Certain Intraoral Scanners and Related Hardware and Software; Commission Determination To Vacate the Final Initial Determination Finding No Violation of Section 337 and To Terminate the Investigation in Its Entirety, 44333-44334 [2019-18183]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Notices 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov, and 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 United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Zimmer, Inc. and Zimmer US, Inc. on August 19, 2019. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain bone cements and bone cement accessories. The complaint names as respondents: Heraeus Medical GmbH of Germany and Heraeus Medical LLC of Yardley, PA. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested VerDate Sep<11>2014 16:40 Aug 22, 2019 Jkt 247001 remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3406’’) in a prominent place on the cover page and/ or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 44333 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 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: August 20, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–18244 Filed 8–22–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1090] Certain Intraoral Scanners and Related Hardware and Software; Commission Determination To Vacate the Final Initial Determination Finding No Violation of Section 337 and To Terminate 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 to vacate the presiding administrative law judge’s (‘‘ALJ’’) final initial determination (‘‘ID’’) issued on April 26, 2019, finding SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. E:\FR\FM\23AUN1.SGM 23AUN1 jbell on DSK3GLQ082PROD with NOTICES 44334 Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Notices no violation of section 337 in the abovereferenced investigation, and to terminate the investigation in its entirety. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. 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 December 19, 2017, based on a complaint filed on behalf of Align Technology, Inc. (‘‘Align’’) of San Jose, California. 82 FR 60215 (Dec. 19, 2017). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain intraoral scanners and related hardware and software by reason of infringement of one or more claims of U.S. Patent Nos.: 9,615,901 (‘‘the ’901 patent’’); 8,638,448 (‘‘the ’448 patent’’); 8,638,447 (‘‘the ’447 patent’’); 6,845,175 (‘‘the ’175 patent’’); and 6,334,853 (‘‘the ’853 patent’’). Id. The complaint further alleges that a domestic industry exists. The Commission’s notice of investigation named as respondents 3Shape A/S of Copenhagen K, Denmark and 3Shape, Inc., of Warren, New Jersey. The notice of investigation was amended to add 3Shape Trios A/S of Copenhagen K, Denmark as a respondent. 83 FR 13782 (Mar. 30, 2018). The Office of Unfair Import Investigations is not participating in the investigation. The investigation was terminated as to the ’853 and ’175 patents and certain claims of the ’447, ’448, and ’901 patents based on the withdrawal of Align’s allegations. See ID at 1–2. On April 26, 2019, the ALJ issued the final ID, finding no violation of section VerDate Sep<11>2014 16:40 Aug 22, 2019 Jkt 247001 337 with respect to the ’901, ’448, and ’447 patents. That same day, the ALJ issued her Recommended Determination on Remedy and Bonding. On May 13, 2019, Align filed a petition for review of the final ID, and Respondents filed a joint contingent petition for review of the final ID. The parties filed responses to the petitions on May 21, 2019. On July 19, 2019, the Commission determined to review the final ID in its entirety. Having considered the record of the investigation, including the parties’ submissions to the Commission, the Commission decides as follows. The Commission ‘‘can issue only an exclusion order barring future importation or a cease and desist order barring future conduct,’’ neither of which can issue as to an expired patent. Texas Instruments Inc. v. U.S. Int’l Trade Comm’n, 851 F.2d 342, 344 (Fed. Cir. 1988). The ’448 and ’447 patents expired on August 5, 2019, which terminated the Commission’s jurisdiction as to these patents and rendered the Commission’s investigation with respect to these patents moot. See id.; 19 U.S.C. 1337(a)(1)(B)(i). The ’901 patent will expire on August 30, 2019, four days after the target date for completion of the investigation. Given the imminent expiration of the ’901 patent, the ID’s finding of no violation with respect to the ’901 patent based on multiple grounds, and the schedule for Commission review established by the Commission’s Rules of Practice and Procedure, the Commission finds that Align cannot obtain effective relief as to the ’901 patent prior to its expiration. Even if the Commission were to reverse the ID in this investigation and find a violation with respect to the ’901 patent, the Commission finds that it cannot grant relief as to the ’901 patent before the patent expires given its long-standing procedures for determining the appropriate remedy and bonding, and for considering the public interest. Moreover, any exclusion order with respect to the ’901 patent would likely not protect complainant from any injury until after the patent expires given that the ALJ recommended that no bond be imposed during the 60-day Presidential review period. The Commission has therefore determined on review to vacate the final ID as moot, including the ID’s finding of no violation of section 337 with respect to the asserted patents. The investigation is terminated in its entirety. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 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 210). By order of the Commission. Issued: August 20, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–18183 Filed 8–22–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1415 (Final)] Glycine From Thailand; Scheduling of the Final Phase of Anti-Dumping Duty Investigation United States International Trade Commission. ACTION: Notice. AGENCY: DATES: Effective Date: August 16, 2019. FOR FURTHER INFORMATION CONTACT: Celia Feldpausch 202–205–2387, Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter 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 (https:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Effective October 31, 2018, the Commission established a general schedule for the conduct of the final phase of its investigations on glycine from China, India, Japan, and Thailand.1 Due to the lapse in appropriations and ensuring cessation of Commission operations, the Commission revised its schedule on February 6, 2019, to conduct the final phase of its investigations on glycine from China, India, Japan, and Thailand 2 following preliminary determinations by the U.S. Department of Commerce 1 Glycine From China, India, Japan, and Thailand; Scheduling of the Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations (83 FR 62345, December 3, 2018). 2 Glycine From China, India, Japan, and Thailand; Revised Schedule for Final Phase of Investigations (84 FR 3486, February 6, 2019). E:\FR\FM\23AUN1.SGM 23AUN1

