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]
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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.
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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:
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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:
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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
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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
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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 https://
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
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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 https://
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 https://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 https://
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).
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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]
-----------------------------------------------------------------------
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.
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\2\ All contract personnel will sign appropriate nondisclosure
agreements.
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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