Certain Cartridges for Electronic Nicotine Delivery Systems and Components Thereof: Institution of Investigation, 66746-66747 [2018-28068]

Download as PDF 66746 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices 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 inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: December 20, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–28069 Filed 12–26–18; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1141] Certain Cartridges for Electronic Nicotine Delivery 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 November 20, 2018, under section 337 of the Tariff Act of 1930, as amended, on behalf of Juul Labs, Inc. of San Francisco, California. 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 cartridges for electronic nicotine delivery systems and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,058,129 (‘‘the ’129 patent’’); U.S. Patent No. 10,104,915 (‘‘the ’915 patent’’); U.S. Patent No. 10,111,470 (‘‘the ’470 patent’’); U.S. Patent No. 10,117,465 (‘‘the ’465 patent’’); and U.S. Patent No. 10,117,466 (‘‘the ’466 patent’’). The complaint 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 khammond on DSK30JT082PROD with NOTICES SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. VerDate Sep<11>2014 17:14 Dec 26, 2018 Jkt 247001 limited exclusion order and a 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: Pathenia M. Proctor, The Office of Unfair Import Investigations, 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, the U.S. International Trade Commission, on December 19, 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 1–3, 5–8, 12, 13, 16–20, and 22 of the ’129 patent; claims 10, 15, 17, and 29– 32 of the ’915; claims 1–4, 7, 8, 10, and 11 of the ’470 patent; claims 1–7 and 9– 20 of the ’465 patent; and 1, 4–8, 10, 12, 14, and 16–23 of the ’466 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 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 products, which defines the scope of the investigation, is ‘‘cartridges for nicotine vaporizers, and components thereof, such as the mouthpiece, storage compartment, and heater;’’ (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties or other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (4) 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: Juul Labs, Inc., 560 20th Street, San Francisco, CA 94107. (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: DripTip Vapes LLC, 151 N Nob Hill Rd. #115, Plantation, FL 33324. The Electric Tobacconist, LLC, 3235 Prairie Avenue, Boulder, CO 80301. Fuma Vapor, Inc., 605 S Westgate Rd., Des Plaines, IL 60016. Lan & Mike International Trading, Inc., 20435 Gramercy Place, Suite 101, Torrance, CA 90501. Lizard Juice, LLC, 8565 Somerset Drive, Unit A, Largo, FL 33773. Maduro Distributors, Inc., 245 Roselawn Ave E #24, Maplewood, MN 55117. MistHub, LLC, 1674 Barclay Blvd., Buffalo Grove, IL 60089. ParallelDirect LLC, 103 Schelter Rd, #20, Lincolnshire, IL 60069. Saddam Aburoumi, 193 Homestead Street, Unit D3, Manchester, CT 06042. Sarvasva LLC, D/b/a One Stop Food Mart, 32 Church Road, Maple Shade, NJ 08052. Shenzhen Haka Flavor Technology Co., Ltd., 4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd., Shajing Town, Bao’an District, Shenzhen City, Guangdong, China 518104. Shenzhen OCIGA Technology Co., Ltd., 4F, Building B, Anjia Industrial Park, Gonghe Industrial Rd, Shajing Town, Bao’an District, Shenzhen City, Guangdong Province, China 518104. Shenzhen OVNS Technology Co., Ltd., 6F, North Side Of Xinlong Tech Park, No. 2, Dawangshan Industrial 1st Road, Shajing Town, Bao’an District, Shenzhen, Guangdong, China 518101. E:\FR\FM\27DEN1.SGM 27DEN1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Notices Shenzhen Yibo Technology Co., Ltd., E District 4F, 5 Building, Wen Ge Industrial Zone, Heshuikou, Gongming St., Guangming New District, Shenzhen City, Guangdong Province, China 518106. Twist Vapor Franchising, LLC, 14937 Bruce B Downs Boulevard, Tampa, FL 33613. United Wholesale LLC, 73 Linden Street, Glastonbury, CT 06033. Vape4U LLC, 8926 Benson Ave. Ste E, Montclair, CA 91763. Vaperz LLC, 19818 S Harlem Ave., Frankfort, IL 60423. Vaportronix, LLC, 2941 NE 185th Street, Aventura, FL 33180. Vapor 4 Life Holdings, Inc., 4080 Commercial Ave., Suite A, Northbrook, IL 60062. The ZFO, 42 Nichols St., Suite 14, Spencerport, NY 14559. Ziip Lab Co., Ltd., E District 4F, 5 Building, Wen Ge Industrial Zone, Heshuikou, Gongming St., Guangming New District, Shenzhen City, Guangdong Province, China 518106. Ziip Lab S.A., Ave. Golero, 911 Office 27, Punta del Este—Maldonado, Uruguay, 20100. