Certain Beverage Dispensing Systems and Components Thereof; Commission Decision To Review a Final Initial Determination in Its Entirety; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding, 60452-60454 [2019-24369]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 60452 Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices chome, Shinjuku-ku, Tokyo 163– 0914, Japan Olympus Corporation of the Americas, 3500 Corporate Parkway, Center Valley, PA 18034–0610 Olympus America, Inc., 3500 Corporate Parkway, Center Valley, PA 18034– 0610 Olympus Surgical Technologies Europe, Kuehnstrasse 61, 22045 Hamburg, Republic of Germany Olympus Winter & lbe GmbH, Kuehnstrasse 61, 22045 Hamburg Republic of Germany Olympus KeyMed Group Limited, KeyMed House, Stock Road, Southend-on-Sea, ESSEX, SS2 5QH, United Kingdom KeyMed (Medical & Industrial Equipment) Ltd., KeyMed House, Stock Road, Southend-on-Sea, ESSEX, SS2 SQH, United Kingdom Olympus Bolton, 18 Queensbrook, BOLTON, BL1 4AY, United Kingdom Olympus Surgical Technologies Europe | Cardiff, Fortran Road, St. Mellons, CARDIFF, CF3 0LT, United Kingdom (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. 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 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. VerDate Sep<11>2014 16:45 Nov 07, 2019 Jkt 250001 By order of the Commission. Issued: November 4, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–24371 Filed 11–7–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1130] Certain Beverage Dispensing Systems and Components Thereof; Commission Decision To Review a Final Initial Determination in Its Entirety; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the Commission has determined to review the presiding administrative law judge’s (‘‘ALJ’s’’) final initial determination (‘‘ID’’ or ‘‘final ID’’) finding a violation of section 337 of the Tariff Act of 1930, as amended, with respect to U.S. Patent No. 7,188,751 (‘‘the ’751 patent’’). The Commission requests briefing from the parties on certain issues under review, as set forth in this notice. The Commission also requests briefing from the parties, interested persons, and government agencies on the issues of remedy, the public interest, and bonding. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2532. The public version of the complaint can be accessed on the Commission’s electronic docket (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 (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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUMMARY: PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 The Commission instituted this investigation on September 5, 2018, based on a complaint filed by Heineken International B.V. and Heineken Supply Chain B.V., both of Amsterdam, The Netherlands; and Heineken USA Inc. of White Plains, New York (collectively, ‘‘Heineken’’). 83 FR 45141, 45141–42 (Sept. 5, 2019). The complaint alleges a violation of 19 U.S.C. 1337 in the importation into the United States, sale for importation, or sale in the United States after importation of certain beverage dispensing systems and components thereof that allegedly infringe claims 1–11 of the ’751 patent. Id. The notice of investigation names as respondents Anheuser-Busch InBev SA, and InBev Belgium NV, both of Leuven, Belgium; and Anheuser-Busch, LLC of St. Louis, Missouri (collectively, ‘‘ABI’’). Id. The Office of Unfair Import Investigations was not named as a party to this investigation. Id. On February 6, 2019, the ALJ granted Heineken’s motion to partially terminate the investigation as to claims 2, 4–6, 8– 9, and 11 of the ’751 patent. Order No. 6 (Feb. 6, 2019), not reviewed, Notice (Mar. 7, 2019). Remaining within the investigation are claims 1, 3, 7, and 10 of the ’751 patent. On March 26, 2019, the ALJ issued Order No. 14, the Markman Order, construing certain claim terms. The ALJ conducted the evidentiary hearing from April 16–18 and 23, 2019. On September 5, 2019, the ALJ issued the subject final ID, finding claims 1, 3, 7, and 10 infringed and not invalid, and thereby finding a violation of section 337. On September 19, 2019, the ALJ issued a Recommended Determination on Remedy and Bond (‘‘RD’’). The RD recommends that should the Commission find a violation of section 337, that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond rate during the period of Presidential review in the amount of 5% of the entered value of infringing articles. On September 18, 2019, ABI filed a petition for Commission review of the ID. That same day, Heineken filed a contingent petition for review. On September 26, 2019, the parties responded to each other’s petitions. Having reviewed the record of the investigation, including Order No. 14, the final ID, and the parties’ submissions to the ALJ and to the Commission, the Commission has determined to review the ID in its entirety. In connection with its review, the Commission requests responses to the following questions. The parties are SUPPLEMENTARY INFORMATION: E:\FR\FM\08NON1.SGM 08NON1 Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES requested to brief their positions with reference to the applicable law and the existing evidentiary record.1 (1) If the Commission were to find that the ‘‘operating element’’ limitation of claims 1 and 7 should be construed as a means-plus-function claim limitation, and if the Commission were to adopt Heineken’s recited function and corresponding structure as set forth on pages 12–13 of Claim Chart No. 1 in Order No. 14: Whether the accused products and domestic industry products practice that limitation. The parties are not to provide further briefing as to the propriety of such a construction, or to advocate alternative claim constructions. The existing record is adequate as to the parties’ positions on these issues. (2) Whether, for purposes of contributory infringement under 35 U.S.C. 271(c), the accused NOVA couplers or the NOVA appliances are especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use. (3) Whether claims 1 and 7 of the ’751 patent are obvious in view of Figures 17–20 and the associated written description in Jeans (RX–658) (see ABI Pet. for Comm’n Rev. at 50–54) when combined with Timmermans (RX–838), van der Meer (RX–837) or Grill (RX– 312). (4) Whether Heineken demonstrated significant investment in plant and equipment or significant employment of labor or capital, see 19 U.S.C. 1337(a)(3)(A), (B), in an appropriate context, in view of Federal Circuit and Commission precedent concerning such context (including but not limited to Certain Carburetors and Products Containing Such Carburetors, Inv. No. 337–1123, Comm’n Op. (Oct. 28, 2019) (public version)). For any context you argue is appropriate, please address the evidence in the record that permits an analysis within that context. In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue a cease 1 In reviewing the ID, and in seeking briefing on these issues, the Commission has not determined to excuse any party’s noncompliance with Commission rules and the ALJ’s procedural requirements, including requirements to present issues in pre-hearing and post-hearing submissions. See, e.g., Order No. 3 (Sept. 11, 2018) (ground rules). The Commission may, for example, decline to disturb certain findings in the final ID upon finding that issue was not presented in a timely manner to the ALJ. VerDate Sep<11>2014 16:45 Nov 07, 2019 Jkt 250001 and desist order that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843, Comm’n Op. at 7–10 (Dec. 1994). