Certain Road Milling Machines and Components Thereof; Issuance of a Limited Exclusion Order and Two Cease and Desist Orders; Termination of Investigation, 35690-35691 [2019-15689]
Download as PDF
<![CDATA[
35690
Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / 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,1 solely for cybersecurity
purposes. 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: July 18, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–15684 Filed 7–23–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
khammond on DSKBBV9HB2PROD with NOTICES
[Investigation No. 337–TA–1067]
Certain Road Milling Machines and
Components Thereof; Issuance of a
Limited Exclusion Order and Two
Cease and Desist Orders; Termination
of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
1 All contract personnel will sign appropriate
nondisclosure agreements.
VerDate Sep<11>2014
16:53 Jul 23, 2019
Jkt 247001
Notice is hereby given that
the U.S. International Trade
Commission has determined to issue: A
limited exclusion order (‘‘LEO’’)
prohibiting the unlicensed entry of
infringing road-milling machines and
components thereof covered by one or
more of claim 29 of U.S. Patent No.
7,828,309 (‘‘the ’309 patent’’) or claims
2, 5, 16, or 23 of U.S. Patent No.
9,656,530 (‘‘the ’530 patent’’) that are
manufactured abroad for or on behalf of,
or imported by or on behalf of, any of
Caterpillar Prodotti Stradali S.r.L. of
Minerbio, Italy; Caterpillar Americas CV
of Geneva, Switzerland; Caterpillar
Paving Products, Inc. of Minneapolis,
MN; and Caterpillar Inc. of Peoria, IL
(‘‘Caterpillar,’’ or ‘‘Respondents’’) or any
of their affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns;
and a cease and desist order (‘‘CDO’’)
directed against respondents Caterpillar
Paving Products, Inc. and Caterpillar
Inc., and their affiliated companies,
parents, subsidiaries, or other related
business entities, or their successors or
assigns. The Commission has
terminated this investigation.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3115. 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
under section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), on August 25, 2017,
based on a complaint filed by Wirtgen
America, Inc. of Antioch, Tennessee
(‘‘Wirtgen’’). 82 FR 40596–97 (Aug. 25,
2017). The complaint alleges a violation
of section 337 by reason of infringement
of certain claims of U.S. Patent Nos.
9,644,340 (‘‘the ’340 patent’’); 9,624,628
(‘‘the ’628 patent’’); 7,530,641 (‘‘the ’641
SUMMARY:
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
patent’’); and the ’309 and ’530 patents.
The complaint named Caterpillar Bitelli
SpA of Minerbio, Italy (‘‘Caterpillar
Bitelli’’) and Caterpillar as respondents.
Id. at 40596. The Commission’s Office of
Unfair Import Investigations was named
as a party, but later withdrew from the
investigation. Subsequently, the
investigation was terminated as to
respondent Caterpillar Bitelli. ALJ Order
No. 11 dated December 19, 2017
(unreviewed January 18, 2018). The
investigation was also terminated with
respect to the ’628 patent. ALJ Order No.
30 dated March 27, 2018 (unreviewed
April 27, 2018).
The evidentiary hearing on the
question of violation of section 337 was
held April 20–24, 2018. The ALJ issued
a final ID on violation on October 1,
2018. The ALJ found that a violation of
section 337 has occurred in this
investigation with respect to the ’530
and ’309 patents, and no violation of
section 337 has occurred with respect to
the ’641 and ’340 patent. The ALJ issued
his recommended determination on
remedy, the public interest and bonding
on October 18, 2018. The ALJ
recommended that if the Commission
finds a violation of section 337 in the
present investigation, the Commission
should: (1) Issue an LEO covering
products that infringe the patent claims
as to which a violation of section 337
has been found; (2) issue a CDO; and (3)
require no bond during the period of
Presidential review.
Both parties to the investigation filed
timely petitions for review of various
portions of the final ID, as well as timely
responses to the petitions. The parties
also timely filed their respective public
interest statements pursuant to 19 CFR
210.50(a)(4). Responses from public
were likewise received by the
Commission pursuant to notice. 83 FR
53296–97 (Oct. 22, 2018).
On April 17, 2019, the Commission
issued a notice in which it determined
to review-in-part the final ID. See 84 FR
16882–84 (Apr. 23, 2019). In its notice,
the Commission determined not to
review any issues relating to the ’340,
’641, and ’530 patents and reversed the
finding of no invalidity as to claim 36
of the ’309 patent. See 84 FR 16882–84
(Apr. 23, 2019). The Commission
requested written submissions on
remedy, the public interest, and
bonding. Id. at 1683. On May 8, 2019,
Wirtgen and Caterpillar filed their
opening briefs in response to the notice,
and on May 15—their responsive briefs.
No other submissions were received by
the Commission.
