Certain Microfluidic Devices; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of Target Date, 63672-63674 [2018-26740]
Download as PDF
<![CDATA[
63672
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
BEGINNING at the point above
described as the true point of beginning;
thence North 18°45′ East 294.58 feet to
a 1⁄2″ iron pipe; thence South 54°18′
East, 222.17 feet to a 1⁄2″ iron pipe and
the Northerly line of HealdsburgAlexander Valley County Road; thence
South 47°18′30″ West, 57.19 feet along
said County Road; thence curving to the
right from a tangent that bears South
47°18′30″ West, with a radius of 700.00
feet for a distance of 132.00 feet; thence
North 31°53′ 15″ West, 30.00 feet;
thence curving to the right from a
tangent that bears South 58°06′45″ West
with a radius of 670.00 feet for a
distance of 125.85 feet to the point of
beginning.
Parcel Three
AN EASEMENT of access to the
Russian River from all points on the
Northerly boundary of the foregoing
6.14 parcel across the lands of Basalt
Rock Company, Inc. contiguous to such
boundary and said river. BEING the
same land and Easements described as
Parcel 2 in Deed recorded in Book 1721
of Official Records, at Page 81, Sonoma
County Records.
APN: 091–020–016
Dated: October 24, 2018.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2018–26782 Filed 12–10–18; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[19X L1109AF LLUT980300
L12200000.PM0000–24–1A]
Notice of Public Meeting for the Utah
Resource Advisory Council/Recreation
Resource Advisory Council, Utah
Bureau of Land Management,
Interior.
ACTION: Notice of Public Meeting.
AGENCY:
In accordance with the
Federal Land Policy and Management
Act, the Federal Advisory Committee
Act, and the Federal Lands Recreation
Enhancement Act, the U.S. Department
of the Interior, Bureau of Land
Management’s (BLM) Utah Resource
Advisory Council (RAC)/Recreation
Resource Advisory Council (RRAC) will
meet as indicated below.
DATES: The Utah RAC/RRAC will hold
a public meeting on January 10 and 11,
2019. The group will meet on January
10, 2019, from 1:00 p.m. to 5:00 p.m.
and on January 11, 2019, from 8:00 a.m.
to 3:00 p.m.
amozie on DSK3GDR082PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:51 Dec 10, 2018
Jkt 247001
The meeting will be held at
the BLM Utah State Office, 440 West
200 South, Suite 500, Salt Lake City,
Utah 84101. Written comments may be
sent to the BLM Utah State Office, 440
West 200 South, Suite 500, Salt Lake
City, Utah 84101.
ADDRESSES:
Lola
Bird, Public Affairs Specialist, BLM
Utah State Office, 440 West 200 South,
Suite 500, Salt Lake City, Utah 84101;
phone (801) 539–4033; or email lbird@
blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
leave a message or question for the
above individual. The FRS is available
24 hours a day, seven days a week.
Replies are provided during normal
business hours.
FOR FURTHER INFORMATION CONTACT:
Agenda
topics will include BLM updates from
the State Director, the planning efforts
for the Grand Staircase-Escalante and
Bears Ears National Monuments,
Washington County issues, recreation
fee proposals, and other planning
updates.
A public comment period will take
place on January 11, 2019, from 1:00
p.m. to 1:30 p.m., where the public may
address the RAC/RRAC. Depending on
the number of people who wish to
speak, and the time available, the time
for individual comments may be
limited. Written comments may also be
sent to the BLM Utah State Office at the
address listed in the ADDRESSES section
of this notice.
The meeting is open to the public;
however, transportation, lodging, and
meals are the responsibility of the
participating individuals.
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, please be aware that your
entire comment, including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
SUPPLEMENTARY INFORMATION:
Authority: 43 CFR 1784.4–2.
Anita Bilbao,
Associate State Director.
