Certain Electrochemical Glucose Monitoring Systems and Components Thereof; Commission Determination To Affirm an Initial Determination Granting a Motion for Summary Determination of Non-Infringement of the Asserted Patents; Termination of Investigation, 14396-14397 [2019-07047]
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Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Notices
sale for importation, and the sale within
the United States after importation of
certain vehicle security and remote
convenience systems and components
thereof by reason of infringement of
certain claims of U.S. Patent No.
7,191,053 (the ‘‘’053 patent’’), U.S.
Patent No. 7,483,783 (the ‘‘’783 patent’’),
U.S. Patent No. 7,646,285 (the ‘‘’285
patent’’), U.S. Patent No. 7,898,386 (the
‘‘’386 patent’’), and U.S. Patent No.
8,378,800 (the ‘‘’800 patent’’). The
complaint further alleges that an
industry in the United States exists 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
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:
jbell on DSK30RV082PROD with NOTICES
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
April 4, 2019, 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,
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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
1–9, 11–14, 16–19, 21–24, 26, 29–32, 34,
35, 38–40, 81–89, 91–94, 96, 99, and 100
of the ’053 patent; 1–3, 6, 7, 18, 25, 52,
53, 56, and 57 of the ’783 patent; claims
1–9 and 12–16 of the ’386 patent; claims
1–3, 17, 39, 40 and 52 of the ‘285 patent,
and claims 1–6, 8, and 11–15 of the ’800
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 ‘‘user smartphones
running software applications or
handheld key fobs with software for
sending commands to vehicles; vehicleinstalled modules that receive
commands from the smartphones or key
fobs and communicate with vehicle
electronics to execute the commands;
and vehicle accessories that are turned
on/off or otherwise controlled by the
smartphones, key fobs, and/or invehicle modules’’;
(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 complainants are:
DEI Holdings, Inc., Directed, LLC, 1
Viper Way, Vista, California 92081.
Directed Electronics Canada Inc., 2750
Alphonse-Gariepy St., Lachine,
Quebec, H8T 3M2, Canada.
(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:
Automotive Data Solutions, Inc., 8400
Bougainville, Montreal, QC H4P
2G1, Canada.
Firstech, LLC, 21903 68th Avenue
South, Kent, Washington 98032.
AAMP of Florida, Inc., 15500 Lightwave
Drive, Suite 202, Clearwater,
Florida 33760.
(3) 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 participate as a
party in this investigation.
Responses to the complaint and the
notice of institution of investigation
must be submitted by the named
respondents in accordance with section
210.13 of the Commission’s Rules of
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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 institution 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: April 5, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–07101 Filed 4–9–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1075]
Certain Electrochemical Glucose
Monitoring Systems and Components
Thereof; Commission Determination
To Affirm an Initial Determination
Granting a Motion for Summary
Determination of Non-Infringement of
the Asserted Patents; Termination of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to affirm
an initial determination (Order No. 33)
granting a motion for summary
determination of non-infringement of
the asserted patents and the presiding
administrative law judge’s (‘‘ALJ’’)
underlying orders. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
SUMMARY:
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Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Notices
Washington, DC 20436, telephone 202–
708–2301. 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 (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.
The
Commission instituted this investigation
on October 25, 2017, based on a
complaint filed on September 18, 2017,
on behalf of Dexcom, Inc. of San Diego,
California (‘‘Dexcom’’). 82 FR 49420
(Oct. 25, 2017). The complaint alleges
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, based upon the importation into
the United States, the sale for
importation, and the sale within the
United States after importation of
certain electrochemical glucose
monitoring systems and components
thereof by reason of infringement of one
or more of claims of U.S. Patent Nos.
9,724,045 and 9,750,460. The notice of
investigation named as a respondent
AgaMatrix, Inc. of Salem, New
Hampshire (‘‘AgaMatrix’’). The Office of
Unfair Import Investigations was not
named as a party in the investigation.
On May 10, 2018, the ALJ issued
Order No. 26, granting-in-part a motion
by AgaMatrix to strike portions of
Dexcom’s expert reports. Order No. 26
struck, in relevant part, certain portions
of an expert report relating to whether
the accused products meet the ‘‘film’’
term of the ‘‘enzyme-containing film’’
limitation of the asserted claims and
precluded Dexcom from relying on the
arguments and theories described in the
struck portions of the expert report
during the investigation.
On May 17, 2018, AgaMatrix filed a
motion for summary determination of
non-infringement of the asserted patents
on the basis that Dexcom cannot prove
that the accused products directly or
indirectly infringe any of the asserted
claims. On May 29, 2018, Dexcom
opposed the motion. On June 1, 2018,
AgaMatrix moved for leave to file a
reply in support of its motion. On June
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SUPPLEMENTARY INFORMATION:
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6, 2018, Dexcom opposed the motion for
leave.
On June 7, 2018, the ALJ issued the
subject initial determination (‘‘ID’’)
(Order No. 33), granting AgaMatrix’s
motion for summary determination of
non-infringement with respect to direct
infringement but denying the motion
with respect to indirect infringement.
The ID also denied AgaMatrix’s motion
for leave to file a reply in support of its
motion and stayed the procedural
schedule pending review of the ID.
On June 18, 2018, Dexcom filed a
petition for review of the ID’s findings
on direct infringement and Order No.
26. On June 25, 2018, AgaMatrix filed
its opposition.