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist order would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The parties to the investigation are requested to file written submissions limited to the enumerated questions above. The parties’ opening submissions should not exceed 50 pages, and their reply submissions should not exceed 40 pages. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 60453 determination by the ALJ on remedy and bonding. Complainants are requested to submit proposed remedial orders for the Commission’s consideration. Complainants are also requested to state the date that the asserted patents expire and the HTSUS numbers under which the accused products are imported, and provide identification information for all known importers of the subject articles. Initial written submissions and proposed remedial orders must be filed no later than close of business on Monday, November 18, 2019. Reply submissions must be filed no later than the close of business on Tuesday, November 26, 2019. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. 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 section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (Inv. No. 337–TA– 1130) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.pdf). Persons with questions regarding filing should contact the Secretary at (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 E:\FR\FM\08NON1.SGM 08NON1 60454 Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices 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. 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: November 4, 2019. Lisa Barton, Secretary to the Commission. Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2019–24437 Filed 11–7–19; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2010–0020] DEPARTMENT OF JUSTICE Additional Requirements for Special Dipping and Coating Operations (Dip Tanks); Extension of the Office of Management and Budget’s (OMB) Approval of the Information Collection (Paperwork) Requirement Antitrust Division AGENCY: [FR Doc. 2019–24369 Filed 11–7–19; 8:45 am] BILLING CODE 7020–02–P Notice Pursuant to the National Cooperative Research and Production Act of 1993—Cooperative Research Group on Numerical Propulsion System Simulation khammond on DSKJM1Z7X2PROD with NOTICES Register pursuant to Section 6(b) of the Act on March 9, 2016 (81 FR 12528). Notice is hereby given that, on September 11, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Southwest Research Institute —Cooperative Research Group on Numerical Propulsion System Simulation (‘‘NPSS’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Honda R&D Co., Ltd., Saitama, JAPAN, has been added as a party to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and NPSS intends to file additional written notifications disclosing all changes in membership. On December 11, 2013, NPSS filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on February 20, 2014 (79 FR 9767). The last notification was filed with the Department on January 27, 2016. A notice was published in the Federal 2 All contract personnel will sign appropriate nondisclosure agreements. VerDate Sep<11>2014 16:45 Nov 07, 2019 Jkt 250001 Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comments. OSHA solicits public comments concerning the proposal to extend the Office of Management and Budget (OMB) approval of the information collection requirement specified in the Standard on Dipping and Coating Operations (Dip Tanks). DATES: Comments must be submitted (postmarked, sent, or received) by January 7, 2020. ADDRESSES: Electronically: You may submit comments and attachments electronically at http:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Facsimile: If your comments, including attachments, are not longer than 10 pages you may fax them to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger, or courier service: When using this method, you must submit a copy of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA–2010–0020, Occupational Safety and Health Administration, U.S. Department of Labor, Room N–3653, 200 Constitution Avenue NW, Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the OSHA Docket Office’s normal business hours, 10:00 a.m. to 3:00 p.m., ET. Instructions: All submissions must include the agency name and the OSHA docket number (OSHA–2010–0020) for the Information Collection Request (ICR). All comments, including any SUMMARY: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 personal information you provide, such as social security number and date of birth are placed in the public docket without change, and may be made available online at http:// www.regulations.gov. For further information on submitting comments, see the ‘‘Public Participation’’ heading in the section of this notice titled SUPPLEMENTARY INFORMATION. Docket: To read or download comments or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the above address. All documents in the docket (including this Federal Register notice) are listed in the http:// www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download from the website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney or Seleda Perryman at (202) 693–2222 to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Seleda Perryman, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, telephone: (202) 693–2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of a continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, the reporting burden (time and costs) is minimal, the collection instruments are clearly understood, and OSHA’s estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (see 29 U.S.C. 657). The OSH Act also requires OSHA to obtain such information with a minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of effort in obtaining said information (see 29 U.S.C. 657). E:\FR\FM\08NON1.SGM 08NON1

