Certain Color Intraoral Scanners and Related Hardware and Software; Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation, 65839-65840 [2019-25849]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices Bureau of Safety and Environmental Enforcement; Regulations and Standards Branch; ATTN: Nicole Mason; 45600 Woodland Road, Sterling, VA 20166; or by email to kye.mason@bsee.gov. Please reference OMB Control Number 1014– 0001 in the subject line of your comments. FOR FURTHER INFORMATION CONTACT: To request additional information about this ICR, contact Nicole Mason by email at kye.mason@bsee.gov, or by telephone at (703) 787–1607. You may also view the ICR at http://www.reginfo.gov/ public/do/PRAMain. SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. A Federal Register notice with a 60day public comment period soliciting comments on this collection of information was published on July 23, 2019 (84 FR 35417). No comments were received. We are again soliciting comments on the proposed ICR that is described below. We are especially interested in public comments addressing the following issues: (1) Is the collection necessary to the proper functions of BSEE; (2) Will this information be processed and used in a timely manner; (3) Is the estimate of burden accurate; (4) How might BSEE enhance the quality, utility, and clarity of the information to be collected; and (5) How might BSEE minimize the burden of this collection on the respondents, including through the use of information technology. Comments that you submit in response to this notice are a matter of public record. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Abstract: The regulations at 30 CFR part 250, subpart F, concern the Oil and VerDate Sep<11>2014 16:49 Nov 27, 2019 Jkt 250001 Gas Well-Workover Operations regulatory requirements of oil, gas, and sulphur operations in the Outer Continental Shelf (OCS) and are the subject of this collection. This request also covers any related Notices to Lessees and Operators (NTLs) that BSEE issues to clarify, supplement, or provide additional guidance on some aspects of our regulations. The BSEE uses the information collected under the Subpart F regulations to ensure that operations on the OCS are carried out in a safe and pollution-free manner, do not interfere with the rights of other users on the OCS, and balance the protection and development of OCS resources. Specifically, we use the information collected to: • Review log entries of crew meetings to verify that safety procedures have been properly reviewed. • review well-workover procedures relating to hydrogen sulfide (H2S) to ensure the safety of the crew in the event of encountering H2S. • review well-workover diagrams and procedures to ensure the safety of wellworkover operations. • verify that the crown block safety device is operating and can be expected to function and avoid accidents. • verify that the Blowout Preventer Equipment (BOPE) is in compliance with the latest Well Control Rule (WCR) and API Standard 53. • assure that the well-workover operations are conducted on well casing that is structurally competent. Title of Collection: 30 CFR part 250, subpart F, Oil and Gas and Sulfur Operations in the OCS—Oil and Gas Well-Workover Operations. OMB Control Number: 1014–0001. Form Number: None. Type of Review: Extension of a currently approved collection. Respondents/Affected Public: Potential respondents are comprised of Federal OCS oil, gas, and sulfur lessees/ operators and holders of pipeline rightsof-way. Total Estimated Number of Annual Respondents: Not all potential respondents will submit information in any given year and some may submit multiple times. Total Estimated Number of Annual Responses: 1,933. Estimated Completion Time per Response: Varies from 1 hour to 6.5 hours, depending on activity. Total Estimated Number of Annual Burden Hours: 5,284. Respondent’s Obligation: Most responses are mandatory, while others are required to obtain or retain benefits. Frequency of Collection: On occasion. PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 65839 Total Estimated Annual Nonhour Burden Cost: None. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq). Amy White, Acting Chief, Regulations and Standards Branch. [FR Doc. 2019–25913 Filed 11–27–19; 8:45 am] BILLING CODE 4310–VH–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1091] Certain Color Intraoral Scanners and Related Hardware and Software; Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to affirm, with modified reasoning, the final initial determination’s (‘‘ID’’) finding of no violation of section 337 has occurred. FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2737. 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 the underlying investigation on December 20, 2017, based on a complaint filed on behalf of Align Technology, Inc. of San Jose, SUMMARY: E:\FR\FM\29NON1.SGM 29NON1 khammond on DSKJM1Z7X2PROD with NOTICES 65840 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices California (‘‘Align’’). 