[FR Doc. 2018–26748 Filed 12–10–18; 8:45 am]
BILLING CODE 4310–DQ–P
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1068]
Certain Microfluidic Devices;
Commission Determination To Review
in Part a Final Initial Determination
Finding a Violation of Section 337;
Schedule for Filing Written
Submissions on the Issues Under
Review and on Remedy, the Public
Interest, and Bonding; Extension of
Target Date
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) has
determined to review in part the final
initial determination (the ‘‘ID’’) issued
by the presiding administrative law
judge (‘‘ALJ’’) on September 20, 2018,
finding a violation of the Tariff Act of
1930, as amended, in connection with
certain asserted patents. The
Commission has also determined to
extend the target date for the completion
of this investigation to February 11,
2019.
SUMMARY:
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 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, telephone 202–205–1810.
SUPPLEMENTARY INFORMATION: On
September 6, 2017, the Commission
instituted this investigation based on a
complaint filed by Bio-Rad Laboratories,
Inc. of Hercules, CA; and Lawrence
Livermore National Security, LLC of
Livermore, CA (collectively,
‘‘complainants’’). 82 FR 42115 (Sept. 6,
2017). The complaint (and supplement
thereto) alleges violations of section 337
of the Tariff Act of 1930, as amended,
19 U.S.C. 1337 (‘‘section 337’’) based
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\11DEN1.SGM
11DEN1
amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
upon the importation into the United
States, the sale for importation, or the
sale within the United States after
importation of certain microfluidic
devices by reason of infringement of one
or more of claims 1–12 and 14–16 of
U.S. Patent No. 9,500,664 (‘‘the ’664
patent’’); claims 1–15 of U.S. Patent No.
9,089,844 (‘‘the ’844 patent’’); claims 1–
21 of U.S. Patent No. 9,636,682 (‘‘the
’682 patent’’); claims 1–27 of U.S. Patent
No. 9,649,635 (‘‘the ’635 patent’’); and
claims 1, 2, 4–8, and 14–21 of U.S.
Patent No. 9,126,160 (‘‘the ’160 patent).
Id. The Commission’s notice of
investigation named as the sole
respondent 10X Genomics, Inc. of
Pleasanton, CA (‘‘10X’’). Id. The Office
of Unfair Import Investigations was also
named as a party to this investigation.
Id.
On March 6, 2018, the Commission
terminated the investigation as to claims
14–17 of the ’160 patent; claim 3 of the
’664 patent; claims 2, 8, 11, and 14–15
of the ’844 patent; claims 2–3 of the ’682
patent; and claims 2–4, 9–10, 15, 22,
and 27 of the ’635 patent. See Order No.
12, unreviewed, Notice of Commission
Determination Not to Review an Initial
Determination (Order No. 12) Partially
Terminating the Investigation as to
Certain Patent Claims (March 6, 2018).
On March 26, 2018, the Commission
terminated the investigation as to claims
1 and 18 of the ’160 patent; claims 6, 7,
9, and 13 of the ’844 patent; claims 4
and 13 of the ’682 patent; and claims 5
and 17 of the ’635 patent. See Order No.
16, unreviewed, Notice of Commission
Determination Not to Review an ID
(Order No. 16) Partially Terminating the
Investigation as to Certain Patent Claims
(March 26, 2018). On April 16, 2018, the
Commission terminated the
investigation as to claims 2, 6, 7, and 19
of the ’160 patent; claims 5–7, 10, and
12 of the ’664 patent; claims 1, 3–5, 10,
and 12 of the ’844 patent; claims 5–6,
8, 10–12, 15, and 20–21 of the ’682
patent; and claims 6–8, 11–12, 18–20,
and 23–26 of the ’635 patent. See Order
No. 19, unreviewed, Notice of
Commission Determination Not to
Review an Initial Determination (Order
No. 19) Partially Terminating the
Investigation as to U.S. Patent No.
9,089,844 and Other Asserted Patent
Claims (Apr. 16, 2018).
