Certain Dental and Orthodontic Scanners and Software; Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding; Extension of the Target Date, 46713-46715 [2020-16723]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Notices
detailed information about the hearing,
including how to participate, will be
posted on the Commission’s website at
https://usitc.gov/research_and_analysis/
what_we_are_working_on.htm. Once on
that web page, scroll down to the entry
for investigation No. 332–577,
Raspberries for Processing: Conditions
of Competition between U.S. and
Foreign Suppliers, with a Focus on
Washington State, and click on the link
to ‘‘Hearing Information.’’ Interested
parties should check the Commission’s
website periodically for updates.
Requests to appear at the public
hearing should be filed with the
Secretary no later than 5:15 p.m.,
August 27, 2020, in accordance with the
requirements in the ‘‘Written
Submissions’’ section below. All
prehearing briefs and statements should
be filed not later than 5:15 p.m.,
September 8, 2020, and all post-hearing
briefs and statements should be filed not
later than 5:15 p.m., September 24,
2020. Post-hearing briefs and statements
should address matters raised at the
hearing. To facilitate the hearing,
including the preparation of an accurate
written transcript of the hearing, oral
testimony to be presented at the hearing
must be submitted to the Commission
electronically no later than the close of
business September 15, 2020. In the
event that, as of the close of business on
September 8, 2020, no witnesses are
scheduled to appear at the hearing, the
hearing will be canceled.
The Commission published notice of
institution of the investigation to the
Federal Register on May 20, 2020 (85
FR 30736). In that notice, the
Commission announced it would hold a
public hearing on September 17, 2020,
in the Commission’s building and it also
set dates by which requests to appear at
the hearing, briefs, and other written
submissions should be filed. Please note
the Secretary’s Office will accept only
electronic filings at this time. Filings
must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov). No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice. The scope of the
investigation remains the same as
published in the Federal Register on
May 20, 2020.
Written submissions: In lieu of or in
addition to participating in the hearing,
interested parties are invited to file
written submissions concerning this
investigation. All written submissions
should be addressed to the Secretary,
and should be received not later than
5:15 p.m., December 6, 2020. All written
submissions must conform to the
VerDate Sep<11>2014
20:39 Jul 31, 2020
Jkt 250001
provisions of section 201.8 of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.8), as
temporarily amended by 85 FR 15798
(March 19, 2020). Under that rule
waiver, the Office of the Secretary will
accept only electronic filings at this
time. Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov). No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice. Persons with questions
regarding electronic filing should
contact the Office of the Secretary,
Docket Services Division (202–205–
1802) or consult the Commission’s
Handbook on Filing Procedures.
Confidential business information.
Any submissions that contain
confidential business information must
also conform to the requirements of
section 201.6 of the Commission’s Rules
of Practice and Procedure (19 CFR
201.6). Section 201.6 of the rules
requires that the cover of the document
and the individual pages be clearly
marked as to whether they are the
‘‘confidential’’ or ‘‘non-confidential’’
version, and that the confidential
business information is clearly
identified by means of brackets. All
written submissions, except for
confidential business information, will
be made available for inspection by
interested parties.
As requested by the USTR, the
Commission will not include any
confidential business information in the
report that it sends to the USTR or
makes available to the public. However,
all information, including confidential
business information, submitted in 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 personnel for
cybersecurity purposes. The
Commission will not otherwise disclose
any confidential business information in
a manner that would reveal the
operations of the firm supplying the
information.
Summaries of written submissions:
The Commission intends to publish
summaries of the positions of interested
persons in an appendix to the report.
Persons wishing to have a summary of
their position included in the report
should include a summary with their
PO 00000
Frm 00128
Fmt 4703
Sfmt 4703
46713
written submission. The summary may
not exceed 500 words, should be in a
format that can be easily converted to
MS Word, and should not include any
confidential business information. The
summary will be published as provided
if it meets these requirements and is
germane to the subject matter of the
investigation. The Commission will
identify the name of the organization
furnishing the summary and will
include a link to the Commission’s
Electronic Document Information
System (EDIS) where the full written
submission can be found.