Agencies

[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60452-60454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24369]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1130]


Certain Beverage Dispensing Systems and Components Thereof; 
Commission Decision To Review a Final Initial Determination in Its 
Entirety; Schedule for Filing Written Submissions on the Issues Under 
Review and on Remedy, the Public Interest, and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the Commission has determined to 
review the presiding administrative law judge's (``ALJ's'') final 
initial determination (``ID'' or ``final ID'') finding a violation of 
section 337 of the Tariff Act of 1930, as amended, with respect to U.S. 
Patent No. 7,188,751 (``the '751 patent''). The Commission requests 
briefing from the parties on certain issues under review, as set forth 
in this notice. The Commission also requests briefing from the parties, 
interested persons, and government agencies on the issues of remedy, 
the public interest, and bonding.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436, telephone (202) 708-2532. The public version 
of the complaint can be accessed on the Commission's electronic docket 
(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 (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 September 5, 2018, based on a complaint filed by Heineken 
International B.V. and Heineken Supply Chain B.V., both of Amsterdam, 
The Netherlands; and Heineken USA Inc. of White Plains, New York 
(collectively, ``Heineken''). 83 FR 45141, 45141-42 (Sept. 5, 2019). 
The complaint alleges a violation of 19 U.S.C. 1337 in the importation 
into the United States, sale for importation, or sale in the United 
States after importation of certain beverage dispensing systems and 
components thereof that allegedly infringe claims 1-11 of the '751 
patent. Id. The notice of investigation names as respondents Anheuser-
Busch InBev SA, and InBev Belgium NV, both of Leuven, Belgium; and 
Anheuser-Busch, LLC of St. Louis, Missouri (collectively, ``ABI''). Id. 
The Office of Unfair Import Investigations was not named as a party to 
this investigation. Id.
    On February 6, 2019, the ALJ granted Heineken's motion to partially 
terminate the investigation as to claims 2, 4-6, 8-9, and 11 of the 
'751 patent. Order No. 6 (Feb. 6, 2019), not reviewed, Notice (Mar. 7, 
2019). Remaining within the investigation are claims 1, 3, 7, and 10 of 
the '751 patent. On March 26, 2019, the ALJ issued Order No. 14, the 
Markman Order, construing certain claim terms. The ALJ conducted the 
evidentiary hearing from April 16-18 and 23, 2019.
    On September 5, 2019, the ALJ issued the subject final ID, finding 
claims 1, 3, 7, and 10 infringed and not invalid, and thereby finding a 
violation of section 337. On September 19, 2019, the ALJ issued a 
Recommended Determination on Remedy and Bond (``RD''). The RD 
recommends that should the Commission find a violation of section 337, 
that the Commission issue a limited exclusion order, cease and desist 
orders, and impose a bond rate during the period of Presidential review 
in the amount of 5% of the entered value of infringing articles.
    On September 18, 2019, ABI filed a petition for Commission review 
of the ID. That same day, Heineken filed a contingent petition for 
review. On September 26, 2019, the parties responded to each other's 
petitions.
    Having reviewed the record of the investigation, including Order 
No. 14, the final ID, and the parties' submissions to the ALJ and to 
the Commission, the Commission has determined to review the ID in its 
entirety.
    In connection with its review, the Commission requests responses to 
the following questions. The parties are

