Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same; Commission Determination Vacating the Final Determination Relating to United States Patent No. 5,904,172 and the Limited Exclusion Order Based Thereon; Termination of the Investigation, 5038-5039 [2020-01371]

Download as PDF 5038 Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Notices The Commission has determined that the appropriate remedy in this investigation is: (1) A GEO prohibiting the unlicensed importation of platforms that sit on an existing desk or work surface and can be adjusted to different heights that infringe one or more of claims 1–2, 4, and 10–11 of the ’703 patent; claims 11, 16, 18, and 22–26 of the ’809 patent; claims 1, 4–5, 11–12, 26, and 33–36 of the ’644 patent; and claims 20–21 and 40–50 of the ’793 patent; and (2) CDOs prohibiting respondents Albeit, ATC Supply, Amazon Import, JV Products, Vanson Distributing, Vanson Group, and Smugdesk from further importing, selling, and distributing infringing products in the United States. (Chairman Johanson and Commissioner Stayin dissent with respect to the Commission’s determination to issue CDOs in this investigation.) The Commission has also determined that the public interest factors enumerated in paragraphs 337(d)(1) and (f)(1), 19 U.S.C. 1337(d)(1) and (f)(1), do not preclude issuance of these remedial orders. Finally, the Commission has determined that the bond during the period of Presidential review pursuant to 19 U.S.C. 1337(j) shall be in the amount of 100 percent of the entered value of the imported articles. The Commission’s order was delivered to the President and to the United States Trade Representative on the day of its issuance. The investigation is hereby 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: January 22, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–01370 Filed 1–27–20; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 7020–02–P VerDate Sep<11>2014 17:02 Jan 27, 2020 Jkt 250001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–971 (Remand)] Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same; Commission Determination Vacating the Final Determination Relating to United States Patent No. 5,904,172 and the Limited Exclusion Order Based Thereon; 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 vacate the portion of its final determination relating to United States Patent No. 5,904,172 (‘‘the ’172 patent’’) and its limited exclusion order based thereon. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–3115. 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: On December 26, 2017, the United States Court of Appeals for the Federal Circuit issued an order holding that the appeal in Sizewise Rentals LLC v. International Trade Commission, Appeal No. 2017– 2334, had become moot during the pendency of the appeal and remanded the investigation to the Commission to determine whether to vacate the underlying final determination relating to the sole patent at issue on appeal, the ’172 patent. The Federal Circuit appeal at issue stemmed from Investigation No. 337– TA–971, Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same. This investigation was SUMMARY: PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 instituted based on a complaint filed on October 16, 2015 by Complainants Select Comfort Corporation and Select Comfort SC Corporation (collectively, ‘‘Complainants’’) that alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by Sizewise Rentals LLC, American National Manufacturing Inc., and Dires LLC (d/b/a Personal Comfort Bed) (collectively, ‘‘Respondents’’), based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain air mattress systems, components thereof, and methods of using the same that infringe certain claims of the ’172 patent and United States Patent No. 7,389,554 (‘‘the ’554 patent’’). See 80 FR 72738 (Nov. 20, 2015). On November 18, 2016, the presiding Administrative Law Judge issued a final initial determination (‘‘ID’’) finding no violation of section 337 with respect to either patent. The Commission determined to review the ID in part, and on review, the Commission found a violation of section 337 with regard to the ’172 patent and issued a limited exclusion order prohibiting the unlicensed entry of infringing air mattress systems, components thereof, and methods of using the same. Certain Air Mattress Systems, Components Thereof, and Methods of Using the Same, Inv. No. 337–TA–971, Comm’n Op. at 61–62 (May 17, 2018); 82 FR 8623 (Jan. 27, 2017); 82 FR 23593–5 (May 23, 2017). The Commission found no violation with regard to the ’554 patent. On July 19, 2017, Respondents filed an appeal to the Federal Circuit requesting review of the Commission’s final determination regarding the ’172 patent. Appeal No. 2017–2334. On October 18, 2017, the Commission filed a motion to dismiss the appeal as moot because the ’172 patent had expired on July 28, 2017. Respondents did not object to the dismissal but requested vacatur of the Commission’s final determination. Complainants also did not object to dismissal, but did object to vacatur. On December 26, 2017, the Federal Circuit issued its Order in which the Commission’s motion was ‘‘granted to the extent that the appeal is deemed moot and the case is remanded for the Commission to address whether to vacate its final determination relating to the ’172 patent.’’ Court Order at 3. On February 26, 2018, the Commission ordered the parties to submit comments on whether the Commission should vacate its final determination regarding the ’172 patent. Commission Order at 3. All relevant E:\FR\FM\28JAN1.SGM 28JAN1 Federal Register / Vol. 85, No. 18 / Tuesday, January 28, 2020 / Notices parties timely filed opening and reply submissions. The Commission has determined to vacate the portion of its final determination relating to the ’172 patent and its limited exclusion order based thereon. The Commission’s opinion is being issued concurrently herewith. The Commission hereby terminates this investigation. 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: January 22, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–01371 Filed 1–27–20; 8:45 am] BILLING CODE 7020–02–P jbell on DSKJLSW7X2PROD with NOTICES Notice of Lodging of Proposed Consent Decree Under the Clean Air Act On January 22, 2020, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Southern District of Ohio in the lawsuit entitled United States v. Gulfport Energy Corporation, Case No. 2:20–cv–00340–ALM–CMV. The United States filed a Complaint in this lawsuit seeking civil penalties and injunctive relief from Defendant Gulfport Energy Corporation (‘‘Gulfport’’) for alleged violations of the Clean Air Act, 42 U.S.C. 7401–7671q, at multiple oil and gas production well pads that Gulfport owns and operates in eastern Ohio (the ‘‘Facilities’’). The United States’ Complaint alleges that Gulfport has violated statutory and regulatory requirements applicable to storage tanks at the Facilities arising under the Clean Air Act and regulations promulgated by the U.S. Environmental Protection Agency establishing standards of performance for crude oil and natural gas production, transmission, and distribution facilities (codified at 40 CFR part 60, subpart OOOO), as well as corresponding requirements in Gulfport’s Clean Air Act operating permits for the Facilities. When the Complaint was filed, the United States also lodged a proposed Consent Decree that would settle the claims asserted in the Complaint. Among other things, the proposed Consent Decree would require Gulfport to implement appropriate injunctive 17:02 Jan 27, 2020 To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... DEPARTMENT OF JUSTICE VerDate Sep<11>2014 relief to control air pollutant emissions from storage tanks at the Facilities, undertake additional mitigation measures to help offset unauthorized past air pollutant emissions, and pay a total of $1,700,000 in civil penalties (plus interest) to the United States. The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. Gulfport Energy Corporation, D.J. Ref. No. 90–5–2–1– 12026. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: Jkt 250001 During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department website: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the proposed Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $25.75 (25 cents per page reproduction cost) payable to the United States Treasury. Randall M. Stone, Acting Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2020–01358 Filed 1–27–20; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJJDP) Docket No. 1772] Meeting of the Coordinating Council on Juvenile Justice and Delinquency Prevention Coordinating Council on Juvenile Justice and Delinquency Prevention, Office of Justice Programs, Department of Justice. ACTION: Notice of meeting. AGENCY: PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 5039 The Coordinating Council on Juvenile Justice and Delinquency Prevention announces its next meeting. DATES: Wednesday March 4th, 2020 at 10:00 a.m. ET. ADDRESSES: The meeting will take place in the third floor main conference room at the U.S. Department of Justice, Office of Justice Programs, 810 7th St. NW, Washington, DC 20531. FOR FURTHER INFORMATION CONTACT: Visit the website for the Coordinating Council at www.juvenilecouncil.gov or contact Elizabeth Wolfe, Designated Federal Official (DFO), OJJDP, by telephone at (202) 598–9310, email at elizabeth.wolfe@ojp.usdoj.gov; or Maegen Barnes, Senior Program Manager/Federal Contractor, by telephone (732) 948–8862, email at maegen.barnes@bixal.com, or fax at (866) 854–6619. Please note that the above phone/fax numbers are not toll free. SUPPLEMENTARY INFORMATION: The Coordinating Council on Juvenile Justice and Delinquency Prevention (‘‘Council’’), established by statute in the Juvenile and Delinquency Prevention Act of 1974 section 206(a) (42 U.S.C. 5616(a)), will meet to carry out its advisory functions. Information regarding this meeting will be available on the Council’s web page at www.juvenilecouncil.gov. The meeting is open to the public, and available via online video conference, but prior registration is required (see below). In addition, meeting documents will be viewable via this website including meeting announcements, agendas, minutes and reports. Although designated agency representatives may attend in lieu of members, the Council’s formal membership consists of the