Certain Argon Plasma Coagulation System Probes, Their Components, and Other Argon Plasm Coagulation System Components for Use Therewith; Institution of Investigation, 60451-60452 [2019-24371]
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Federal Register / Vol. 84, No. 217 / Friday, November 8, 2019 / Notices
human remains comprise the nearly
complete skeleton of a 45 year-old
female and a partial skeleton of an
unknown individual. The two
associated funerary objects are shell
beads.
Based on the geographic location of
the site within this tribe’s historically
documented territory, these human
remains have been determined to be
culturally affiliated with The Tribes.
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1182]
Certain Argon Plasma Coagulation
System Probes, Their Components,
and Other Argon Plasm Coagulation
System Components for Use
Therewith; Institution of Investigation
Determinations Made by the
Department of Anthropology, San Jose
State University
Officials of the Department of
Anthropology, San Jose State University
have determined that:
• Pursuant to 25 U.S.C. 3001(9), the
human remains described in this notice
represent the physical remains of two
individuals of Native American
ancestry.
• Pursuant to 25 U.S.C. 3001(3)(A),
the two objects described in this notice
are reasonably believed to have been
placed with or near individual human
remains at the time of death or later as
part of the death rite or ceremony.
• Pursuant to 25 U.S.C. 3001(2), there
is a relationship of shared group
identity that can be reasonably traced
between the Native American human
remains and The Tribes.
khammond on DSKJM1Z7X2PROD with NOTICES
Additional Requestors and Disposition
Lineal descendants or representatives
of any Indian Tribe or Native Hawaiian
organization not identified in this notice
that wish to request transfer of control
of these human remains and associated
funerary objects should submit a written
request with information in support of
the request to Charlotte Sunseri
(NAGPRA Coordinator), Department of
Anthropology, San Jose State
University, Clark Hall 469, 1
Washington Square, San Jose, CA
95192–0113, telephone (408) 924–5710,
email charlotte.sunseri@sjsu.edu, by
December 9, 2019. After that date, if no
additional requestors have come
forward, transfer of control of the
human remains and associated funerary
objects to The Tribes may proceed.
The Department of Anthropology, San
Jose State University is responsible for
notifying The Tribes that this notice has
been published.
Dated: October 4, 2019.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2019–24394 Filed 11–7–19; 8:45 am]
BILLING CODE 4312–52–P
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U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
October 7, 2019, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Erbe Elektromedizin GmbH of
the Republic of Germany and Erbe USA,
Inc. of Marietta, Georgia. The complaint
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain argon plasma
coagulation system probes, their
components, and other argon plasma
coagulation system components for use
therewith by reason of infringement of
certain claims of U.S. Patent No.
7,311,707 (‘‘the ’707 patent’’); U.S.
Patent No. 7,717,911 (‘‘the ’911 patent’’);
U.S. Patent No. 9,510,889 (‘‘the ’889
patent’’); U.S. Patent No. 9,603,653 (‘‘the
’653 patent’’); and U.S. Patent No.
D577,671 (‘‘the ’671 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street SW, Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov. The public
SUMMARY:
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60451
record for this investigation may be
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia Proctor, Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
November 4, 2019, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims 1
and 5–8 of the ’707 patent; claims 1, 3–
6, and 9 of the ’911 patent; claims 1–10,
14, 16–22, and 24–27 of the ’889 patent;
claims 1–3, 5, 6, 8–10, 13, 14, and 16 of
the ’653 patent; and the claim of the
’671 patent; and whether an industry in
the United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘argon plasma
coagulation (‘‘APC’’) probes for use in
endoscopic procedures, their
components, and other APC system
components for use with those probes’’;
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainants are:
Erbe Elektromedizin GmbH,
Waldho¨rnlestrasse 17, 72072
Tu¨bingen, Republic of Germany
Erbe USA, Inc., 2225 Northwest
Parkway, Marietta, GA 30067
(b) The respondents are the following
entities alleged to be in violation of
section 337, and is/are the parties upon
which the complaint is to be served:
Olympus Corporation, Shinjuku
Monolith, 3–1 Nishi-Shinjuku 2-
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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:
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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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]]>Agencies
[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60451-60452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24371]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1182]
Certain Argon Plasma Coagulation System Probes, Their Components,
and Other Argon Plasm Coagulation System Components for Use Therewith;
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 7, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of Erbe
Elektromedizin GmbH of the Republic of Germany and Erbe USA, Inc. of
Marietta, Georgia. The complaint alleges violations of section 337
based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain argon plasma coagulation system probes, their components, and
other argon plasma coagulation system components for use therewith by
reason of infringement of certain claims of U.S. Patent No. 7,311,707
(``the '707 patent''); U.S. Patent No. 7,717,911 (``the '911 patent'');
U.S. Patent No. 9,510,889 (``the '889 patent''); U.S. Patent No.
9,603,653 (``the '653 patent''); and U.S. Patent No. D577,671 (``the
'671 patent''). The complaint further alleges that an industry in the
United States exists as required by the applicable Federal Statute.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW, Room 112, Washington,
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 4, 2019, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1 and 5-8 of the '707 patent; claims 1, 3-6, and 9 of the '911
patent; claims 1-10, 14, 16-22, and 24-27 of the '889 patent; claims 1-
3, 5, 6, 8-10, 13, 14, and 16 of the '653 patent; and the claim of the
'671 patent; and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``argon plasma
coagulation (``APC'') probes for use in endoscopic procedures, their
components, and other APC system components for use with those
probes'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
Erbe Elektromedizin GmbH, Waldh[ouml]rnlestrasse 17, 72072
T[uuml]bingen, Republic of Germany
Erbe USA, Inc., 2225 Northwest Parkway, Marietta, GA 30067
(b) The respondents are the following entities alleged to be in
violation of section 337, and is/are the parties upon which the
complaint is to be served:
Olympus Corporation, Shinjuku Monolith, 3-1 Nishi-Shinjuku 2-
[[Page 60452]]
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 [verbar] 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.
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