[[Page 60453]]

requested to brief their positions with reference to the applicable law 
and the existing evidentiary record.\1\
---------------------------------------------------------------------------

    \1\ In reviewing the ID, and in seeking briefing on these 
issues, the Commission has not determined to excuse any party's 
noncompliance with Commission rules and the ALJ's procedural 
requirements, including requirements to present issues in pre-
hearing and post-hearing submissions. See, e.g., Order No. 3 (Sept. 
11, 2018) (ground rules). The Commission may, for example, decline 
to disturb certain findings in the final ID upon finding that issue 
was not presented in a timely manner to the ALJ.
---------------------------------------------------------------------------

    (1) If the Commission were to find that the ``operating element'' 
limitation of claims 1 and 7 should be construed as a means-plus-
function claim limitation, and if the Commission were to adopt 
Heineken's recited function and corresponding structure as set forth on 
pages 12-13 of Claim Chart No. 1 in Order No. 14:
    Whether the accused products and domestic industry products 
practice that limitation.
    The parties are not to provide further briefing as to the propriety 
of such a construction, or to advocate alternative claim constructions. 
The existing record is adequate as to the parties' positions on these 
issues.
    (2) Whether, for purposes of contributory infringement under 35 
U.S.C. 271(c), the accused NOVA couplers or the NOVA appliances are 
especially made or especially adapted for use in an infringement of 
such patent, and not a staple article or commodity of commerce suitable 
for substantial noninfringing use.
    (3) Whether claims 1 and 7 of the '751 patent are obvious in view 
of Figures 17-20 and the associated written description in Jeans (RX-
658) (see ABI Pet. for Comm'n Rev. at 50-54) when combined with 
Timmermans (RX-838), van der Meer (RX-837) or Grill (RX-312).
    (4) Whether Heineken demonstrated significant investment in plant 
and equipment or significant employment of labor or capital, see 19 
U.S.C. 1337(a)(3)(A), (B), in an appropriate context, in view of 
Federal Circuit and Commission precedent concerning such context 
(including but not limited to Certain Carburetors and Products 
Containing Such Carburetors, Inv. No. 337-1123, Comm'n Op. (Oct. 28, 
2019) (public version)). For any context you argue is appropriate, 
please address the evidence in the record that permits an analysis 
within that context.
    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue a cease and desist order that could result in the respondent 
being required to cease and desist from engaging in unfair acts in the 
importation and sale of such articles. Accordingly, the Commission is 
interested in receiving written submissions that address the form of 
remedy, if any, that should be ordered. If a party seeks exclusion of 
an article from entry into the United States for purposes other than 
entry for consumption, the party should so indicate and provide 
information establishing that activities involving other types of entry 
either are adversely affecting it or likely to do so. For background, 
see Certain Devices for Connecting Computers via Telephone Lines, Inv. 
No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (Dec. 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist order would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: The parties to the investigation are requested 
to file written submissions limited to the enumerated questions above. 
The parties' opening submissions should not exceed 50 pages, and their 
reply submissions should not exceed 40 pages. Parties to the 
investigation, interested government agencies, and any other interested 
parties are encouraged to file written submissions on the issues of 
remedy, the public interest, and bonding. Such submissions should 
address the recommended determination by the ALJ on remedy and bonding. 
Complainants are requested to submit proposed remedial orders for the 
Commission's consideration. Complainants are also requested to state 
the date that the asserted patents expire and the HTSUS numbers under 
which the accused products are imported, and provide identification 
information for all known importers of the subject articles. Initial 
written submissions and proposed remedial orders must be filed no later 
than close of business on Monday, November 18, 2019. Reply submissions 
must be filed no later than the close of business on Tuesday, November 
26, 2019. No further submissions on these issues will be permitted 
unless otherwise ordered by the Commission. 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 section 210.4(f) of 
the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). 
Submissions should refer to the investigation number (Inv. No. 337-TA-
1130) in a prominent place on the cover page and/or the first page. 
(See Handbook for Electronic Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions 
regarding filing should contact the Secretary at (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

[[Page 60454]]

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.
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    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: November 4, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-24369 Filed 11-7-19; 8:45 am]
BILLING CODE 7020-02-P