82 FR (Dec. 20, 2017). The complaint alleged 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 color intraoral scanners and related hardware and software by reason of infringement of certain claims of U.S. Patent Nos. 8,363,228 (‘‘the ’228 patent’’); 8,451,456 (‘‘the ’456 patent’’); 8,675,207 (‘‘the ’207 patent’’); 9,101,433 (‘‘the ’433 patent’’); 948,931(‘‘the ’931 patent’’); and 6,685,470 (‘‘the ’470 patent’’). See id. The complaint named 3Shape A/S and 3Shape Inc. as the respondents. On March 15, 2018, the ALJ granted Align’s unopposed motion to amend the complaint and notice of investigation to add as an additional respondent in this investigation 3Shape Trios A/S of Copenhagen, Denmark (respondents are collectively referred to as ‘‘3Shape’’). See 83 FR 13781–82 (March 30, 2018), unreviewed, Notice (March 27, 2018). The Office of Unfair Import Investigations did not participate in the investigation. On March 1, 2019, the ALJ issued his final ID finding that no violation of section 337 has occurred. On March 18, 2019, Align filed a petition for review and 3Shape filed a contingent petition for review of the ID. On March 26, 2019, all of the parties filed responses to the respective petitions for review. On July 18, 2019, the Commission determined to review the final ID in part. Specifically, the Commission determined to review the ID’s findings on the following issues: (1) Importation; (2) the construction of ‘‘processor’’; (3) the construction of ‘‘confocal imaging techniques’’; (4) all findings concerning infringement; (5) all findings concerning invalidity; (6) all findings concerning whether Align’s products practice one or more claims of the asserted patents; and (7) all findings concerning whether Align’s financial investments and activities relating to Align’s products meet the domestic industry requirement. The Commission requested briefing on some of the issues under review, and requested submissions from the parties, government agencies and the public on remedy, bonding, and the public interest. 84 FR 35688 (July 25, 2019). On July 30, 2019, Align and 3Shape filed their written responses to the Commission’s request for briefing. On August 6, 2019, Align and 3Shape filed their reply submissions. The Commission has examined the record of this investigation, including the ALJ’s final ID, the petitions for review, and the responses thereto, and filings in response to the Commission’s request for briefing. The Commission VerDate Sep<11>2014 16:49 Nov 27, 2019 Jkt 250001 affirms in part, with modified reasoning as discussed in the accompanying opinion, the ID’s finding of no violation of section 337. Specifically, the Commission determines: (1) Claim 1 of each of the ’228, ’456, and ’207 patents is infringed; (2) claim 26 of the ’228 patent is infringed; (4) claim 15 of the ’456 patent is not infringed; (5) claim 12 of the ’433 is not infringed; (6) the asserted claims of the ’228 and ’456 patents are invalid for failing to meet the written description requirement; (7) the ’228, ’456, and ’433 patents are not invalid as anticipated or obvious; (8) the asserted claim of the ’207 patent is invalid as obvious; (9) Align’s products do not practice the ’228, ’456, and ’207 patents; (10) Align’s products practice claim 12 of the ’433 patent; (11) the importation requirement is met for 3Shape Trios A/S; (12) to take no position on whether 3Shape A/S and 3Shape Inc. have met the importation requirement; (13) to take no position on whether claim 4 of the ’228 patent is infringed; (14) to take no position on secondary considerations for the ’228, ’456, and ’433 patents; and (15) to take no position on whether Align’s investments and activities relating to Align’s products meet the domestic industry requirement. The Commission also affirms, without modification, the ID’s finding of no violation for the ’931 and ’470 patents. The investigation is terminated. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: November 22, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–25849 Filed 11–27–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1186] Certain Balanced Armature Devices, Products Containing Same, and Components Thereof; Institution of Investigation 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 SUMMARY: PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 August 29, 2019, under section 337 of the Tariff Act of 1930, as amended, on behalf of Knowles Corporation of Itasca, Illinois; Knowles Electronics, LLC of Itasca, Illinois; and Knowles Electronics (Suzhou) Co., Ltd. of China. Supplements to the complaint were filed on September 18 and November 5, 2019. The complaint alleges violations of section 337 based upon the importation into the United States, and in the sale of certain balanced armature devices, products containing same, and components thereof by reason of misappropriation of trade secrets, the threat or effect of which is to destroy or substantially injure a domestic industry. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order or, in the alternative, limited exclusion orders, 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 M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. SUPPLEMENTARY INFORMATION: 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 (2018). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 22, 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)(A) of E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65839-65840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25849]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1091]


