Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production; Commission Final Determination Finding a Section 337 Violation; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation, 60763-60764 [2017-27567]

Download as PDF Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices amended (19 U.S.C. 1337), and in section 210.75 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75). By order of the Commission. Issued: December 18, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–27568 Filed 12–21–17; 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 Final Determination Finding a Section 337 Violation; Issuance of a Limited Exclusion Order and Cease and Desist Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 (‘‘section 337’’), as amended, in this investigation. The Commission has issued a limited exclusion order prohibiting the importation of certain Ltryptophan and L-tryptophan products that infringe claim 10 of U.S. Patent No. 6,180,373 (‘‘the ’373 patent’’) or claim 20 of U.S. Patent No. 7,666,655 (‘‘the ’655 patent’’). The Commission has also issued a cease and desist order directed to the domestic respondent. The investigation is terminated. 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 sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:59 Dec 21, 2017 Jkt 244001 contacting the Commission’s TDD terminal on (202) 205–1810. 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, Ltryptophan products, and their methods of production, by reason of infringement of certain claims of the ’655 patent and the ’373 patent (collectively, ‘‘the asserted patents’’). Id. The notice of investigation identified CJ CheilJedang Corp. of Seoul, Republic of Korea; CJ America, Inc. (‘‘CJ America’’) 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 April 17, 2017, the ALJ issued an initial determination (‘‘ID’’) granting Complainants’ unopposed motion for summary determination that they satisfy the economic prong of the domestic industry requirement under 19 U.S.C. 1337(a)(3)(A) and (B) for both asserted patents. See Order No. 18, unreviewed, Comm’n Notice (May 17, 2017). On August 11, 2017, the ALJ issued his final initial determination (‘‘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, the ALJ issued a Recommended Determination (‘‘RD’’) recommending, should the Commission find a section 337 violation, 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 RD further SUPPLEMENTARY INFORMATION: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 60763 recommends no bond during the Presidential review period. On August 14, 2017, the Commission issued a Notice requesting written submissions on the public interest. See 82 FR 39456–57 (Aug. 18, 2017). On September 20, 2017, Respondents filed a written submission in response to the Commission’s August 14, 2017 Notice. No other submissions were received. On October 12, 2017, the Commission issued a Notice determining to review the FID in its entirety. See 82 FR 48528– 29 (Oct. 18, 2017). The October 12, 2017 Notice requested briefing in response to certain questions relating to the FID’s finding of no section 337 violation. See id. In addition, the October 12, 2017 Notice solicited written submissions on issues of remedy, the public interest, and bonding. See id. On October 27, 2017, the parties filed written submissions in response to the October 12, 2017 Notice, and on November 3, 2017, the parties filed responses to each other’s submissions. Having examined the record of this investigation, including the FID, the RD, and the parties’ submissions, the Commission has determined to: (1) Reverse the FID’s finding that the accused products do not infringe claim 10 of the ’373 patent; (2) reverse the FID’s finding that the domestic industry requirement is not satisfied for the ’373 patent. (3) Reverse the FID’s finding that claim 10 of the ’373 patent is invalid under 35 U.S.C. 112, second paragraph, for indefiniteness; (4) reverse the FID’s finding that claim 10 of the ’373 patent is invalid under 35 U.S.C. 112, first paragraph, for lack of written description; (5) affirm the FID’s finding that claim 10 of the ’373 patent is not invalid under 35 U.S.C. 112, first paragraph, for lack of enablement; (6) affirm the FID’s finding that claim 10 of the ’373 patent is not invalid under 35 U.S.C. 103 for obviousness; (7) affirm in part and reverse in part the FID’s finding that the accused products do not infringe claim 20 of the ’655 patent; (8) reverse the FID’s finding that the domestic industry requirement is not satisfied for the ’655 patent. (9) Affirm the FID’s finding that claim 20 of the ’655 patent is not invalid under 35 U.S.C. 112, second paragraph, for