On September 20, 2018, the ALJ
issued the ID, which finds 10X in
violation of section 337 as to the ’664
patent, the ’682 patent, and the ’635
patent. On September 28, 2018, the ALJ
issued her recommendations on remedy,
bond, and the public interest. The ALJ
recommended that the Commission
issue a limited exclusion order directed
to 10X’s infringing products and a cease
VerDate Sep<11>2014
17:51 Dec 10, 2018
Jkt 247001
and desist order directed to 10X. The
ALJ also recommended a bond of 100
percent of entered value during the
Presidential review period. See 19
U.S.C. 1337(j)(3).
On October 3, 2018, Complainants
and 10X each filed petitions for review.
OUII did not file a petition for review.
On October 11, 2018, the Complainants,
10X, and OUII filed responses to those
petitions.
Having examined the record in this
investigation, including the ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review the ID in part. In particular,
the Commission has determined to
review the following:
(1) Whether 10X indirectly infringes
the ’682 and ’635 patents.
(2) Whether 10X’s Chip GB infringes
claims 1 and 14 of the ’664 patent.
(3) Whether 10X’s Chip SE infringes
claim 20 of the ’160 patent and claim 1
of the ’664 patent.
As the petitions and responses thereto
have adequately addressed these issues,
the Commission does not request any
briefing on these issues. The
Commission has determined to not
review the remainder of the ID.
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 a cease
and desist order that could result in the
respondent 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 (December 1994)
(Commission Opinion).
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
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
63673
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
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 requested to submit
proposed remedial orders for the
Commission’s consideration.
Complainants are also requested to state
the date that the 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. The written submissions
and proposed remedial orders must be
filed no later than close of business on
December 17, 2018. Reply submissions
must be filed no later than the close of
business on December 24, 2018. Such
submissions should address the ALJ’s
recommended determinations on
remedy and bonding and the public
interest. 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 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–1068’’) 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/
E:\FR\FM\11DEN1.SGM
11DEN1
63674
Federal Register / Vol. 83, No. 237 / Tuesday, December 11, 2018 / Notices
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, solely for cybersecurity
purposes (all contract personnel will
sign appropriate nondisclosure
agreements). All nonconfidential
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: December 4, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–26740 Filed 12–10–18; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–18–058]
amozie on DSK3GDR082PROD with NOTICES1
Sunshine Act Meetings
December 14, 2018 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:
TIME AND DATE:
VerDate Sep<11>2014
17:51 Dec 10, 2018
Jkt 247001
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote on Inv. Nos. 701–TA–598 and
731–TA–1408 (Final)(Rubber Bands
from China). The Commission is
currently scheduled to complete and file
its determinations and views of the
Commission by December 27, 2018.
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: December 7, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–26925 Filed 12–7–18; 4:15 pm]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
United States et al. v. The CharlotteMecklenburg Hospital Authority, d/b/a
Carolinas Healthcare System;
Proposed Final Judgment and
Competitive Impact Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. § 16(b)–(h), that a proposed
Final Judgment, Stipulation, and
Competitive Impact Statement have
been filed with the United States
District Court for the Western District of
North Carolina in United States and
State of North Carolina. v. The
Charlotte-Mecklenburg Hospital
Authority, d/b/a Carolinas HealthCare
System, Civil Action No. 3:16–cv–
00311–RJC–DCK. On June 6, 2016, the
United States and the State of North
Carolina filed a Complaint alleging that
The Charlotte-Mecklenburg Hospital
Authority formerly known as Carolinas
HealthCare System (or CHS) and now
doing business as Atrium Health
(‘‘Atrium’’) included provisions in its
contracts with health insurers that
restricted insurers from steering their
members to lower-cost, high-quality
providers, in violation of Section 1 of
the Sherman Act, 15 U.S.C. § 1. The
proposed Final Judgment, filed
November 15, 2018, enjoins Atrium
from (1) enforcing provisions in its
current insurer contracts that restrict
steering and transparency; (2) having
contract provisions with an insurer that
would prohibit, prevent or significantly
restrain the insurer from using certain
steering methods or providing
transparency; and (3) penalizing, or
threatening to penalize, any insurer for
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
its use of certain steering methods and
transparency.