Certain Color Intraoral Scanners and Related Hardware and 
Software; Notice of a Commission Determination Finding No Violation of 
Section 337; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to affirm, with modified reasoning, the final 
initial determination's (``ID'') finding of no violation of section 337 
has occurred.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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 the underlying 
investigation on December 20, 2017, based on a complaint filed on 
behalf of Align Technology, Inc. of San Jose,

[[Page 65840]]

California (``Align''). 82 FR (Dec. 20, 2017). The complaint alleged 
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 color intraoral scanners and related 
hardware and software by reason of infringement of certain claims of 
U.S. Patent Nos. 8,363,228 (``the '228 patent''); 8,451,456 (``the '456 
patent''); 8,675,207 (``the '207 patent''); 9,101,433 (``the '433 
patent''); 948,931(``the '931 patent''); and 6,685,470 (``the '470 
patent''). See id. The complaint named 3Shape A/S and 3Shape Inc. as 
the respondents. On March 15, 2018, the ALJ granted Align's unopposed 
motion to amend the complaint and notice of investigation to add as an 
additional respondent in this investigation 3Shape Trios A/S of 
Copenhagen, Denmark (respondents are collectively referred to as 
``3Shape''). See 83 FR 13781-82 (March 30, 2018), unreviewed, Notice 
(March 27, 2018). The Office of Unfair Import Investigations did not 
participate in the investigation.
    On March 1, 2019, the ALJ issued his final ID finding that no 
violation of section 337 has occurred. On March 18, 2019, Align filed a 
petition for review and 3Shape filed a contingent petition for review 
of the ID. On March 26, 2019, all of the parties filed responses to the 
respective petitions for review.
    On July 18, 2019, the Commission determined to review the final ID 
in part. Specifically, the Commission determined to review the ID's 
findings on the following issues: (1) Importation; (2) the construction 
of ``processor''; (3) the construction of ``confocal imaging 
techniques''; (4) all findings concerning infringement; (5) all 
findings concerning invalidity; (6) all findings concerning whether 
Align's products practice one or more claims of the asserted patents; 
and (7) all findings concerning whether Align's financial investments 
and activities relating to Align's products meet the domestic industry 
requirement. The Commission requested briefing on some of the issues 
under review, and requested submissions from the parties, government 
agencies and the public on remedy, bonding, and the public interest. 84 
FR 35688 (July 25, 2019). On July 30, 2019, Align and 3Shape filed 
their written responses to the Commission's request for briefing. On 
August 6, 2019, Align and 3Shape filed their reply submissions.
    The Commission has examined the record of this investigation, 
including the ALJ's final ID, the petitions for review, and the 
responses thereto, and filings in response to the Commission's request 
for briefing. The Commission affirms in part, with modified reasoning 
as discussed in the accompanying opinion, the ID's finding of no 
violation of section 337. Specifically, the Commission determines: (1) 
Claim 1 of each of the '228, '456, and '207 patents is infringed; (2) 
claim 26 of the '228 patent is infringed; (4) claim 15 of the '456 
patent is not infringed; (5) claim 12 of the '433 is not infringed; (6) 
the asserted claims of the '228 and '456 patents are invalid for 
failing to meet the written description requirement; (7) the '228, 
'456, and '433 patents are not invalid as anticipated or obvious; (8) 
the asserted claim of the '207 patent is invalid as obvious; (9) 
Align's products do not practice the '228, '456, and '207 patents; (10) 
Align's products practice claim 12 of the '433 patent; (11) the 
importation requirement is met for 3Shape Trios A/S; (12) to take no 
position on whether 3Shape A/S and 3Shape Inc. have met the importation 
requirement; (13) to take no position on whether claim 4 of the '228 
patent is infringed; (14) to take no position on secondary 
considerations for the '228, '456, and '433 patents; and (15) to take 
no position on whether Align's investments and activities relating to 
Align's products meet the domestic industry requirement. The Commission 
also affirms, without modification, the ID's finding of no violation 
for the '931 and '470 patents. The investigation is terminated.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: November 22, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-25849 Filed 11-27-19; 8:45 am]
 BILLING CODE 7020-02-P