Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production; Commission Determination to Review a Final Initial Determination Finding No Section 337 Violation; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding, 48528-48529 [2017-22524]
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48528
Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
Issued: October 12, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–22522 Filed 10–17–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1005]
Certain L-Tryptophan, L-Tryptophan
Products, and Their Methods of
Production; Commission
Determination to Review a Final Initial
Determination Finding No Section 337
Violation; Schedule for Filing Written
Submissions on the Issues Under
Review and on Remedy, the Public
Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review a
final initial determination (‘‘FID’’) of the
presiding administrative law judge
(‘‘ALJ’’) finding no violation of section
337 of the Tariff Act of 1930, as
amended. The Commission requests
certain briefing from the parties on the
issues under review, as indicated in this
notice. The Commission also requests
briefing from the parties and interested
persons on the issues of remedy, the
public interest, and bonding.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–4716. 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 Investigation No.
337–TA–1005 on June 14, 2016, based
on a complaint filed by Complainants
ethrower on DSK3G9T082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:50 Oct 17, 2017
Jkt 244001
Ajinomoto Co., Inc. of Tokyo, Japan and
Ajinomoto Heartland Inc. of Chicago,
Illinois (collectively, ‘‘Ajinomoto’’ or
‘‘Complainants’’). See 81 FR 38735–6
(June 14, 2016). The complaint, as
supplemented, alleges 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 L-tryptophan, Ltryptophan products, and their methods
of production, by reason of infringement
of certain claims of U.S. Patent No.
7,666,655 (‘‘the ’655 patent’’) and U.S.
Patent No. 6,180,373 (‘‘the ’373 patent’’).
Id. The notice of investigation identified
CJ CheilJedang Corp. of Seoul, Republic
of Korea; CJ America, Inc. of Downers
Grove, Illinois; and PT CheilJedang
Indonesia of Jakarta, Indonesia
(collectively ‘‘CJ’’ or ‘‘Respondents’’) as
respondents in this investigation. See
id. The Office of Unfair Import
Investigations is not a party to the
investigation.
On August 11, 2017, the ALJ issued
his FID finding no violation of section
337. Specifically, the FID finds that: (1)
Respondents’ accused products do not
infringe the asserted claims of the ’373
or the ’655 patents either literally or
under the doctrine of equivalents; (2)
claim 10 of the ’373 patent is invalid for
indefiniteness and lack of written
description; (3) claim 20 of the ’655
patent is invalid for lack of written
description; and (4) Complainants’
products do not satisfy the technical
prong of the domestic industry
requirement with respect to the ’655 or
the ’373 patents. In addition, should the
Commission find a violation of section
337, the RD recommends that the
Commission issue: (1) A limited
exclusion order against Respondents’
accused products; and (2) a cease and
desist order against Respondent CJ
America.
The Commission has determined to
review the FID in its entirety. In
connection with its review, the parties
are requested to brief their positions
with reference to the applicable law and
the evidentiary record regarding the
questions provided below:
1. Please explain, with textual support
from the McKitrick reference (JX–5),
discussed at column 6, lines 29–37 of
the ’373 patent, whether McKitrick
discloses measuring serine sensitivity
via a forward assay, a reverse assay, or
both.
2. Please explain whether and why
the specific conditions and methods of
McKitrick (JX–5) and Bauerle (JX–37),
discussed in the ’373 patent
specification, were not closely followed
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
to establish infringement of the ’373
patent. Please provide factual as well as
legal support to explain whether the
methods employed provide adequate
proof of infringement.
3. Assuming prosecution history
estoppel arising from the amendment of
the term a ‘‘protein that has several
amino acid deletions, substitutions,
insertions, or additions as compared to
SEQ ID NO:2’’ during prosecution of the
’655 patent, is relevant to the scope of
the term ‘‘said protein consists of the
amino acid sequence of SEQ ID NO: 2’’
in claim 9, please explain whether or
not any estoppel presumption is
rebutted.
4. Please explain the relevance of
Exhibit CX–487 (Random House
Dictionary definition of ‘‘replace’’) on
the claim construction of the term
‘‘replacing the native promoter’’ in the
’655 patent claims and include a copy
of the CX–487 exhibit.