By order of the Commission.
Issued: July 29, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–16844 Filed 7–31–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1144]
Certain Dental and Orthodontic
Scanners and Software; Commission
Determination To Review in Part a
Final Initial Determination Finding a
Violation of Section 337; Request for
Written Submissions on the Issues
Under Review and on Remedy, the
Public Interest, and Bonding;
Extension of the Target Date
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to review in part a final
initial determination (‘‘ID’’) of the
presiding administrative law judge
(‘‘ALJ’’). The Commission requests
written submissions from the parties on
the issues under review and
submissions from the parties, interested
government agencies, and interested
persons on the issues of remedy, the
public interest, and bonding, under the
schedule set forth below. The target date
is extended to September 28, 2020.
FOR FURTHER INFORMATION CONTACT:
Robert Needham, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–5468. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
SUMMARY:
E:\FR\FM\03AUN1.SGM
03AUN1
khammond on DSKJM1Z7X2PROD with NOTICES
46714
Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Notices
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.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 March 5, 2019. 84 FR 7933–34
(March 5, 2019) based on a complaint
filed on behalf of Align Technology, Inc.
of San Jose, California (‘‘Align’’). The
complaint alleges violations of section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the
importation into the United States, the
sale for importation, or the sale within
the United States after importation of
certain dental and orthodontic scanners
and software by reason of infringement
of one or more claims of U.S. Patent
Nos. 9,299,192 (‘‘the ’192 patent’’);
7,077,647 (‘‘the ’647 patent’’); 7,156,661
(‘‘the ’661 patent’’); 9,848,958 (‘‘the ’958
patent’’); and 8,102,538 (‘‘the ’538
patent’’). Id. The complaint further
alleges that a domestic industry exists.
Id. The Commission’s notice of
investigation named as respondents
3Shape A/S of Copenhagen, Denmark;
3Shape, Inc. of Warren, New Jersey; and
3Shape Trios A/S of Copenhagen,
Denmark (together, ‘‘3Shape’’). Id. The
Office of Unfair Import Investigations
(‘‘OUII’’) is not participating in the
investigation. Id.
The Commission subsequently
terminated the investigation with
respect to the ’958 patent based on
Align’s withdrawal of those allegations.
Order No. 17 (Jul. 2, 2019), not reviewed
Notice (Jul. 23, 2019). On October 8,
2019, Align stated that it would no
longer pursue a violation with respect to
claims 4 and 20 of the ’647 patent,
claims 1 and 19 of the ’661 patent, and
claims 1, 3–5, and 22 of the ’192 patent.
On October 21, 2019, Align stated that
it would no longer pursue a violation
with respect to claim 2 of the ’647
patent. Accordingly, at the time of the
Final ID, Align asserted claims 1 and 18
of the ’647 patent, claims 2 and 20 of the
’661 patent, claims 1 and 2 of the ’538
patent, and claims 2, 28, and 29 of the
’192 patent.
On April 30, 2020, the ALJ issued the
Final ID finding a violation of section
337 with respect to the ’647 and ’661
patents, and no violation with respect to
the ’538 and ’192 patents. Specifically,
the ALJ found that claims 1 and 18 of
the ’538 patent are not infringed and
that claims 2, 28, and 29 of the ’192
patent are invalid. The ALJ found that
Align satisfied the remaining
VerDate Sep<11>2014
20:39 Jul 31, 2020
Jkt 250001
requirements for a violation with
respect to the ’538 and ’192 patents.
On May 12, 2020, 3Shape and Align
each filed a petition for review of the
Final ID. On May 20, 2020, the parties
responded to each other’s petitions. The
Commission also received four
comments on the public interest.
