Certain Strength-Training Systems and Components Thereof Institution of Investigation, 50120-50121 [2018-21631]
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Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices
written permit or contract from BLM
signed by the authorized officer.
Enforcement: Any person who
violates this temporary closure may be
tried before a United States Magistrate
and fined in accordance with 18 U.S.C.
3571, imprisoned no more than 12
months under 43 U.S.C. 1733(a) and 43
CFR 8360.0–7, or both. In accordance
with 43 CFR 8365.1–7, State or local
officials may also impose penalties for
violations of Nevada law.
(Authority: 43 CFR 8360.0–7 and
8364.1)
Gayle Marrs-Smith,
Field Manager—Las Vegas Field Office.
[FR Doc. 2018–21650 Filed 10–3–18; 8:45 am]
BILLING CODE 4310–HC–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1135]
Certain Strength-Training Systems 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
September 4, 2018, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Hoist Fitness Systems, Inc. of
Poway, California. A supplement to the
Complaint was filed on September 14,
2018. 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 strength-training
systems and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 7,549,949 (‘‘the ’949
patent’’); U.S. Patent No. 7,563,209 (‘‘the
’209 patent’’); U.S. Patent No. 7,594,880
(‘‘the ’880 patent’’); U.S. Patent No.
7,654,938 (‘‘the ’938 patent’’); and U.S.
Patent No. 7,976,440 (‘‘the ’440 patent’’).
The complaint, as supplemented,
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.
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:43 Oct 03, 2018
Jkt 247001
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:
Katherine Hiner, Office of the Secretary,
Docket Services Division, U.S.
International Trade Commission,
telephone (202) 205–1802.
SUPPLEMENTARY INFORMATION:
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 (2018).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
September 28, 2018, 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 products
identified in paragraph (2) by reason of
infringement of one or more of claims 2,
8, and 23 of the ’949 patent; claims 6
and 21 of the ’209 patent; claim 22 of
the ’880 patent; claims 1, 12, and 13 of
the ’938 patent; and claims 5, 12, 13,
and 20 of the ’440 patent; and whether
an industry in the United States exists
as required by subsection (a)(2) of
section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘machines with a
dynamic user support used to perform
chest press, fly or butterfly, abdominal,
shoulder press, triceps dip, triceps
extension, rowing, lat pulldown, bicep
curl, seated dip, chin up, lateral raise,
PO 00000
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Fmt 4703
Sfmt 4703
inner and outer thigh, low back, glute,
leg extension, leg curl, and/or leg press
exercises’’;
(3) 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 complainant is: Hoist Fitness
Systems, Inc., 11900 Community Road,
Poway, CA 92064.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
TuffStuff Fitness International, Inc.,
13971 Norton Avenue, Chino, CA
91710.
Shandong Relax Health Industry Co.,
Lt, No. 6 Tainshan 2 Road, Jimo City,
Qingdao, Shandong Province, 266000,
China.
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not be named as a
party in this investigation.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
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.
E:\FR\FM\04OCN1.SGM
04OCN1
Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Notices
Issued: October 1, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–21631 Filed 10–3–18; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1134]
Certain Sleep-Disordered Breathing
Treatment Mask Systems 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
August 31, 2018, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of ResMed Corp. of San Diego,
California; ResMed Inc. of San Diego,
California; and ResMed Ltd. of
Australia. A supplement was filed on
September 4, 2018. 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 sleep-disordered
breathing treatment mask systems and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 9,119,931 (‘‘the ’931 patent’’);
U.S. Patent No. 9,027,556 (‘‘the ’556
patent’’); U.S. Patent No. 9,962,511 (‘‘the
’511 patent’’); U.S. Patent No. 9,962,510
(‘‘the ’510 patent’’); U.S. Patent No.
9,937,315 (‘‘the ’315 patent’’). The
complaint further alleges that an
industry in the United States exists, or
is in the process of being established, 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 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
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:43 Oct 03, 2018
Jkt 247001
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:
Katherine Hiner, The Office of the
Secretary, Docket Services, U.S.
