Certain Pool Spa Enclosures; Notice of Commission Determination Not To Review an Initial Determination (Order No. 9) Terminating the Investigation; Termination of the Investigation, 5806-5807 [2018-02573]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 5806 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices has proven a violation of section 337: (1) Based on infringement of claims 1, 7, and 9 of the ’359 patent; claims 15–17, and 19 of the ’123 patent; and claims 11–13, 15, 17–19, and 21 of the ’890 patent by Respondents Alison and Nano; and (2) based on infringement of claims 12, 15, and 16 of the ’359 patent by Respondent Nano. Specifically, with respect to the ’359 patent, the Commission affirms with modifications the ALJ’s constructions of the ‘‘lofty fibrous batting’’ limitation in claim 1 and the ‘‘about 1 to 20%’’ limitation in claim 9. The Commission modifies the ALJ’s constructions of the additional limitation in claim 5 and the ‘‘the total surface area of that cross section’’ limitation in claim 12. Applying these claim constructions, the Commission affirms the ID’s findings that Respondents infringe claims 1, 7 and 9, and that Respondent Nano infringes claims 12, 15, and 16, but reverses the ID’s finding that Respondents infringe claim 5. The Commission also reverses the ID’s finding that Aspen’s domestic industry products practice claim 5, but affirms the ID’s finding that Aspen’s domestic industry products practice the other asserted claims of the ’359 patent. The Commission further affirms with modifications the ID’s findings that claims 1, 5, 7, 9, and 12 of the ’359 patent are not anticipated by Ramamurthi and that claims 9 and 16 are not rendered obvious in view of Ramamurthi and other prior art. The Commission takes no position on the ID’s findings on secondary considerations of nonobviousness, With respect to the ’123 patent and the ’890 patent, the Commission affirms with modifications the ID’s findings that claim 15 of the ’123 patent and claims 11–13, 15, 17, and 21–23 of the ’890 patent are not obvious in view of Ramamurthi and either Uchida or Yada. As with the ’359 patent, the Commission takes no position on the ID’s findings on secondary considerations of nonobviousness. The Commission has determined that the appropriate form of relief is a limited exclusion order prohibiting the unlicensed entry of infringing composite aerogel insulation materials that are manufactured abroad by or on behalf of, or imported by or on behalf of Respondents or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The Commission has carefully considered the submissions of the parties and has determined that the public interest factors enumerated in section 337(d) do not preclude issuance of its order. VerDate Sep<11>2014 16:57 Feb 08, 2018 Jkt 244001 Finally, the Commission has determined that excluded composite aerogel insulation materials may be imported and sold in the United States during the period of Presidential review (19 U.S.C. 1337(j)) with the posting of a bond of one-hundred (100) percent of the entered value for all infringing products manufactured by, for, or on behalf of Respondents. The Commission’s Order 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: February 5, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–02577 Filed 2–8–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1069] Certain Pool Spa Enclosures; Notice of Commission Determination Not To Review an Initial Determination (Order No. 9) Terminating the Investigation; 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 not to review a January 23, 2018, initial determination (Order No. 9) (the ‘‘ID’’) granting a joint motion to terminate this investigation based on a settlement agreement. This investigation is terminated. 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 SUMMARY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 at 202–205–1810. SUPPLEMENTARY INFORMATION: On September 15, 2017, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint and an amended complaint filed by Aqua Shield, Inc. of West Babylon, NY (‘‘Aqua Shield’’). 82 FR 43402, 43402– 03 (Sept. 15, 2017). The complaint, as amended, alleges a violation of section 337 by reason of infringement of certain claims of U.S. Patent No. U.S. Patent No. 6,637,160. The complaint named as respondents Inter Pool Cover Team of the Czech Republic; Alukov HZ Spol. S.R.O. of the Czech Republic; Alukov, Spol. S.R.O. of Slovakia; Pool & Spa Enclosures, LLC, of Monroe Township, NJ; and Poolandspa.com of Las Vegas, NV (collectively, ‘‘Respondents’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party in this investigation. Id. On January 5, 2018, Aqua Shield and Respondents filed a joint motion to terminate this investigation as to all respondents based on a settlement agreement (the ‘‘Agreement’’). OUII filed a response supporting the motion. On January 23, 2018, the presiding administrative law judge (Chief Judge Bullock) issued the ID, which grants the motion. The ID finds that the private parties’ motion complies with Commission Rule 210.21(b), finding that the parties have provided a confidential and a public version of the Agreement, and also finding that the parties’ motion states that ‘‘[t]here are no other agreements, written or oral, express or implied, regarding the subject matter of this Investigation.’’ The ID further considers the public interest, as is required under Commission Rule 210.50(b)(2), and determines that the ‘‘termination of this Investigation does not impose any undue burdens on the public health and welfare, competitive conditions in the United States economy, production of like or directly competitive articles in the United States, or United States consumers.’’ Accordingly, the ID grants the motion. No petitions for review of the ID were filed. The Commission has determined not to review the ID. This investigation is terminated. E:\FR\FM\09FEN1.SGM 09FEN1 Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Notices 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: February 5, 2018. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2018–02573 Filed 2–8–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Light Engines and Components Thereof, DN 3293; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov, and 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 United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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 has received a complaint sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:57 Feb 08, 2018 Jkt 244001 and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Lumencor, Inc. on February 02, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain light engines and components thereof. The complaint names as respondents: Excelitas Technologies Corp. of Waltham, MA; and Lumen Dynamics Group, Inc. of Canada. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 5807 Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3293) in a prominent place on the cover page and/ or the first page. (See Handbook for Electonic Filing Procedures, Electronic Filing Procedures 1). 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 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,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. E:\FR\FM\09FEN1.SGM 09FEN1

