Certain Reload Cartridges for Laparoscopic Surgical Staplers; Institution of Investigation, 32220-32221 [2019-14308]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Notices]
[Pages 32220-32221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14308]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1167]


Certain Reload Cartridges for Laparoscopic Surgical Staplers; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 30, 2019, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Ethicon LLC of 
Guaynabo, PR; Ethicon Endo-surgery, Inc. of Cincinnati, Ohio; and 
Ethicon US, LLC of Cincinnati, Ohio. Letters supplementing the 
complaint were filed on June 7 and 17, 2019. 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 reload cartridges for laparoscopic 
surgical staplers by reason of infringement of certain claims of U.S. 
Patent No. 9,844,379 (``the '379 patent''); U.S. Patent No. 9,844,369 
(``the '369 patent''); U.S. Patent No. 7,490,749 (``the '749 patent''); 
U.S. Patent No. 8,479,969 (``the '969 patent''); and U.S. Patent No. 
9,113,874 (``the '874 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: 

    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 (2019).

    Scope of Investigation: Having considered the complaint, as 
supplemented, the U.S. International Trade Commission, on June 28, 
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, 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 of the '379 patent; claims 22-23 of the '369 patent; claim 1 
of the '749 patent; claim 24 of the '969 patent; and claim 19 of the 
'874 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 ``stapler reload 
cartridges for surgical instruments used in laparoscopic surgical 
procedures to both cut and staple tissue'';
    (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 are:

Ethicon LLC, 475 Street C, Los Frailes Industrial Park, Guaynabo, PR 
00969
Ethicon Endo-Surgery, Inc., 4545 Creek Road, Cincinnati, OH 45242
Ethicon US, LLC, 4545 Creek Road, Cincinnati, OH 45242

    (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:

Intuitive Surgical Inc., 1020 Kifer Road, Building 101, Sunnyvale, CA 
94086
Intuitive Surgical Operations, Inc., 1020 Kifer Road, Sunnyvale, CA 
94086
Intuitive Surgical Holdings, LLC, Circuito Internacional Sur #21-A, 
Parque Industrial Nelson, Carretera A San Luis R.c., Km 14, Mexicali 
Baja California, Mexico 21397; and

    (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 participate 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

[[Page 32221]]

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: June 28, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-14308 Filed 7-3-19; 8:45 am]
 BILLING CODE 7020-02-P?>