Copies of the Complaint, proposed
Final Judgment, and Competitive Impact
Statement are available for inspection
on the Antitrust Division’s website at
https://www.justice.gov/atr and at the
Office of the Clerk of the United States
District Court for the Western District of
North Carolina. Copies of these
materials may be obtained from the
Antitrust Division upon request and
payment of the copying fee set by
Department of Justice regulations.
Public comment is invited within 60
days of the date of this notice. Such
comments, including the name of the
submitter, and responses thereto, will be
posted on the Antitrust Division’s
website, filed with the Court, and, under
certain circumstances, published in the
Federal Register. Comments should be
directed to Peter J. Mucchetti, Chief,
Healthcare and Consumer Products
Section, Antitrust Division, Department
of Justice, 450 Fifth Street NW, Suite
4100, Washington, DC 20530
(telephone: 202–307–0001).
Patricia A. Brink,
Director of Civil Enforcement.
United States District Court for the Western
District of North Carolina Charlotte Division
United States of America and the State of
North Carolina, Plaintiffs, v. The CharlotteMecklenburg Hospital Authority, d/b/a
Carolinas Healthcare System, Defendant.
Case No. 3:16–cv–00311–RJC–DCK
Judge Robert J. Conrad, Jr.
COMPLAINT
The United States of America and the State
of North Carolina bring this civil antitrust
action to enjoin Defendant, The CharlotteMecklenburg Hospital Authority, d/b/a
Carolinas HealthCare System (‘‘CHS’’), from
using unlawful contract restrictions that
prohibit commercial health insurers in the
Charlotte area from offering patients financial
benefits to use less-expensive healthcare
services offered by CHS’s competitors. These
steering restrictions reduce competition
resulting in harm to Charlotte area
consumers, employers, and insurers.
I. CHS AND ITS UNLAWFUL STEERING
RESTRICTIONS
1. CHS is a North Carolina not-for-profit
corporation providing healthcare services
with its principal place of business in
Charlotte. Its flagship facility is Carolinas
Medical Center, a large general acute-care
hospital located in downtown Charlotte. It
also operates nine other general acute-care
hospitals in the Charlotte area.
2. CHS is the dominant hospital system in
the Charlotte area, with approximately a 50
percent share of the relevant market, and
2014 revenue of approximately $8.7 billion.
Its closest competitor by size is Novant,
which owns five general acute care hospitals
in the Charlotte area and has less than half
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 83, Number 237 (Tuesday, December 11, 2018)]
[Notices]
[Pages 63672-63674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26740]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1068]
Certain Microfluidic Devices; Commission Determination To Review
in Part a Final Initial Determination Finding a Violation of Section
337; Schedule for Filing Written Submissions on the Issues Under Review
and on Remedy, the Public Interest, and Bonding; Extension of Target
Date
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (the ``Commission'') has determined to review in part the
final initial determination (the ``ID'') issued by the presiding
administrative law judge (``ALJ'') on September 20, 2018, finding a
violation of the Tariff Act of 1930, as amended, in connection with
certain asserted patents. The Commission has also determined to extend
the target date for the completion of this investigation to February
11, 2019.
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 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, telephone 202-205-1810.
SUPPLEMENTARY INFORMATION: On September 6, 2017, the Commission
instituted this investigation based on a complaint filed by Bio-Rad
Laboratories, Inc. of Hercules, CA; and Lawrence Livermore National
Security, LLC of Livermore, CA (collectively, ``complainants''). 82 FR
42115 (Sept. 6, 2017). The complaint (and supplement thereto) alleges
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337'') based
[[Page 63673]]
upon the importation into the United States, the sale for importation,
or the sale within the United States after importation of certain
microfluidic devices by reason of infringement of one or more of claims
1-12 and 14-16 of U.S. Patent No. 9,500,664 (``the '664 patent'');
claims 1-15 of U.S. Patent No. 9,089,844 (``the '844 patent''); claims
1-21 of U.S. Patent No. 9,636,682 (``the '682 patent''); claims 1-27 of
U.S. Patent No. 9,649,635 (``the '635 patent''); and claims 1, 2, 4-8,
and 14-21 of U.S. Patent No. 9,126,160 (``the '160 patent). Id. The
Commission's notice of investigation named as the sole respondent 10X
Genomics, Inc. of Pleasanton, CA (``10X''). Id. The Office of Unfair
Import Investigations was also named as a party to this investigation.