indefiniteness. (10) Reverse the FID’s finding that claim 20 of the ’655 patent is invalid under 35 U.S.C. 112, first paragraph, for lack of written description; and (11) affirm all other findings in the FID that are not inconsistent with the Commission’s determination. E:\FR\FM\22DEN1.SGM 22DEN1 60764 Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Notices Accordingly, the Commission finds that there is a violation of section 337 with respect to both asserted patents. The Commission has determined the appropriate remedy is a limited exclusion order against Respondents’ accused products, and a cease and desist order against Respondent CJ America. The Commission has also determined that the public interest factors enumerated in subsections 337(d)(l) and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do not preclude issuance of the limited exclusion order and cease and desist order. The Commission has further determined to set a bond at zero (0) percent of entered value during the Presidential review period (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 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: December 18, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–27567 Filed 12–21–17; 8:45 am] BILLING CODE 7020–02–P JUDICIAL CONFERENCE OF THE UNITED STATES Hearings of the Judicial Conference Advisory Committee on the Federal Rules of Bankruptcy Procedure Advisory Committee on the Federal Rules of Bankruptcy Procedure, Judicial Conference of the United States. AGENCY: Notice of cancellation of public hearing. ACTION: The following public hearing on proposed amendments to the Federal Rules of Bankruptcy Procedure has been canceled: Bankruptcy Rules Hearing on January 17, 2018, in Washington, DC. SUMMARY: sradovich on DSK3GMQ082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Rebecca A. Womeldorf, Rules Committee Secretary, Rules Committee Staff, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502–1820. SUPPLEMENTARY INFORMATION: Announcement for this hearing was previously published in 82 FR 37610. VerDate Sep<11>2014 16:59 Dec 21, 2017 Jkt 244001 Dated: December 19, 2017. Rebecca A. Womeldorf, Rules Committee Secretary. [FR Doc. 2017–27614 Filed 12–21–17; 8:45 am] BILLING CODE 2210–55–P DEPARTMENT OF JUSTICE [OMB Number 1122–0011] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection Office on Violence Against Women, Department of Justice. ACTION: 30-Day notice. AGENCY: The Department of Justice, Office on Violence Against Women (OVW) 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 was previously published in the Federal Register on September 9, 2017, allowing for a 60 day comment period. DATES: Comments are encouraged and will be accepted for 30 days until January 22, 2018. FOR FURTHER INFORMATION CONTACT: Written comments and/or suggestion regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to Cathy Poston, Office on Violence Against Women, at 202–514–5430 or Catherine.poston@ usdoj.gov. Written comments and/or suggestions can also be sent to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to OIRA_submissions@ omb.eop.gov. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; SUMMARY: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: SemiAnnual Progress Report for Grantees from the Grants to Support Tribal Domestic Violence and Sexual Assault Coalitions Program (Tribal Coalitions Program). (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122–0011. U.S. Department of Justice, Office on Violence Against Women. (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the 14 grantees from the Tribal Coalitions Program. The Tribal Coalitions Program grantees include Indian tribal governments that will support the development and operation of new or existing nonprofit tribal domestic violence and sexual assault coalitions in Indian country. These grants provide funds to develop and operate nonprofit tribal domestic violence and sexual assault coalitions in Indian country to address the unique issues that confront Indian victims. The Tribal Coalitions Program provides resources for organizing and supporting efforts to end violence against Indian women. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the 14 respondents (grantees from the Tribal Coalitions Program) approximately one hour to complete a Semi-Annual Progress Report. The Semi-Annual Progress Report is divided into sections that pertain to the different types of activities that grantees may engage in with grant funds. Grantees must complete only those sections that are relevant to their activities. (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 28 hours, that is 14 grantees completing E:\FR\FM\22DEN1.SGM 22DEN1

