Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337, 51705-51706 [2018-22226]

Download as PDF khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 2017) and Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same, Inv. No. 337–TA–959, Comm’n Op. (Feb. 13, 2017). Specifically, if Complainants seek a cease and desist order against a defaulting respondent, the written submissions should respond to the following requests: 1. Please identify with citations to the record any information regarding commercially significant inventory in the United States as to each respondent against whom a cease and desist order is sought. If Complainants also rely on other significant domestic operations that could undercut the remedy provided by an exclusion order, please identify with citations to the record such information as to each respondent against whom a cease and desist order is sought. 2. In relation to the infringing products, please identify any information in the record, including allegations in the pleadings, that addresses the existence of any domestic inventory, any domestic operations, or any sales-related activity directed at the United States for each respondent against whom a cease and desist order is sought. 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. 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: Parties to the investigation, interested government agencies, and any other interested VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 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 and OUII are also requested to submit proposed remedial orders for the Commission’s consideration. Complainants are also requested to state the date that the asserted patent expires, the HTSUS numbers under which the accused products are imported, and to supply the identification information for all known importers of the products at issue in this investigation. The written submissions and proposed remedial orders must be filed no later than close of business on October 22, 2018. Reply submissions must be filed no later than the close of business on October 29, 2018. No further submissions on 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 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–1092) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ secretary/documents/handbook_on_ filing_procedures.pdf). Persons with questions regarding filing should contact the Secretary at (202) 205–2000. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. 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. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. 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 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 51705 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 5, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–22189 Filed 10–11–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–1136] Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof; Institution of Investigation Pursuant to 19 U.S.C. 1337 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 10, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Fisher & Paykel Healthcare Limited of New Zealand. Supplements were filed on September 17, 2018, September 18, 2018, and September 26, 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 obstructive sleep apnea treatment mask systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,333,315 (‘‘the ’315 patent’’); U.S. Patent No. 9,517,317 (‘‘the ’317 patent’’); U.S. Patent No. 9,539,405 (‘‘the ’405 patent’’); U.S. Patent No. 9,907,925 (‘‘the ’925 patent’’); and U.S. Patent No. 9,974,914 (‘‘the ’914 patent’’). The SUMMARY: 1 All contract personnel will sign appropriate nondisclosure agreements. E:\FR\FM\12OCN1.SGM 12OCN1 khammond on DSK30JT082PROD with NOTICES 51706 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices 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 complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order. 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, The Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205–2560. 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, as supplemented, the U.S. International Trade Commission, on October 5, 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 1–4, 6–9, 11–15, and 17–19 of the ’315 patent; claims 1–20 of the ’317 patent; claims 1–20 of the ’405 patent; claims 4–20 of the ’925 patent; and claims 1– 3, 5–8, 11–20, 22, and 25–27 of the ’914 VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 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 ‘‘nasal pillow masks for Continuous Positive Airway Pressure (CPAP) treatment of obstructive sleep apnea’’; (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: Fisher & Paykel Healthcare Limited, 15 Maurice Paykel Place, East Tamaki, Auckland 2013, P.O. Box 14 348, Panmure, Auckland 1741, New Zealand. (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: ResMed Corp., 9001 Spectrum Center Drive, San Diego, CA 92123. ResMed Inc., 9001 Spectrum Center Drive, San Diego, CA 92123. ResMed Limited, 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, Australia. (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 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 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. Issued: October 5, 2018. William Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2018–22226 Filed 10–11–18; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—IMS Global Learning Consortium, Inc. Notice is hereby given that, on October 1, 2018, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), IMS Global Learning Consortium, Inc. (‘‘IMS Global’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, AEFIS, Philadelphia, PA; Drieam, Eindhoven, NETHERLANDS; Learning Experiences, Holt, MI; Smart Sparrow, San Francisco, CA; and Willo Labs, Whitetown, IN, have been added as parties to this venture. Also, American Printing House for the Blind, Louisville, KY; Galena Park Independent School District, Houston, TX; Tennessee Board of Regents, Nashville, TN; SMART Technologies, Calgary, CANADA; Central Massachusetts Collaborative, Worcester, MA; and Accreditrust, Warren, NJ, have withdrawn as parties to this venture. In addition, Uninett AS has changed its name to Unit—The Norwegian Directorate for ICT and Joint Services in Higher Education and Research, Trondheim, NORWAY; and Chalk & Wire Learning Assessment Inc. has changed its name to Campus Labs, Buffalo, NY. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and IMS Global intends to file additional written E:\FR\FM\12OCN1.SGM 12OCN1

Agencies

[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51705-51706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22226]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1136]


Certain Obstructive Sleep Apnea Treatment Mask Systems and 
Components Thereof; Institution of Investigation Pursuant to 19 U.S.C. 
1337

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 10, 2018, under 
section 337 of the Tariff Act of 1930, as amended, on behalf of Fisher 
& Paykel Healthcare Limited of New Zealand. Supplements were filed on 
September 17, 2018, September 18, 2018, and September 26, 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 obstructive sleep apnea 
treatment mask systems and components thereof by reason of infringement 
of certain claims of U.S. Patent No. 9,333,315 (``the '315 patent''); 
U.S. Patent No. 9,517,317 (``the '317 patent''); U.S. Patent No. 
9,539,405 (``the '405 patent''); U.S. Patent No. 9,907,925 (``the '925 
patent''); and U.S. Patent No. 9,974,914 (``the '914 patent''). The

[[Page 51706]]

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 complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

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, The Office of the 
Secretary, Docket Services Division, U.S. International Trade 
Commission, telephone (202) 205-2560.

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, as 
supplemented, the U.S. International Trade Commission, on October 5, 
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 1-4, 6-9, 11-15, and 17-19 of the '315 patent; claims 1-20 of 
the '317 patent; claims 1-20 of the '405 patent; claims 4-20 of the 
'925 patent; and claims 1-3, 5-8, 11-20, 22, and 25-27 of the '914 
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 ``nasal pillow masks 
for Continuous Positive Airway Pressure (CPAP) treatment of obstructive 
sleep apnea'';
    (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: Fisher & Paykel Healthcare Limited, 15 
Maurice Paykel Place, East Tamaki, Auckland 2013, P.O. Box 14 348, 
Panmure, Auckland 1741, New Zealand.
    (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:
    ResMed Corp., 9001 Spectrum Center Drive, San Diego, CA 92123.
    ResMed Inc., 9001 Spectrum Center Drive, San Diego, CA 92123.
    ResMed Limited, 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, 
Australia.
    (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.

    Issued: October 5, 2018.
William Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2018-22226 Filed 10-11-18; 8:45 am]
BILLING CODE 7020-02-P