Certain Dissolving Microneedle Patches for Cosmetic and Pharmaceutical Use; Institution of Investigation, 2439-2440 [2020-00509]
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Notices
and contract personnel (a) for
developing or maintaining the records
of these or related investigations or
reviews, or (b) in internal investigations,
audits, reviews, and evaluations relating
to the programs, personnel, and
operations of the Commission including
under 5 U.S.C. Appendix 3; or (ii) by
U.S. government employees and
contract personnel, solely for
cybersecurity purposes. All contract
personnel will sign appropriate
nondisclosure agreements.
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to section 207.12
of the Commission’s rules.
By order of the Commission.
Issued: January 9, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–00465 Filed 1–14–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1189]
Certain Dissolving Microneedle
Patches for Cosmetic and
Pharmaceutical Use; 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
November 21, 2019, under section 337
of the Tariff Act of 1930, as amended,
on behalf of TheraJect, Inc. of Fremont,
California. Supplements were filed on
November 27 and December 2, 2019. A
first amended complaint was filed on
December 10, 2019, and a second
amended complaint was filed on
December 19, 2019. The second
amended 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 dissolving microneedle patches
for cosmetic and pharmaceutical use by
reason of infringement of certain claims
of U.S. Patent No. 6,945,952 (‘‘the ’952
patent’’). The second amended
complaint further alleges that an
industry in the United States is in the
process of being established as required
by the applicable Federal Statute.
The second amended complaint
requests that the Commission institute
an investigation and, after the
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SUMMARY:
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investigation, issue a limited exclusion
order and a cease and desist order.
Addresses: The second amended
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:
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 second amended
complaint, the U.S. International Trade
Commission, on January 9, 2020,
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
1–13 of the ’952 patent; and whether an
industry in the United States is in the
process of being established 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 ‘‘dissolving
microneedle patch[es]’’;
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2439
(3) Pursuant to section 210.10(b)(3) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(3), the
presiding Administrative Law Judge
shall hold an early evidentiary hearing,
find facts, and issue an early decision,
within 100 days of institution except for
good cause shown, as to whether the
complainant has satisfied the economic
prong of the domestic industry
requirement. Notwithstanding any
Commission Rules to the contrary,
which are hereby waived, any such
decision should be issued in the form of
an initial determination (ID) under
Commission Rule 210.42(a)(3), 19 CFR
210.42(a)(3). The ID will become the
Commission’s final determination 30
days after the date of service of the ID
unless the Commission determines to
review the ID. Any such review will be
conducted in accordance with
Commission Rules 210.43, 210.44, and
210.45, 19 CFR 210.43, 210.44, and
210.45. The issuance of an early ID
finding that the complainant does not
satisfy the economic prong of the
domestic industry requirement shall
stay the investigation unless the
Commission orders otherwise; any other
decision shall not stay the investigation
or delay the issuance of a final ID
covering the other issues of the
investigation;
(4) 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 complainant is: TheraJect,
Inc., 39270 Paseo Padre #112, Fremont,
CA 94538.
(b) The respondent is the following
entity alleged to be in violation of
section 337, and is the party upon
which the second amended complaint is
to be served: Raphas Co., Ltd, (07793)
62, Magokjingang 8–ro–1–gil, Gangseogu, Seoul, Republic of Korea.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(5) 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 second amended
complaint and the notice of
investigation must be submitted by the
named respondent 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
E:\FR\FM\15JAN1.SGM
15JAN1
2440
Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Notices
second amended complaint and the
notice of investigation. Extensions of
time for submitting responses to the
second amended 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
second amended complaint and in this
notice may be deemed to constitute a
waiver of the right to appear and contest
the allegations of the second amended
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 second
amended 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: January 10, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–00509 Filed 1–14–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1190]
Certain Wearable Monitoring Devices,
Systems, 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
December 10, 2019, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Philips North America, LLC of
Andover, Massachusetts and
Koninklijke Philips N.V. of Eindhoven,
Netherlands. Supplements to the
complaint were filed on December 13
and 30, 2019. 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 wearable monitoring devices,
systems, and components thereof by
reason of infringement of certain claims
of U.S. Patent No. 7,845,228 (‘‘the ’228
patent’’); U.S. Patent No. 9,820,698 (‘‘the
’698 patent’’); U.S. Patent No. 9,717,464
(‘‘the ’464 patent’’); and U.S. Patent No.