In addition, in connection with the
final disposition of this investigation,
the Commission may (1) issue an order
that could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent(s) being
required to cease and desist from
engaging in unfair acts in the
importation and sale of such articles.
Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
If a party seeks exclusion of an article
from entry into the United States for
purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 (Dec. 1994) (Comm’n
Op.).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
orders would have on (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
E:\FR\FM\18OCN1.SGM
18OCN1
ethrower on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation are requested to file
written submissions on the questions
identified in this notice. Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding. Complainants
are also requested to submit proposed
remedial orders for the Commission’s
consideration. Complainants are also
requested to state the date that the
asserted patents expire and the HTSUS
numbers under which the accused
products are imported. Complainants
are further requested to supply the
names of known importers of the
products at issue in this investigation.
Written submissions and proposed
remedial orders must be filed no later
than close of business on October 27,
2017. Reply submissions must be filed
no later than the close of business on
November 3, 2017. No further
submissions on any of these issues will
be permitted unless otherwise ordered
by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit eight (8) true
paper copies to the Office of the
Secretary by noon the next day pursuant
to section 210.4(f) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–1005’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202–205–
2000).
Any person desiring to submit a
document to the Commission in
VerDate Sep<11>2014
17:50 Oct 17, 2017
Jkt 244001
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel,1 solely for cybersecurity
purposes. All non-confidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.
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: October 12, 2017.
Lisa R. Barton,
Secretary to the Commission.
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–17–049]
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
TIME AND DATE: October 31, 2017 at
11:00 a.m.
PLACE: Room 101, 500 E Street SW.,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS: Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: None.
2. Minutes.
AGENCY HOLDING THE MEETING:
1 All contract personnel will sign appropriate
nondisclosure agreements.
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
3. Ratification List.
4. Vote in Inv. No. TA–201–75 (Remedy)
(Crystalline Silicon Photovoltaic
Cells (Whether or Not Partially or
Fully Assembled into Other
Products)).
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
By order of the Commission.
Issued: October 16, 2017.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2017–22690 Filed 10–16–17; 4:15 pm]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110–NEW]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Existing
Collection in Use Without and OMB
Number FBI Hazardous Devices
School Application
Hazardous Device School
Critical Incident Response Group,
Federal Bureau of Investigation,
Department of Justice.
ACTION: 60-Day notice.
AGENCY:
The Department of Justice
(DOJ), Federal Bureau of Investigation
(FBI), Critical Incident Response Group
(CIRG), Hazardous Devices School
(HDS) will be submitting the following
information collection request to the
Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies.
DATES: Comments are encouraged and
will be accepted for 60 days until
December 18, 2017.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments
especially on the estimated public
burden or associated response time,
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Mark H. Wall, Supervisory Management
and Program Analyst, FBI, Hazardous
Devices School, 7010 Redstone Road,
Huntsville, AL 35898.
SUMMARY:
[FR Doc. 2017–22524 Filed 10–17–17; 8:45 am]
48529
E:\FR\FM\18OCN1.SGM
18OCN1
Agencies
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48528-48529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22524]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1005]
Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of
Production; Commission Determination to Review a Final Initial
Determination Finding No Section 337 Violation; Schedule for Filing
Written Submissions on the Issues Under Review and on Remedy, the
Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review a final initial determination
(``FID'') of the presiding administrative law judge (``ALJ'') finding
no violation of section 337 of the Tariff Act of 1930, as amended. The
Commission requests certain briefing from the parties on the issues
under review, as indicated in this notice. The Commission also requests
briefing from the parties and interested persons on the issues of
remedy, the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-4716. 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 Investigation No.
337-TA-1005 on June 14, 2016, based on a complaint filed by
Complainants Ajinomoto Co., Inc. of Tokyo, Japan and Ajinomoto
Heartland Inc. of Chicago, Illinois (collectively, ``Ajinomoto'' or
``Complainants''). See 81 FR 38735-6 (June 14, 2016). The complaint, as
supplemented, alleges 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 L-tryptophan, L-tryptophan
products, and their methods of production, by reason of infringement of
certain claims of U.S. Patent No. 7,666,655 (``the '655 patent'') and
U.S. Patent No. 6,180,373 (``the '373 patent''). Id. The notice of
investigation identified CJ CheilJedang Corp. of Seoul, Republic of
Korea; CJ America, Inc. of Downers Grove, Illinois; and PT CheilJedang
Indonesia of Jakarta, Indonesia (collectively ``CJ'' or
``Respondents'') as respondents in this investigation. See id. The
Office of Unfair Import Investigations is not a party to the
investigation.