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (5) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. 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 VerDate Sep<11>2014 17:14 Dec 26, 2018 Jkt 247001 issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: December 20, 2018. Lisa Barton, Secretary to the Commission. 66747 Act on September 4, 2018 (83 FR 44903). Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2018–28041 Filed 12–26–18; 8:45 am] BILLING CODE 4410–11–P [FR Doc. 2018–28068 Filed 12–26–18; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. 2018–48] DEPARTMENT OF JUSTICE Stephen R. Kovacs, D.O.; Decision and Order Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—DVD Copy Control Association Notice is hereby given that, on December 5, 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’’), the DVD Copy Control Association (‘‘DVD CCA’’) 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, Shenzhen Soling Industrial Co., Ltd., Shenzhen City, Guangdong, PEOPLE’S REPUBLIC OF CHINA, has been added as a party to this venture. Also, Fujitsu Limited, Nakahara-ku, Kawasaki, JAPAN; and Koninklijke Philips Electronics N.V., Eindhoven, NETHERLANDS, have withdrawn as parties to this venture. 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 DVD CCA intends to file additional written notifications disclosing all changes in membership. On April 11, 2001, DVD CCA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on August 3, 2001 (66 FR 40727). The last notification was filed with the Department on August 14, 2018. A notice was published in the Federal Register pursuant to Section 6(b) of the PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 On August 2, 2018, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (hereinafter, DEA or Government), issued an Order to Show Cause to Stephen R. Kovacs, D.O. (hereinafter, Respondent), of Owasso and Claremore, Oklahoma. Order to Show Cause (hereinafter, OSC), at 1. The Show Cause Order proposes the revocation of Respondent’s Certificates of Registration on the ground that he has ‘‘no state authority to handle controlled substances’’ in Oklahoma, the State in which he is registered with the DEA. Id. (citing 21 U.S.C. 824(a)(3)). It also proposes the denial of ‘‘any applications for renewal or modification of such registrations and any applications for any other DEA registrations.’’ OSC, at 1 (citing 21 U.S.C. 824(a)(3)). Regarding jurisdiction, the Show Cause Order alleges that Respondent holds DEA Certificate of Registration No. BK9173840 at the registered address of 10314 N 138th E Ave., Suite 101, Owasso, Oklahoma 74055. OSC, at 2. This registration, the OSC alleges, authorizes Respondent to dispense controlled substances in schedules II through V as a practitioner-DW/275. Id. The Show Cause Order alleges that this registration expires on December 31, 2019. Id. The Show Cause Order further alleges that Respondent holds DEA Certificate of Registration No. BK7370492 at the registered address of 985 West Will Rogers Blvd., Claremore, OK 74017, with a mailing address of 13616 E 103rd St. N, Ste. A, Owasso, Oklahoma 74055. Id. This registration, the OSC alleges, authorizes Respondent to dispense controlled substances in schedules II through V as a practitioner. Id. The Show Cause Order alleges that this registration expires on December 31, 2018. Id. The substantive ground for the proceeding, as alleged in the Show Cause Order, is that Respondent is E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66746-66747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28068]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1141]


Certain Cartridges for Electronic Nicotine Delivery 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 November 20, 2018, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Juul Labs, Inc. 
of San Francisco, California. 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 cartridges for electronic nicotine delivery 
systems and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 10,058,129 (``the '129 patent''); U.S. Patent 
No. 10,104,915 (``the '915 patent''); U.S. Patent No. 10,111,470 (``the 
'470 patent''); U.S. Patent No. 10,117,465 (``the '465 patent''); and 
U.S. Patent No. 10,117,466 (``the '466 patent''). The complaint 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 a 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: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, 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, the U.S. 