Agencies

[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Notices]
[Pages 5806-5807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02573]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1069]


Certain Pool Spa Enclosures; Notice of Commission Determination 
Not To Review an Initial Determination (Order No. 9) Terminating the 
Investigation; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined not to review a January 
23, 2018, initial determination (Order No. 9) (the ``ID'') granting a 
joint motion to terminate this investigation based on a settlement 
agreement. This investigation is terminated.

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 at 202-205-
1810.

SUPPLEMENTARY INFORMATION: On September 15, 2017, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint and an amended complaint filed by Aqua Shield, Inc. of West 
Babylon, NY (``Aqua Shield''). 82 FR 43402, 43402-03 (Sept. 15, 2017). 
The complaint, as amended, alleges a violation of section 337 by reason 
of infringement of certain claims of U.S. Patent No. U.S. Patent No. 
6,637,160. The complaint named as respondents Inter Pool Cover Team of 
the Czech Republic; Alukov HZ Spol. S.R.O. of the Czech Republic; 
Alukov, Spol. S.R.O. of Slovakia; Pool & Spa Enclosures, LLC, of Monroe 
Township, NJ; and Poolandspa.com of Las Vegas, NV (collectively, 
``Respondents''). Id. The Office of Unfair Import Investigations 
(``OUII'') is also a party in this investigation. Id.
    On January 5, 2018, Aqua Shield and Respondents filed a joint 
motion to terminate this investigation as to all respondents based on a 
settlement agreement (the ``Agreement''). OUII filed a response 
supporting the motion.
    On January 23, 2018, the presiding administrative law judge (Chief 
Judge Bullock) issued the ID, which grants the motion. The ID finds 
that the private parties' motion complies with Commission Rule 
210.21(b), finding that the parties have provided a confidential and a 
public version of the Agreement, and also finding that the parties' 
motion states that ``[t]here are no other agreements, written or oral, 
express or implied, regarding the subject matter of this 
Investigation.'' The ID further considers the public interest, as is 
required under Commission Rule 210.50(b)(2), and determines that the 
``termination of this Investigation does not impose any undue burdens 
on the public health and welfare, competitive conditions in the United 
States economy, production of like or directly competitive articles in 
the United States, or United States consumers.'' Accordingly, the ID 
grants the motion. No petitions for review of the ID were filed.
    The Commission has determined not to review the ID. This 
investigation is terminated.

[[Page 5807]]

    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: February 5, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-02573 Filed 2-8-18; 8:45 am]
 BILLING CODE 7020-02-P
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