Agencies

[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Notices]
[Pages 44333-44334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18183]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1090]


Certain Intraoral Scanners and Related Hardware and Software; 
Commission Determination To Vacate the Final Initial Determination 
Finding No Violation of Section 337 and To Terminate the Investigation 
in Its Entirety

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to vacate the presiding administrative law 
judge's (``ALJ'') final initial determination (``ID'') issued on April 
26, 2019, finding

[[Page 44334]]

no violation of section 337 in the above-referenced investigation, and 
to terminate the investigation in its entirety.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 December 19, 2017, based on a complaint filed on behalf of Align 
Technology, Inc. (``Align'') of San Jose, California. 82 FR 60215 (Dec. 
19, 2017). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), in 
the importation into the United States, the sale for importation, or 
the sale within the United States after importation of certain 
intraoral scanners and related hardware and software by reason of 
infringement of one or more claims of U.S. Patent Nos.: 9,615,901 
(``the '901 patent''); 8,638,448 (``the '448 patent''); 8,638,447 
(``the '447 patent''); 6,845,175 (``the '175 patent''); and 6,334,853 
(``the '853 patent''). Id. The complaint further alleges that a 
domestic industry exists. The Commission's notice of investigation 
named as respondents 3Shape A/S of Copenhagen K, Denmark and 3Shape, 
Inc., of Warren, New Jersey. The notice of investigation was amended to 
add 3Shape Trios A/S of Copenhagen K, Denmark as a respondent. 83 FR 
13782 (Mar. 30, 2018). The Office of Unfair Import Investigations is 
not participating in the investigation. The investigation was 
terminated as to the '853 and '175 patents and certain claims of the 
'447, '448, and '901 patents based on the withdrawal of Align's 
allegations. See ID at 1-2.
    On April 26, 2019, the ALJ issued the final ID, finding no 
violation of section 337 with respect to the '901, '448, and '447 
patents. That same day, the ALJ issued her Recommended Determination on 
Remedy and Bonding. On May 13, 2019, Align filed a petition for review 
of the final ID, and Respondents filed a joint contingent petition for 
review of the final ID. The parties filed responses to the petitions on 
May 21, 2019.
    On July 19, 2019, the Commission determined to review the final ID 
in its entirety.
    Having considered the record of the investigation, including the 
parties' submissions to the Commission, the Commission decides as 
follows. The Commission ``can issue only an exclusion order barring 
future importation or a cease and desist order barring future 
conduct,'' neither of which can issue as to an expired patent. Texas 
Instruments Inc. v. U.S. Int'l Trade Comm'n, 851 F.2d 342, 344 (Fed. 
Cir. 1988).
    The '448 and '447 patents expired on August 5, 2019, which 
terminated the Commission's jurisdiction as to these patents and 
rendered the Commission's investigation with respect to these patents 
moot. See id.; 19 U.S.C. 1337(a)(1)(B)(i).
    The '901 patent will expire on August 30, 2019, four days after the 
target date for completion of the investigation. Given the imminent 
expiration of the '901 patent, the ID's finding of no violation with 
respect to the '901 patent based on multiple grounds, and the schedule 
for Commission review established by the Commission's Rules of Practice 
and Procedure, the Commission finds that Align cannot obtain effective 
relief as to the '901 patent prior to its expiration. Even if the 
Commission were to reverse the ID in this investigation and find a 
violation with respect to the '901 patent, the Commission finds that it 
cannot grant relief as to the '901 patent before the patent expires 
given its long-standing procedures for determining the appropriate 
remedy and bonding, and for considering the public interest. Moreover, 
any exclusion order with respect to the '901 patent would likely not 
protect complainant from any injury until after the patent expires 
given that the ALJ recommended that no bond be imposed during the 60-
day Presidential review period.
    The Commission has therefore determined on review to vacate the 
final ID as moot, including the ID's finding of no violation of section 
337 with respect to the asserted patents. The investigation is 
terminated in its entirety.
    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 
210).

    By order of the Commission.

    Issued: August 20, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-18183 Filed 8-22-19; 8:45 am]
 BILLING CODE 7020-02-P