9,961,186 (‘‘the ’186 patent’’). The
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SUMMARY:
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complaint further alleges that an
industry in the United States exists or
is in the process of being established 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 M. Proctor, The 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
January 9, 2020, 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
1–3 of the ’228 patent; claims 1 and 6
of the ’698 patent; claims 1 and 6 of the
’464 patent; and claims 1, 3–4, and 8 of
the ’186 patent; and whether an
industry in the United States exists or
is in the process of being established as
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Sfmt 4703
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 ‘‘wearable monitoring
devices, such as activity trackers and
fitness trackers, including health and
activity monitoring devices, that may be
worn on the wrist like a watch or
bracelet or attached to clothing’’;
(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:
Philips North America, LLC, 3000
Minuteman Road, Andover,
Massachusetts 01810
Koninklijke Philips N.V., High Tech
Campus 34, 5656 AE Eindhoven,
Netherlands
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Fitbit, Inc., 199 Fremont Street, 14th
Floor, San Francisco, CA 94105
Garmin International, Inc., 1200 E 151st
Street, Olathe, KS 66062
Garmin USA, Inc., 1200 E 151st Street,
Olathe, KS 66062
Garmin Ltd. d/b/a Garmin Switzerland
GmbH, Muhlentalstrasse 2,
Schaffhausen, 8200 Switzerland
Ingram Micro Inc., 3351 Michelson
Drive, Suite 100, Irvine, CA 92612
Maintek Computer (Suzhou) Co., Ltd.,
No. 233 Jinfeng Road, Suzhou New
District, Jiangsu Province, 215011
China
Inventec Appliances (Pudong), No. 789
Pu Xing Road, Jiangsu Province,
Shanghai 201114 China
(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
E:\FR\FM\15JAN1.SGM
15JAN1
]]>Agencies
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2439-2440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00509]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1189]
Certain Dissolving Microneedle Patches for Cosmetic and
Pharmaceutical Use; 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 November 21, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of TheraJect, Inc.
of Fremont, California. Supplements were filed on November 27 and
December 2, 2019. A first amended complaint was filed on December 10,
2019, and a second amended complaint was filed on December 19, 2019.
The second amended 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
dissolving microneedle patches for cosmetic and pharmaceutical use by
reason of infringement of certain claims of U.S. Patent No. 6,945,952
(``the '952 patent''). The second amended complaint further alleges
that an industry in the United States is in the process of being
established as required by the applicable Federal Statute.
The second amended complaint requests that the Commission institute
an investigation and, after the investigation, issue a limited
exclusion order and a cease and desist order. Addresses: The second
amended 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:
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 second amended
complaint, the U.S. International Trade Commission, on January 9, 2020,
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 1-13 of the '952 patent; and whether an industry in the United
States is in the process of being established 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 ``dissolving
microneedle patch[es]'';
(3) Pursuant to section 210.10(b)(3) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(3), the presiding
Administrative Law Judge shall hold an early evidentiary hearing, find
facts, and issue an early decision, within 100 days of institution
except for good cause shown, as to whether the complainant has
satisfied the economic prong of the domestic industry requirement.
Notwithstanding any Commission Rules to the contrary, which are hereby
waived, any such decision should be issued in the form of an initial
determination (ID) under Commission Rule 210.42(a)(3), 19 CFR
210.42(a)(3). The ID will become the Commission's final determination
30 days after the date of service of the ID unless the Commission
determines to review the ID. Any such review will be conducted in
accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR
210.43, 210.44, and 210.45. The issuance of an early ID finding that
the complainant does not satisfy the economic prong of the domestic
industry requirement shall stay the investigation unless the Commission
orders otherwise; any other decision shall not stay the investigation
or delay the issuance of a final ID covering the other issues of the
investigation;
(4) 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 complainant is: TheraJect, Inc., 39270 Paseo Padre #112,
Fremont, CA 94538.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the second
amended complaint is to be served: Raphas Co., Ltd, (07793) 62,
Magokjingang 8-ro-1-gil, Gangseo-gu, Seoul, Republic of Korea.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) 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 second amended complaint and the notice of
investigation must be submitted by the named respondent 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
[[Page 2440]]
second amended complaint and the notice of investigation. Extensions of
time for submitting responses to the second amended 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 second amended complaint and in this notice may be
deemed to constitute a waiver of the right to appear and contest the
allegations of the second amended 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 second amended 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: January 10, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-00509 Filed 1-14-20; 8:45 am]
BILLING CODE 7020-02-P