Having examined the record in this
investigation, including the parties’
submissions on remedy, the public
E:\FR\FM\24JYN1.SGM
24JYN1
35691
Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Notices
interest, and bonding filed in response
to the Commission Notice, the
Commission has determined that the
appropriate form of relief in this
investigation is: (1) An LEO prohibiting
the unlicensed entry of infringing roadmilling machines and components
thereof covered by one or more of claim
29 of the ’309 patent or claims 2, 5, 16,
or 23 of the ’530 patent that are
manufactured abroad for or on behalf of,
or imported by or on behalf of, any of
the Respondents or any of their
affiliated companies, parents,
subsidiaries, or other related business
entities, or their successors or assigns;
and (2) a CDO directed against
Caterpillar Paving Products, Inc. and
Caterpillar Inc., and their affiliated
companies, parents, subsidiaries, or
other related business entities, or their
successors or assigns.
The Commission has further
determined that the public interest
factors enumerated in subsections (d)(l)
and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do
not preclude issuance of the abovereferenced remedial orders.
Additionally, the Commission has
determined to impose a bond of
fourteen (14) percent of entered value of
the covered products during the period
of Presidential review (19 U.S.C.
1337(j)). 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: July 18, 2019.
Drug Enforcement Administration
Dated: July 15, 2019.
John J. Martin,
Assistant Administrator.
[Docket No. DEA–392]
[FR Doc. 2019–15728 Filed 7–23–19; 8:45 am]
DEPARTMENT OF JUSTICE
BILLING CODE 4410–09–P
Importer of Controlled Substances
Application: Cardinal Health
DEPARTMENT OF JUSTICE
ACTION:
Notice of application.
Drug Enforcement Administration
Registered bulk manufacturers of
the affected basic classes, and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration on
or before August 23, 2019. Such persons
may also file a written request for a
hearing on the application on or before
August 23, 2019.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DPW, 8701
Morrissette Drive, Springfield, Virginia
22152. All requests for a hearing must
be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152. All requests for a
hearing should also be sent to: (1) Drug
Enforcement Administration, Attn:
Hearing Clerk/OALJ, 8701 Morrissette
Drive, Springfield, Virginia 22152; and
(2) Drug Enforcement Administration,
Attn: DEA Federal Register
Representative/DPW, 8701 Morrissette
Drive, Springfield, Virginia 22152.
SUPPLEMENTARY INFORMATION: In
accordance with 21 CFR 1301.34(a), this
is notice that on May 31, 2019, Cardinal
Health, 15 Ingram Boulevard, LaVergne,
Tennessee applied to be registered as an
importer of the following basic class of
controlled substance:
DATES:
Controlled substance
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–15689 Filed 7–23–19; 8:45 am]
BILLING CODE 7020–02–P
Drug code
Secobarbital ......
2315
Schedule
II
The company plans to only distribute
to licensed registrants for the purpose of
medical use.
[Docket No. DEA–392]
Importer of Controlled Substances
Application: Restek Corporation
ACTION:
Notice of application.
Registered bulk manufacturers of
the affected basic classes, and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration on
or before August 23, 2019. Such persons
may also file a written request for a
hearing on the application on or before
August 23, 2019.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DPW, 8701
Morrissette Drive, Springfield, Virginia
22152. All requests for a hearing must
be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152. All requests for a
hearing should also be sent to: (1) Drug
Enforcement Administration, Attn:
Hearing Clerk/OALJ, 8701 Morrissette
Drive, Springfield, Virginia 22152; and
(2) Drug Enforcement Administration,
Attn: DEA Federal Register
Representative/DPW, 8701 Morrissette
Drive, Springfield, Virginia 22152.
SUPPLEMENTARY INFORMATION:
In accordance with 21 CFR
1301.34(a), this is notice that on April
12, 2019, Restek Corporation, 110
Benner Circle, Bellefonte, Pennsylvania
16823–8433 applied to be registered as
an importer of the following basic class
of controlled substance:
DATES:
Drug
code
Controlled substance
khammond on DSKBBV9HB2PROD with NOTICES
Tetrahydrocannabinols ............................................................................................................................................................
VerDate Sep<11>2014
16:53 Jul 23, 2019
Jkt 247001
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
E:\FR\FM\24JYN1.SGM
24JYN1
7370
Schedule
I
]]>Agencies
[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Notices]
[Pages 35690-35691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15689]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1067]
Certain Road Milling Machines and Components Thereof; Issuance of
a Limited Exclusion Order and Two Cease and Desist Orders; 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 issue: A limited exclusion order (``LEO'')
prohibiting the unlicensed entry of infringing road-milling machines
and components thereof covered by one or more of claim 29 of U.S.