On August 11, 2017, the ALJ issued his FID finding no violation of
section 337. Specifically, the FID finds that: (1) Respondents' accused
products do not infringe the asserted claims of the '373 or the '655
patents either literally or under the doctrine of equivalents; (2)
claim 10 of the '373 patent is invalid for indefiniteness and lack of
written description; (3) claim 20 of the '655 patent is invalid for
lack of written description; and (4) Complainants' products do not
satisfy the technical prong of the domestic industry requirement with
respect to the '655 or the '373 patents. In addition, should the
Commission find a violation of section 337, the RD recommends that the
Commission issue: (1) A limited exclusion order against Respondents'
accused products; and (2) a cease and desist order against Respondent
CJ America.
The Commission has determined to review the FID in its entirety. In
connection with its review, the parties are requested to brief their
positions with reference to the applicable law and the evidentiary
record regarding the questions provided below:
1. Please explain, with textual support from the McKitrick
reference (JX-5), discussed at column 6, lines 29-37 of the '373
patent, whether McKitrick discloses measuring serine sensitivity via a
forward assay, a reverse assay, or both.
2. Please explain whether and why the specific conditions and
methods of McKitrick (JX-5) and Bauerle (JX-37), discussed in the '373
patent specification, were not closely followed to establish
infringement of the '373 patent. Please provide factual as well as
legal support to explain whether the methods employed provide adequate
proof of infringement.
3. Assuming prosecution history estoppel arising from the amendment
of the term a ``protein that has several amino acid deletions,
substitutions, insertions, or additions as compared to SEQ ID NO:2''
during prosecution of the '655 patent, is relevant to the scope of the
term ``said protein consists of the amino acid sequence of SEQ ID NO:
2'' in claim 9, please explain whether or not any estoppel presumption
is rebutted.
4. Please explain the relevance of Exhibit CX-487 (Random House
Dictionary definition of ``replace'') on the claim construction of the
term ``replacing the native promoter'' in the '655 patent claims and
include a copy of the CX-487 exhibit.
In addition, in connection with the final disposition of this
investigation, the Commission may (1) issue an order that could result
in the exclusion of the subject articles from entry into the United
States, and/or (2) issue one or more cease and desist orders that could
result in the respondent(s) being required to cease and desist from
engaging in unfair acts in the importation and sale of such articles.
Accordingly, the Commission is interested in receiving written
submissions that address the form of remedy, if any, that should be
ordered. If a party seeks exclusion of an article from entry into the
United States for purposes other than entry for consumption, the party
should so indicate and provide information establishing that activities
involving other types of entry either are adversely affecting it or
likely to do so. For background, see Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(Dec. 1994) (Comm'n Op.).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
[[Page 48529]]
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on the questions identified in this notice.
Parties to the investigation, interested government agencies, and any
other interested parties are encouraged to file written submissions on
the issues of remedy, the public interest, and bonding. Such
submissions should address the recommended determination by the ALJ on
remedy and bonding. Complainants are also requested to submit proposed
remedial orders for the Commission's consideration. Complainants are
also requested to state the date that the asserted patents expire and
the HTSUS numbers under which the accused products are imported.
Complainants are further requested to supply the names of known
importers of the products at issue in this investigation.
Written submissions and proposed remedial orders must be filed no
later than close of business on October 27, 2017. Reply submissions
must be filed no later than the close of business on November 3, 2017.
No further submissions on any of these issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above and submit eight
(8) true paper copies to the Office of the Secretary by noon the next
day pursuant to section 210.4(f) of the Commission's Rules of Practice
and Procedure (19 CFR 210.4(f)). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1005'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions
regarding filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel,\1\ solely for
cybersecurity purposes. All non-confidential written submissions will
be available for public inspection at the Office of the Secretary and
on EDIS.
---------------------------------------------------------------------------
\1\ All contract personnel will sign appropriate nondisclosure
agreements.
---------------------------------------------------------------------------
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: October 12, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-22524 Filed 10-17-17; 8:45 am]
BILLING CODE 7020-02-P