Having reviewed the record of the
investigation, including the final ID and
the parties’ petitions and responses, the
Commission has determined to review
the ID in part. Specifically, the
Commission has determined to review:
(1) The findings regarding importation
and induced infringement; (2) the
construction of limitation 1.5/18.5 of the
‘647 patent (‘‘individually matching
[match] each of the dental objects in the
subsequent digital model with a dental
object in the initial digital model to
determine corresponding dental objects,
the matching comprising [including
instructions to]’’) in the asserted claims
of the ’647 patent, and the application
of that construction regarding
infringement, invalidity, and the
technical prong of the domestic
industry; (3) the findings regarding
whether the asserted claims of the ’647
and ’661 patents are directed to
patentable subject matter; (4) the
construction of the limitation ‘‘wherein
the device is configured for maintaining
a spatial disposition with respect to the
portion that is substantially fixed during
operation of the optical scanner and
imaging means’’ in the asserted claims
of the ’538 patent, and the application
of that construction regarding
infringement, invalidity, and the
technical prong of the domestic industry
requirement; (5) the findings regarding
whether Okamato anticipates the
asserted claims of the ’538 patent; (6)
the findings regarding whether PaleyKriveshko anticipates or renders
obvious the asserted claims of the ’192
patent; and (7) the findings regarding
the satisfaction of the economic prong of
the domestic industry requirement.
In connection with its review, the
Commission requests responses to the
following questions. The parties are
requested to brief their positions with
reference to the applicable law and the
existing evidentiary record.
(1) Please explain whether it is proper to
construe the limitation ‘‘wherein the device
is configured for maintaining a spatial
disposition with respect to the portion that
is substantially fixed during operation of the
optical scanner and imaging means’’ to mean
‘‘the operation of the optical scanner and
imaging means is substantially or effectively
simultaneous.’’ Please note that this
proposed construction removes the following
requirement of the ALJ’s construction: ‘‘such
that movement (i.e., a change in spatial
PO 00000
Frm 00129
Fmt 4703
Sfmt 4703
disposition) can be ignored and depth data
and color data correspond to the same
reference array.’’ Additionally, please explain
how the above construction would impact
findings on infringement, invalidity, and the
domestic industry requirement.
(2) Please explain, with citations to the
record, whether there is a motivation to
modify Paley-Kriveshko in a way that renders
invalid as obvious the asserted claims of the
’192 patent.
(3) What information, if any, is contained
in the record concerning Align’s employee
headcount and salary and compensation
expenditures outside the United States
pertaining to Align’s DI Products? What
information, if any, is contained in the record
concerning the value added in the United
States to Align’s DI Products?
(4) Please explain, with citations to the
record, whether Align’s investments in plant
and equipment under a sales-based allocation
are significant.
The parties are invited to brief only the
discrete issues requested above. The
parties are not to brief other issues on
review, which are adequately presented
in the parties’ existing filings.
In connection with the final
disposition of this investigation, the
statute authorizes issuance of, inter alia,
(1) an exclusion order that could result
in the exclusion of the subject articles
from entry into the United States; and/
or (2) cease and desist orders that could
result in the respondents 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).
The statute requires the Commission
to consider the effects of that remedy
upon the public interest. The public
interest factors the Commission will
consider include the effect that an
exclusion 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
E:\FR\FM\03AUN1.SGM
03AUN1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 / Notices
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,
disapprove, or take no action on the
Commission’s determination. 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 on the issues
identified in this notice. 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.
In its initial submission, Complainant
is also requested to identify the remedy
sought and to submit proposed remedial
orders for the Commission’s
consideration. Complainant is further
requested to state the dates that the
Asserted Patents expire, the HTSUS
subheadings under which the accused
products are imported, and to supply
the identification information for all
known importers of the products at
issue in this investigation. The initial
written submissions and proposed
remedial orders must be filed no later
than close of business on August 11,
2020. Reply submissions must be filed
no later than the close of business on
August 18, 2020. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission. Initial submissions are
limited to 40 pages. Reply submissions
are limited to 20 pages. No further
submissions on any of 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. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798
(March 19, 2020). Submissions should
refer to the investigation number (Inv.
No. 337–TA–1144) in a prominent place
on the cover page and/or the first page.