Patent No. 7,828,309 (``the '309 patent'') or claims 2, 5, 16, or 23 of
U.S. Patent No. 9,656,530 (``the '530 patent'') that are manufactured
abroad for or on behalf of, or imported by or on behalf of, any of
Caterpillar Prodotti Stradali S.r.L. of Minerbio, Italy; Caterpillar
Americas CV of Geneva, Switzerland; Caterpillar Paving Products, Inc.
of Minneapolis, MN; and Caterpillar Inc. of Peoria, IL
(``Caterpillar,'' or ``Respondents'') or any of their affiliated
companies, parents, subsidiaries, or other related business entities,
or their successors or assigns; and a cease and desist order (``CDO'')
directed against respondents Caterpillar Paving Products, Inc. and
Caterpillar Inc., and their affiliated companies, parents,
subsidiaries, or other related business entities, or their successors
or assigns. The Commission has terminated this investigation.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3115. 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
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), on August 25, 2017, based on a complaint filed by
Wirtgen America, Inc. of Antioch, Tennessee (``Wirtgen''). 82 FR 40596-
97 (Aug. 25, 2017). The complaint alleges a violation of section 337 by
reason of infringement of certain claims of U.S. Patent Nos. 9,644,340
(``the '340 patent''); 9,624,628 (``the '628 patent''); 7,530,641
(``the '641 patent''); and the '309 and '530 patents. The complaint
named Caterpillar Bitelli SpA of Minerbio, Italy (``Caterpillar
Bitelli'') and Caterpillar as respondents. Id. at 40596. The
Commission's Office of Unfair Import Investigations was named as a
party, but later withdrew from the investigation. Subsequently, the
investigation was terminated as to respondent Caterpillar Bitelli. ALJ
Order No. 11 dated December 19, 2017 (unreviewed January 18, 2018). The
investigation was also terminated with respect to the '628 patent. ALJ
Order No. 30 dated March 27, 2018 (unreviewed April 27, 2018).
The evidentiary hearing on the question of violation of section 337
was held April 20-24, 2018. The ALJ issued a final ID on violation on
October 1, 2018. The ALJ found that a violation of section 337 has
occurred in this investigation with respect to the '530 and '309
patents, and no violation of section 337 has occurred with respect to
the '641 and '340 patent. The ALJ issued his recommended determination
on remedy, the public interest and bonding on October 18, 2018. The ALJ
recommended that if the Commission finds a violation of section 337 in
the present investigation, the Commission should: (1) Issue an LEO
covering products that infringe the patent claims as to which a
violation of section 337 has been found; (2) issue a CDO; and (3)
require no bond during the period of Presidential review.
Both parties to the investigation filed timely petitions for review
of various portions of the final ID, as well as timely responses to the
petitions. The parties also timely filed their respective public
interest statements pursuant to 19 CFR 210.50(a)(4). Responses from
public were likewise received by the Commission pursuant to notice. 83
FR 53296-97 (Oct. 22, 2018).
On April 17, 2019, the Commission issued a notice in which it
determined to review-in-part the final ID. See 84 FR 16882-84 (Apr. 23,
2019). In its notice, the Commission determined not to review any
issues relating to the '340, '641, and '530 patents and reversed the
finding of no invalidity as to claim 36 of the '309 patent. See 84 FR
16882-84 (Apr. 23, 2019). The Commission requested written submissions
on remedy, the public interest, and bonding. Id. at 1683. On May 8,
2019, Wirtgen and Caterpillar filed their opening briefs in response to
the notice, and on May 15--their responsive briefs. No other
submissions were received by the Commission.
Having examined the record in this investigation, including the
parties' submissions on remedy, the public
[[Page 35691]]
interest, and bonding filed in response to the Commission Notice, the
Commission has determined that the appropriate form of relief in this
investigation is: (1) An LEO prohibiting the unlicensed entry of
infringing road-milling machines and components thereof covered by one
or more of claim 29 of the '309 patent or claims 2, 5, 16, or 23 of the
'530 patent that are manufactured abroad for or on behalf of, or
imported by or on behalf of, any of the Respondents or any of their
affiliated companies, parents, subsidiaries, or other related business
entities, or their successors or assigns; and (2) a CDO directed
against Caterpillar Paving Products, Inc. and Caterpillar Inc., and
their affiliated companies, parents, subsidiaries, or other related
business entities, or their successors or assigns.
The Commission has further determined that the public interest
factors enumerated in subsections (d)(l) and (f)(1) (19 U.S.C.
1337(d)(l), (f)(1)) do not preclude issuance of the above-referenced
remedial orders. Additionally, the Commission has determined to impose
a bond of fourteen (14) percent of entered value of the covered
products during the period of Presidential review (19 U.S.C. 1337(j)).
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: July 18, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-15689 Filed 7-23-19; 8:45 am]
BILLING CODE 7020-02-P
