Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof; Notice of the Commission's Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation in Its Entirety, 12000 [2019-06045]

Download as PDF jbell on DSK30RV082PROD with NOTICES 12000 Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Notices prong of the domestic industry requirement has been satisfied with respect to the ’774 and the ’501 patents under section 337(a)(3)(C) based on the domestic activities of Sony’s licensee. The Commission adopts the ID’s findings to the extent that they are not inconsistent with the Commission opinion issued herewith. The Commission action results in a violation of section 337 as to claims 1, 5–8, 10, 16, and 17 of the ’774 patent, and claims 1–13 of the ’596 patent, but not as to claims 1, 2, 4–6, and 8 of the ’501 patent. The Commission has also determined to grant Sony’s and Fujifilm’s joint motion to submit certain replacement pages to their respective initial written submission. Having found a violation of section 337 in this investigation, the Commission has determined that the appropriate form of relief is: (1) A limited exclusion order prohibiting the unlicensed entry of magnetic tape cartridges and components thereof that infringe one or more of claims 1, 5–8, 10, 16, and 17 of the ’774 patent, and claims 1–13 of the ’596, and (2) cease and desist orders directed to the domestic Fujifilm respondents. The Commission has also determined that the public interest factors enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not preclude issuance of the limited exclusion order or cease and desist orders. The Commission has, however, determined to exempt Fujifilm’s magnetic tape cartridges and components thereof that are imported or used for the purpose of compliance verification testing. In view of the PTAB’s Final Written Decision finding claim 17 of the ’774 patent unpatentable, the Commission has determined to suspend the enforcement of the limited exclusion order and cease and desist orders as to that claim pending final resolution of the PTAB’s Final Written Decision. See 35 U.S.C. 318(b). The Commission has further determined to set a bond at zero (0) percent of entered value during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). VerDate Sep<11>2014 17:48 Mar 28, 2019 Jkt 247001 By order of the Commission. Issued: March 25, 2019. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2019–06046 Filed 3–28–19; 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; Notice of the Commission’s Determination Not To Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of the Investigation in Its Entirety U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 13) terminating the investigation based on settlement. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2737. 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 on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on October 4, 2018, based on a complaint, as supplemented, filed on behalf of ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Bella Vista, Australia (collectively, ‘‘Complainants’’). 83 FR 50,121 (October 4, 2018). The complaint, as SUMMARY: PO 00000 Frm 00075 Fmt 4703 Sfmt 9990 supplemented, alleges violations of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘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; U.S. Patent No. 9,027,556; U.S. Patent No. 9,962,511; U.S. Patent No. 9,962,510; and U.S. Patent No. 9,937,315. The complaint further alleges that an industry in the United States exists as required by section 337. The notice of investigation names Fisher & Paykel Healthcare Limited of Auckland, New Zealand; Fisher & Paykel Healthcare, Inc. of Irvine, California; and Fisher & Paykel Healthcare Distribution Inc. of Irvine, California (collectively, ‘‘Respondents’’) as respondents. The Office of Unfair Import Investigations was not named as party in the investigation. On February 22, 2019, the Complainants and Respondents filed a joint motion to terminate the investigation based on settlement. On February 26, 2019, the ALJ issued the subject ID, granting the joint motion pursuant to Commission Rule 210.21(b). The ALJ found the parties included confidential and public versions of the settlement agreement and that the parties represented that there are no other agreements, written or oral, express or implied concerning the subject matter of the investigation. The ALJ also found that termination of the investigation is not contrary to the public interest. No petitions for review were filed. The Commission has determined not to review the ID. The investigation is terminated. 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: March 25, 2019. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2019–06045 Filed 3–28–19; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Page 12000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06045]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1134]


Certain Sleep-Disordered Breathing Treatment Mask Systems and 
Components Thereof; Notice of the Commission's Determination Not To 
Review an Initial Determination Terminating the Investigation Based on 
Settlement; Termination of the Investigation in Its Entirety

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 13) 
terminating the investigation based on settlement. The investigation is 
terminated.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 4, 2018, based on a complaint, as supplemented, filed on 
behalf of ResMed Corp. of San Diego, California, ResMed Inc. of San 
Diego, California, and ResMed Ltd. of Bella Vista, Australia 
(collectively, ``Complainants''). 83 FR 50,121 (October 4, 2018). The 
complaint, as supplemented, alleges violations of Section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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; U.S. Patent No. 9,027,556; U.S. Patent No. 9,962,511; U.S. 
Patent No. 9,962,510; and U.S. Patent No. 9,937,315. The complaint 
further alleges that an industry in the United States exists as 
required by section 337. The notice of investigation names Fisher & 
Paykel Healthcare Limited of Auckland, New Zealand; Fisher & Paykel 
Healthcare, Inc. of Irvine, California; and Fisher & Paykel Healthcare 
Distribution Inc. of Irvine, California (collectively, ``Respondents'') 
as respondents. The Office of Unfair Import Investigations was not 
named as party in the investigation.
    On February 22, 2019, the Complainants and Respondents filed a 
joint motion to terminate the investigation based on settlement.
    On February 26, 2019, the ALJ issued the subject ID, granting the 
joint motion pursuant to Commission Rule 210.21(b). The ALJ found the 
parties included confidential and public versions of the settlement 
agreement and that the parties represented that there are no other 
agreements, written or oral, express or implied concerning the subject 
matter of the investigation. The ALJ also found that termination of the 
investigation is not contrary to the public interest. No petitions for 
review were filed.
    The Commission has determined not to review the ID. The 
investigation is terminated.
    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: March 25, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-06045 Filed 3-28-19; 8:45 am]
 BILLING CODE 7020-02-P
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