Id.
On March 6, 2018, the Commission terminated the investigation as to
claims 14-17 of the '160 patent; claim 3 of the '664 patent; claims 2,
8, 11, and 14-15 of the '844 patent; claims 2-3 of the '682 patent; and
claims 2-4, 9-10, 15, 22, and 27 of the '635 patent. See Order No. 12,
unreviewed, Notice of Commission Determination Not to Review an Initial
Determination (Order No. 12) Partially Terminating the Investigation as
to Certain Patent Claims (March 6, 2018). On March 26, 2018, the
Commission terminated the investigation as to claims 1 and 18 of the
'160 patent; claims 6, 7, 9, and 13 of the '844 patent; claims 4 and 13
of the '682 patent; and claims 5 and 17 of the '635 patent. See Order
No. 16, unreviewed, Notice of Commission Determination Not to Review an
ID (Order No. 16) Partially Terminating the Investigation as to Certain
Patent Claims (March 26, 2018). On April 16, 2018, the Commission
terminated the investigation as to claims 2, 6, 7, and 19 of the '160
patent; claims 5-7, 10, and 12 of the '664 patent; claims 1, 3-5, 10,
and 12 of the '844 patent; claims 5-6, 8, 10-12, 15, and 20-21 of the
'682 patent; and claims 6-8, 11-12, 18-20, and 23-26 of the '635
patent. See Order No. 19, unreviewed, Notice of Commission
Determination Not to Review an Initial Determination (Order No. 19)
Partially Terminating the Investigation as to U.S. Patent No. 9,089,844
and Other Asserted Patent Claims (Apr. 16, 2018).
On September 20, 2018, the ALJ issued the ID, which finds 10X in
violation of section 337 as to the '664 patent, the '682 patent, and
the '635 patent. On September 28, 2018, the ALJ issued her
recommendations on remedy, bond, and the public interest. The ALJ
recommended that the Commission issue a limited exclusion order
directed to 10X's infringing products and a cease and desist order
directed to 10X. The ALJ also recommended a bond of 100 percent of
entered value during the Presidential review period. See 19 U.S.C.
1337(j)(3).
On October 3, 2018, Complainants and 10X each filed petitions for
review. OUII did not file a petition for review. On October 11, 2018,
the Complainants, 10X, and OUII filed responses to those petitions.
Having examined the record in this investigation, including the ID,
the petitions for review, and the responses thereto, the Commission has
determined to review the ID in part. In particular, the Commission has
determined to review the following:
(1) Whether 10X indirectly infringes the '682 and '635 patents.
(2) Whether 10X's Chip GB infringes claims 1 and 14 of the '664
patent.
(3) Whether 10X's Chip SE infringes claim 20 of the '160 patent and
claim 1 of the '664 patent.
As the petitions and responses thereto have adequately addressed
these issues, the Commission does not request any briefing on these
issues. The Commission has determined to not review the remainder of
the ID.
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 a cease and desist order that could result in the respondent
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 (December 1994) (Commission
Opinion).
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 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 requested to submit proposed remedial orders for the Commission's
consideration. Complainants are also requested to state the date that
the 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. The written submissions and proposed remedial orders
must be filed no later than close of business on December 17, 2018.
Reply submissions must be filed no later than the close of business on
December 24, 2018. Such submissions should address the ALJ's
recommended determinations on remedy and bonding and the public
interest. 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
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-1068'') 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/
[[Page 63674]]
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, solely for cybersecurity
purposes (all contract personnel will sign appropriate nondisclosure
agreements). All nonconfidential 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: December 4, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-26740 Filed 12-10-18; 8:45 am]
BILLING CODE 7020-02-P