Agencies

[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Notices]
[Pages 60763-60764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27567]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1005]


Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of 
Production; Commission Final Determination Finding a Section 337 
Violation; Issuance of a Limited Exclusion Order and Cease and Desist 
Order; 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 found a violation of section 337 of the Tariff Act of 
1930 (``section 337''), as amended, in this investigation. The 
Commission has issued a limited exclusion order prohibiting the 
importation of certain L-tryptophan and L-tryptophan products that 
infringe claim 10 of U.S. Patent No. 6,180,373 (``the '373 patent'') or 
claim 20 of U.S. Patent No. 7,666,655 (``the '655 patent''). The 
Commission has also issued a cease and desist order directed to the 
domestic respondent. The investigation is terminated.

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 the '655 patent and the '373 patent (collectively, 
``the asserted patents''). Id. The notice of investigation identified 
CJ CheilJedang Corp. of Seoul, Republic of Korea; CJ America, Inc. 
(``CJ America'') 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 April 17, 2017, the ALJ issued an initial determination (``ID'') 
granting Complainants' unopposed motion for summary determination that 
they satisfy the economic prong of the domestic industry requirement 
under 19 U.S.C. 1337(a)(3)(A) and (B) for both asserted patents. See 
Order No. 18, unreviewed, Comm'n Notice (May 17, 2017).
    On August 11, 2017, the ALJ issued his final initial determination 
(``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, the ALJ issued a Recommended Determination 
(``RD'') recommending, should the Commission find a section 337 
violation, 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 RD further recommends no bond during 
the Presidential review period.
    On August 14, 2017, the Commission issued a Notice requesting 
written submissions on the public interest. See 82 FR 39456-57 (Aug. 
18, 2017). On September 20, 2017, Respondents filed a written 
submission in response to the Commission's August 14, 2017 Notice. No 
other submissions were received.
    On October 12, 2017, the Commission issued a Notice determining to 
review the FID in its entirety. See 82 FR 48528-29 (Oct. 18, 2017). The 
October 12, 2017 Notice requested briefing in response to certain 
questions relating to the FID's finding of no section 337 violation. 
See id. In addition, the October 12, 2017 Notice solicited written 
submissions on issues of remedy, the public interest, and bonding. See 
id. On October 27, 2017, the parties filed written submissions in 
response to the October 12, 2017 Notice, and on November 3, 2017, the 
parties filed responses to each other's submissions.
    Having examined the record of this investigation, including the 
FID, the RD, and the parties' submissions, the Commission has 
determined to:
    (1) Reverse the FID's finding that the accused products do not 
infringe claim 10 of the '373 patent;
    (2) reverse the FID's finding that the domestic industry 
requirement is not satisfied for the '373 patent.
    (3) Reverse the FID's finding that claim 10 of the '373 patent is 
invalid under 35 U.S.C. 112, second paragraph, for indefiniteness;
    (4) reverse the FID's finding that claim 10 of the '373 patent is 
invalid under 35 U.S.C. 112, first paragraph, for lack of written 
description;
    (5) affirm the FID's finding that claim 10 of the '373 patent is 
not invalid under 35 U.S.C. 112, first paragraph, for lack of 
enablement;
    (6) affirm the FID's finding that claim 10 of the '373 patent is 
not invalid under 35 U.S.C. 103 for obviousness;
    (7) affirm in part and reverse in part the FID's finding that the 
accused products do not infringe claim 20 of the '655 patent;
    (8) reverse the FID's finding that the domestic industry 
requirement is not satisfied for the '655 patent.
    (9) Affirm the FID's finding that claim 20 of the '655 patent is 
not invalid under 35 U.S.C. 112, second paragraph, for indefiniteness.
    (10) Reverse the FID's finding that claim 20 of the '655 patent is 
invalid under 35 U.S.C. 112, first paragraph, for lack of written 
description; and
    (11) affirm all other findings in the FID that are not inconsistent 
with the Commission's determination.

[[Page 60764]]

    Accordingly, the Commission finds that there is a violation of 
section 337 with respect to both asserted patents. The Commission has 
determined the appropriate remedy is a limited exclusion order against 
Respondents' accused products, and a cease and desist order against 
Respondent CJ America. The Commission has also determined that the 
public interest factors enumerated in subsections 337(d)(l) and (f)(1) 
(19 U.S.C. 1337(d)(l), (f)(1)) do not preclude issuance of the limited 
exclusion order and cease and desist order. The Commission has further 
determined to set a bond at zero (0) percent of entered value during 
the Presidential review period (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 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: December 18, 2017.
 Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-27567 Filed 12-21-17; 8:45 am]
 BILLING CODE 7020-02-P
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