a joint motion 
to terminate the above-captioned investigation based on a settlement 
agreement.

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 (``section 
337''), 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 administrative law judge (the ``ALJ'') 
issued his final initial determination (the ``Final ID''), which found 
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. See Final ID at 462-63. The parties each petitioned for review 
of the Final ID. On January 13, 2017, the Commission determined to 
review the Final ID's conclusion 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. 82 FR 7856 
(Jan. 23, 2017). As to this issue, the Commission remanded the 
investigation to the ALJ. Id. The Commission also determined to review 
the Final ID's determinations regarding (1) the obviousness of the 
asserted claims of the '021 patent, the '430 patent, and the '703 
patent; (2) the claim construction of the claim term ``communications 
network,'' as found in the asserted claims of the '021 and '430 
patents; (3) the anticipation of claim 18 of the '430 patent by the 
Jaffray MICCAI 2001 reference; and (4) the infringement of claim 18 of 
the '430 patent and the asserted claims of the '154, '538, and '770 
patents. Id. On March 31, 2017, the ALJ issued his remand initial 
determination (the ``Remand ID''), finding the claims subject to the 
remand to be nonobvious. Remand ID at 27.
    On April 14, 2017, the private parties filed a Joint Motion to 
Terminate the Investigation Based on a Settlement Agreement (the 
``Motion'') and a confidential and a public version of the settlement 
agreement (the

[[Page 23592]]

``Agreement''). On April 25, 2017, OUII filed a response supporting the 
Motion.
    The Commission has determined that the Motion complies with the 
requirements of section 210.21(b)(1) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.21(b)(1)), and that there are no 
extraordinary circumstances that would prevent the requested 
termination. The Commission also finds that granting the Motion would 
not be contrary to the public interest pursuant to section 210.50(b)(2) 
of the Commission's Rules of Practice and Procedure (19 CFR 
210.50(b)(2)). Accordingly, the Commission hereby grants the Motion. 
This investigation is terminated.
    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: May 18, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-10518 Filed 5-22-17; 8:45 am]
 BILLING CODE 7020-02-P

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