International Trade Commission, on December 19, 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 1-3, 5-8, 12, 13, 16-20, and 22 of the '129 patent; claims 10, 
15, 17, and 29-32 of the '915; claims 1-4, 7, 8, 10, and 11 of the '470 
patent; claims 1-7 and 9-20 of the '465 patent; and 1, 4-8, 10, 12, 14, 
and 16-23 of the '466 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 ``cartridges for 
nicotine vaporizers, and components thereof, such as the mouthpiece, 
storage compartment, and heater;''
    (3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties or other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (4) 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: Juul Labs, Inc., 560 20th Street, San 
Francisco, CA 94107.
    (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:
    DripTip Vapes LLC, 151 N Nob Hill Rd. #115, Plantation, FL 33324.
    The Electric Tobacconist, LLC, 3235 Prairie Avenue, Boulder, CO 
80301.
    Fuma Vapor, Inc., 605 S Westgate Rd., Des Plaines, IL 60016.
    Lan & Mike International Trading, Inc., 20435 Gramercy Place, Suite 
101, Torrance, CA 90501.
    Lizard Juice, LLC, 8565 Somerset Drive, Unit A, Largo, FL 33773.
    Maduro Distributors, Inc., 245 Roselawn Ave E #24, Maplewood, MN 
55117.
    MistHub, LLC, 1674 Barclay Blvd., Buffalo Grove, IL 60089.
    ParallelDirect LLC, 103 Schelter Rd, #20, Lincolnshire, IL 60069.
    Saddam Aburoumi, 193 Homestead Street, Unit D3, Manchester, CT 
06042.
    Sarvasva LLC, D/b/a One Stop Food Mart, 32 Church Road, Maple 
Shade, NJ 08052.
    Shenzhen Haka Flavor Technology Co., Ltd., 4F, Building B, Anjia 
Industrial Park, Gonghe Industrial Rd., Shajing Town, Bao'an District, 
Shenzhen City, Guangdong, China 518104.
    Shenzhen OCIGA Technology Co., Ltd., 4F, Building B, Anjia 
Industrial Park, Gonghe Industrial Rd, Shajing Town, Bao'an District, 
Shenzhen City, Guangdong Province, China 518104.
    Shenzhen OVNS Technology Co., Ltd., 6F, North Side Of Xinlong Tech 
Park, No. 2, Dawangshan Industrial 1st Road, Shajing Town, Bao'an 
District, Shenzhen, Guangdong, China 518101.

[[Page 66747]]

    Shenzhen Yibo Technology Co., Ltd., E District 4F, 5 Building, Wen 
Ge Industrial Zone, Heshuikou, Gongming St., Guangming New District, 
Shenzhen City, Guangdong Province, China 518106.
    Twist Vapor Franchising, LLC, 14937 Bruce B Downs Boulevard, Tampa, 
FL 33613.
    United Wholesale LLC, 73 Linden Street, Glastonbury, CT 06033.
    Vape4U LLC, 8926 Benson Ave. Ste E, Montclair, CA 91763.
    Vaperz LLC, 19818 S Harlem Ave., Frankfort, IL 60423.
    Vaportronix, LLC, 2941 NE 185th Street, Aventura, FL 33180.
    Vapor 4 Life Holdings, Inc., 4080 Commercial Ave., Suite A, 
Northbrook, IL 60062.
    The ZFO, 42 Nichols St., Suite 14, Spencerport, NY 14559.
    Ziip Lab Co., Ltd., E District 4F, 5 Building, Wen Ge Industrial 
Zone, Heshuikou, Gongming St., Guangming New District, Shenzhen City, 
Guangdong Province, China 518106.
    Ziip Lab S.A., Ave. Golero, 911 Office 27, Punta del Este--
Maldonado, Uruguay, 20100.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (5) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    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: December 20, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-28068 Filed 12-26-18; 8:45 am]
 BILLING CODE 7020-02-P