following secretaries and/or agency officials; Attorney General (Chair), Administrator of the Office of Juvenile Justice and Delinquency Prevention (Vice Chair), Secretary of Health and Human Services (HHS), Secretary of Labor (DOL), Secretary of Education (DOE), Secretary of Housing and Urban Development (HUD), Director of the Office of National Drug Control Policy, Chief Executive Officer of the Corporation for National and Community Service and the Assistant Secretary of Homeland Security for the U.S. Immigration and Customs Enforcement. Nine additional members are appointed by the Speaker of the U.S. House of Representatives, the U.S. Senate Majority Leader and the President of the United States. Further agencies that take part in Council activities include, the Departments of Agriculture, Defense, Interior and the SUMMARY: E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 85, Number 18 (Tuesday, January 28, 2020)]
[Notices]
[Pages 5038-5039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01371]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-971 (Remand)]


Certain Air Mattress Systems, Components Thereof, and Methods of 
Using the Same; Commission Determination Vacating the Final 
Determination Relating to United States Patent No. 5,904,172 and the 
Limited Exclusion Order Based Thereon; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to vacate the portion of its final 
determination relating to United States Patent No. 5,904,172 (``the 
'172 patent'') and its limited exclusion order based thereon.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3115. 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: On December 26, 2017, the United States 
Court of Appeals for the Federal Circuit issued an order holding that 
the appeal in Sizewise Rentals LLC v. International Trade Commission, 
Appeal No. 2017-2334, had become moot during the pendency of the appeal 
and remanded the investigation to the Commission to determine whether 
to vacate the underlying final determination relating to the sole 
patent at issue on appeal, the '172 patent.
    The Federal Circuit appeal at issue stemmed from Investigation No. 
337-TA-971, Certain Air Mattress Systems, Components Thereof, and 
Methods of Using the Same. This investigation was instituted based on a 
complaint filed on October 16, 2015 by Complainants Select Comfort 
Corporation and Select Comfort SC Corporation (collectively, 
``Complainants'') that alleged violations of section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, by Sizewise Rentals LLC, 
American National Manufacturing Inc., and Dires LLC (d/b/a Personal 
Comfort Bed) (collectively, ``Respondents''), based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain air mattress 
systems, components thereof, and methods of using the same that 
infringe certain claims of the '172 patent and United States Patent No. 
7,389,554 (``the '554 patent''). See 80 FR 72738 (Nov. 20, 2015).
    On November 18, 2016, the presiding Administrative Law Judge issued 
a final initial determination (``ID'') finding no violation of section 
337 with respect to either patent. The Commission determined to review 
the ID in part, and on review, the Commission found a violation of 
section 337 with regard to the '172 patent and issued a limited 
exclusion order prohibiting the unlicensed entry of infringing air 
mattress systems, components thereof, and methods of using the same. 
Certain Air Mattress Systems, Components Thereof, and Methods of Using 
the Same, Inv. No. 337-TA-971, Comm'n Op. at 61-62 (May 17, 2018); 82 
FR 8623 (Jan. 27, 2017); 82 FR 23593-5 (May 23, 2017). The Commission 
found no violation with regard to the '554 patent.
    On July 19, 2017, Respondents filed an appeal to the Federal 
Circuit requesting review of the Commission's final determination 
regarding the '172 patent. Appeal No. 2017-2334. On October 18, 2017, 
the Commission filed a motion to dismiss the appeal as moot because the 
'172 patent had expired on July 28, 2017. Respondents did not object to 
the dismissal but requested vacatur of the Commission's final 
determination. Complainants also did not object to dismissal, but did 
object to vacatur. On December 26, 2017, the Federal Circuit issued its 
Order in which the Commission's motion was ``granted to the extent that 
the appeal is deemed moot and the case is remanded for the Commission 
to address whether to vacate its final determination relating to the 
'172 patent.'' Court Order at 3.
    On February 26, 2018, the Commission ordered the parties to submit 
comments on whether the Commission should vacate its final 
determination regarding the '172 patent. Commission Order at 3. All 
relevant

[[Page 5039]]

parties timely filed opening and reply submissions.
    The Commission has determined to vacate the portion of its final 
determination relating to the '172 patent and its limited exclusion 
order based thereon. The Commission's opinion is being issued 
concurrently herewith. The Commission hereby terminates this 
investigation.
    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: January 22, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-01371 Filed 1-27-20; 8:45 am]
 BILLING CODE 7020-02-P