International Trade Commission,
telephone (202) 205–1802.
SUPPLEMENTARY INFORMATION:
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 (2018).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
September 28, 2018, 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 products
identified in paragraph (2) by reason of
infringement of one or more of claims 1,
5, 8, 26, and 31 of the ’931 patent;
claims 1, 10, 19, 36, 46, and 52 of the
’556 patent; claims 1, 2, 14, 22, and 24
of the ’511 patent; claims 5, 10, 28, and
30 of the ’510 patent; and claims 1, 2,
30, and 33 of the ’315 patent; and
whether an industry in the United
States exists, or is in the process of
being established, as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘full-face and nasal
mask systems for treatment of
obstructive sleep apnea that are
currently manufactured in Mexico and/
or New Zealand and currently sold
under the trade names ‘Simplus,’ ‘Eson,’
and ‘Eson 2’ that include the unitary
combination of a cushion module, a
shroud module, and an elbow among
other things’’;
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
PO 00000
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Fmt 4703
Sfmt 4703
50121
this notice of investigation shall be
served:
(a) The complainants are: ResMed
Corp., 9001 Spectrum Center Drive, San
Diego, CA 92123.
ResMed Inc., 9001 Spectrum Center
Drive, San Diego, CA 92123.
ResMed Ltd., 1 Elizabeth Macarthur
Drive, Bella Vista NSW 2153, Australia.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Fisher & Paykel Healthcare Limited,
15 Maurice Paykel Place, East Tamaki,
Auckland 2013, PO Box 14348,
Panmure, Auckland 1741, New Zealand.
Fisher & Paykel Healthcare, Inc., 173
Technology Drive, Suite 100, Irvine, CA
92618.
Fisher & Paykel Healthcare
Distribution Inc., 173 Technology Drive,
Suite, Irvine, CA 92618.
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not be named as a
party to this investigation.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
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.
E:\FR\FM\04OCN1.SGM
04OCN1
]]>Agencies
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50120-50121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21631]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1135]
Certain Strength-Training Systems and Components Thereof
Institution of Investigation
AGENCY: U.S. International Trade Commission
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 4, 2018, under section
337 of the Tariff Act of 1930, as amended, on behalf of Hoist Fitness
Systems, Inc. of Poway, California. A supplement to the Complaint was
filed on September 14, 2018. 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 strength-training systems and components
thereof by reason of infringement of certain claims of U.S. Patent No.
7,549,949 (``the '949 patent''); U.S. Patent No. 7,563,209 (``the '209
patent''); U.S. Patent No. 7,594,880 (``the '880 patent''); U.S. Patent
No. 7,654,938 (``the '938 patent''); and U.S. Patent No. 7,976,440
(``the '440 patent''). The complaint, as supplemented, 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 viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of the
Secretary, Docket Services Division, U.S. International Trade
Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
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 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 28, 2018, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 2, 8, and 23 of the '949 patent; claims 6 and 21 of the '209
patent; claim 22 of the '880 patent; claims 1, 12, and 13 of the '938
patent; and claims 5, 12, 13, and 20 of the '440 patent; and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``machines with a
dynamic user support used to perform chest press, fly or butterfly,
abdominal, shoulder press, triceps dip, triceps extension, rowing, lat
pulldown, bicep curl, seated dip, chin up, lateral raise, inner and
outer thigh, low back, glute, leg extension, leg curl, and/or leg press
exercises'';
(3) 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 complainant is: Hoist Fitness Systems, Inc., 11900
Community Road, Poway, CA 92064.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
TuffStuff Fitness International, Inc., 13971 Norton Avenue, Chino,
CA 91710.
Shandong Relax Health Industry Co., Lt, No. 6 Tainshan 2 Road, Jimo
City, Qingdao, Shandong Province, 266000, China.
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not be named as a
party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of 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.
[[Page 50121]]
Issued: October 1, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-21631 Filed 10-3-18; 8:45 am]
BILLING CODE 7020-02-P