(See Handbook for Electronic Filing
VerDate Sep<11>2014
20:39 Jul 31, 2020
Jkt 250001
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf). Persons with questions
regarding filing should contact the
Secretary, (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. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. 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
personnel, solely for cybersecurity
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All nonconfidential written
submissions will be available for public
inspection on EDIS.
The target date is extended to
September 28, 2020.
The Commission vote for this
determination took place on July 28,
2020.
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: July 28, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–16723 Filed 7–31–20; 8:45 am]
BILLING CODE 7020–02–P
PO 00000
Frm 00130
Fmt 4703
Sfmt 4703
46715
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 731–TA–1070A (Third
Review)]
Crepe Paper From China; Institution of
a Five-Year Review
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice that it has instituted a review
pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine
whether revocation of the antidumping
duty order on crepe paper from China
would be likely to lead to continuation
or recurrence of material injury.
Pursuant to the Act, interested parties
are requested to respond to this notice
by submitting the information specified
below to the Commission.
DATES: Instituted August 3, 2020. To be
assured of consideration, the deadline
for responses is September 2, 2020.
Comments on the adequacy of responses
may be filed with the Commission by
October 16, 2020.
FOR FURTHER INFORMATION CONTACT:
Mary Messer (202–205–3193), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter 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 (https://
www.usitc.gov). The public record for
this proceeding may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.—On January 25, 2005,
the Department of Commerce
(‘‘Commerce’’) issued an antidumping
duty order on imports of certain crepe
paper products from China (70 FR
3509). Following first five-year reviews
by Commerce and the Commission,
effective May 13, 2010, Commerce
issued a continuation of the
antidumping duty order on imports of
crepe paper from China (75 FR 26919).
Following the second five-year reviews
by Commerce and the Commission,
effective September 22, 2015, Commerce
issued a continuation of the
antidumping duty order on imports of
certain crepe paper products from China
SUMMARY:
E:\FR\FM\03AUN1.SGM
03AUN1
]]>Agencies
[Federal Register Volume 85, Number 149 (Monday, August 3, 2020)]
[Notices]
[Pages 46713-46715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16723]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1144]
Certain Dental and Orthodontic Scanners and Software; Commission
Determination To Review in Part a Final Initial Determination Finding a
Violation of Section 337; Request for Written Submissions on the Issues
Under Review and on Remedy, the Public Interest, and Bonding; Extension
of the Target Date
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to review in part a final
initial determination (``ID'') of the presiding administrative law
judge (``ALJ''). The Commission requests written submissions from the
parties on the issues under review and submissions from the parties,
interested government agencies, and interested persons on the issues of
remedy, the public interest, and bonding, under the schedule set forth
below. The target date is extended to September 28, 2020.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General
[[Page 46714]]
information concerning the Commission may also be obtained by accessing
its internet server at https://www.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 March 5, 2019. 84 FR 7933-34 (March 5, 2019) based on a complaint
filed on behalf of Align Technology, Inc. of San Jose, California
(``Align''). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into
the United States, the sale for importation, or the sale within the
United States after importation of certain dental and orthodontic
scanners and software by reason of infringement of one or more claims
of U.S. Patent Nos. 9,299,192 (``the '192 patent''); 7,077,647 (``the
'647 patent''); 7,156,661 (``the '661 patent''); 9,848,958 (``the '958
patent''); and 8,102,538 (``the '538 patent''). Id. The complaint
further alleges that a domestic industry exists. Id. The Commission's
notice of investigation named as respondents 3Shape A/S of Copenhagen,
Denmark; 3Shape, Inc. of Warren, New Jersey; and 3Shape Trios A/S of
Copenhagen, Denmark (together, ``3Shape''). Id. The Office of Unfair
Import Investigations (``OUII'') is not participating in the
investigation. Id.