On July 23, 2018, the Commission
determined to review the subject ID in
its entirety, as well as the underlying
orders. Notice (July 23, 2018).
Having reviewed the record in this
investigation, including the subject ID,
the petition for review, and response
thereto, the Commission has determined
to affirm Order No. 33’s summary
determination of non-infringement and
the ALJ’s underlying orders.
Commissioner Schmidtlein dissents
from the majority’s decision. Her views
have been filed on EDIS.
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: April 4, 2019.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2019–07047 Filed 4–9–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1137]
Certain Semiconductor Lithography
Systems and Components Thereof;
Notice of Commission Determination
Not To Review an Initial Determination
Terminating the Investigation in Its
Entirety
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined not to review a March 12,
2019 initial determination (‘‘ID’’) (Order
SUMMARY:
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14397
No. 9) terminating this investigation in
its entirety based on a settlement
agreement. The investigation is
terminated.
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 (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 at 202–205–1810.
SUPPLEMENTARY INFORMATION: On
October 23, 2018, the Commission
instituted this investigation under
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’), based on a complaint filed by
ASML Netherlands B.V. of Veldhoven,
the Netherlands, ASML US, L.P. of
Chandler, AZ, and ASML US, LLC of
Chandler, AZ (collectively, ‘‘ASML’’).
83 FR 53498 (Oct. 23, 2018). The
complaint alleges a violation of section
337 by reason of infringement of certain
claims of U.S. Patent Nos. 7,295,283,
7,403,264, and 9,188,880. The
Commission’s notice of investigation
named as respondents Nikon
Corporation of Tokyo, Japan, Nikon
Precision Inc. of Belmont, California,
and Nikon Research Corporation of
America of Belmont, California
(collectively, ‘‘Nikon’’). Id. The Office of
Unfair Import Investigations is not a
party in this investigation. Id.
On February 25, 2019, ASML and
Nikon jointly moved pursuant to
Commission Rule 210.21(b) (19 CFR
201.21(b)) to terminate this investigation
in its entirety based on a settlement
agreement.
On March 12, 2019, the presiding
administrative law judge issued Order
No. 9, the subject ID, which grants the
motion. The ID finds that the joint
motion complies with Commission Rule
210.21(b). The ID additionally finds that
terminating the investigation is in the
public interest. No petitions for review
of the ID were filed.
E:\FR\FM\10APN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Notices]
[Pages 14396-14397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07047]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1075]
Certain Electrochemical Glucose Monitoring Systems and Components
Thereof; Commission Determination To Affirm an Initial Determination
Granting a Motion for Summary Determination of Non-Infringement of the
Asserted Patents; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to affirm an initial determination (Order No.
33) granting a motion for summary determination of non-infringement of
the asserted patents and the presiding administrative law judge's
(``ALJ'') underlying orders. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
[[Page 14397]]
Washington, DC 20436, telephone 202-708-2301. 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 (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 25, 2017, based on a complaint filed on September 18, 2017,
on behalf of Dexcom, Inc. of San Diego, California (``Dexcom''). 82 FR
49420 (Oct. 25, 2017). The complaint alleges violations of section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain
electrochemical glucose monitoring systems and components thereof by
reason of infringement of one or more of claims of U.S. Patent Nos.
9,724,045 and 9,750,460. The notice of investigation named as a
respondent AgaMatrix, Inc. of Salem, New Hampshire (``AgaMatrix''). The
Office of Unfair Import Investigations was not named as a party in the
investigation.
On May 10, 2018, the ALJ issued Order No. 26, granting-in-part a
motion by AgaMatrix to strike portions of Dexcom's expert reports.
Order No. 26 struck, in relevant part, certain portions of an expert
report relating to whether the accused products meet the ``film'' term
of the ``enzyme-containing film'' limitation of the asserted claims and
precluded Dexcom from relying on the arguments and theories described
in the struck portions of the expert report during the investigation.
On May 17, 2018, AgaMatrix filed a motion for summary determination
of non-infringement of the asserted patents on the basis that Dexcom
cannot prove that the accused products directly or indirectly infringe
any of the asserted claims. On May 29, 2018, Dexcom opposed the motion.
On June 1, 2018, AgaMatrix moved for leave to file a reply in support
of its motion. On June 6, 2018, Dexcom opposed the motion for leave.
On June 7, 2018, the ALJ issued the subject initial determination
(``ID'') (Order No. 33), granting AgaMatrix's motion for summary
determination of non-infringement with respect to direct infringement
but denying the motion with respect to indirect infringement. The ID
also denied AgaMatrix's motion for leave to file a reply in support of
its motion and stayed the procedural schedule pending review of the ID.
On June 18, 2018, Dexcom filed a petition for review of the ID's
findings on direct infringement and Order No. 26. On June 25, 2018,
AgaMatrix filed its opposition.
On July 23, 2018, the Commission determined to review the subject
ID in its entirety, as well as the underlying orders. Notice (July 23,
2018).
Having reviewed the record in this investigation, including the
subject ID, the petition for review, and response thereto, the
Commission has determined to affirm Order No. 33's summary
determination of non-infringement and the ALJ's underlying orders.
Commissioner Schmidtlein dissents from the majority's decision. Her
views have been filed on EDIS.
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: April 4, 2019.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2019-07047 Filed 4-9-19; 8:45 am]
BILLING CODE 7020-02-P