The Commission subsequently terminated the investigation with
respect to the '958 patent based on Align's withdrawal of those
allegations. Order No. 17 (Jul. 2, 2019), not reviewed Notice (Jul. 23,
2019). On October 8, 2019, Align stated that it would no longer pursue
a violation with respect to claims 4 and 20 of the '647 patent, claims
1 and 19 of the '661 patent, and claims 1, 3-5, and 22 of the '192
patent. On October 21, 2019, Align stated that it would no longer
pursue a violation with respect to claim 2 of the '647 patent.
Accordingly, at the time of the Final ID, Align asserted claims 1 and
18 of the '647 patent, claims 2 and 20 of the '661 patent, claims 1 and
2 of the '538 patent, and claims 2, 28, and 29 of the '192 patent.
On April 30, 2020, the ALJ issued the Final ID finding a violation
of section 337 with respect to the '647 and '661 patents, and no
violation with respect to the '538 and '192 patents. Specifically, the
ALJ found that claims 1 and 18 of the '538 patent are not infringed and
that claims 2, 28, and 29 of the '192 patent are invalid. The ALJ found
that Align satisfied the remaining requirements for a violation with
respect to the '538 and '192 patents.
On May 12, 2020, 3Shape and Align each filed a petition for review
of the Final ID. On May 20, 2020, the parties responded to each other's
petitions. The Commission also received four comments on the public
interest.
Having reviewed the record of the investigation, including the
final ID and the parties' petitions and responses, the Commission has
determined to review the ID in part. Specifically, the Commission has
determined to review: (1) The findings regarding importation and
induced infringement; (2) the construction of limitation 1.5/18.5 of
the `647 patent (``individually matching [match] each of the dental
objects in the subsequent digital model with a dental object in the
initial digital model to determine corresponding dental objects, the
matching comprising [including instructions to]'') in the asserted
claims of the '647 patent, and the application of that construction
regarding infringement, invalidity, and the technical prong of the
domestic industry; (3) the findings regarding whether the asserted
claims of the '647 and '661 patents are directed to patentable subject
matter; (4) the construction of the limitation ``wherein the device is
configured for maintaining a spatial disposition with respect to the
portion that is substantially fixed during operation of the optical
scanner and imaging means'' in the asserted claims of the '538 patent,
and the application of that construction regarding infringement,
invalidity, and the technical prong of the domestic industry
requirement; (5) the findings regarding whether Okamato anticipates the
asserted claims of the '538 patent; (6) the findings regarding whether
Paley-Kriveshko anticipates or renders obvious the asserted claims of
the '192 patent; and (7) the findings regarding the satisfaction of the
economic prong of the domestic industry requirement.
In connection with its review, the Commission requests responses to
the following questions. The parties are requested to brief their
positions with reference to the applicable law and the existing
evidentiary record.
(1) Please explain whether it is proper to construe the
limitation ``wherein the device is configured for maintaining a
spatial disposition with respect to the portion that is
substantially fixed during operation of the optical scanner and
imaging means'' to mean ``the operation of the optical scanner and
imaging means is substantially or effectively simultaneous.'' Please
note that this proposed construction removes the following
requirement of the ALJ's construction: ``such that movement (i.e., a
change in spatial disposition) can be ignored and depth data and
color data correspond to the same reference array.'' Additionally,
please explain how the above construction would impact findings on
infringement, invalidity, and the domestic industry requirement.
(2) Please explain, with citations to the record, whether there
is a motivation to modify Paley-Kriveshko in a way that renders
invalid as obvious the asserted claims of the '192 patent.
(3) What information, if any, is contained in the record
concerning Align's employee headcount and salary and compensation
expenditures outside the United States pertaining to Align's DI
Products? What information, if any, is contained in the record
concerning the value added in the United States to Align's DI
Products?
(4) Please explain, with citations to the record, whether
Align's investments in plant and equipment under a sales-based
allocation are significant.
The parties are invited to brief only the discrete issues requested
above. The parties are not to brief other issues on review, which are
adequately presented in the parties' existing filings.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents 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).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion 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
[[Page 46715]]
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,
disapprove, or take no action on the Commission's determination. 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 on the issues identified in this notice.
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.
In its initial submission, Complainant is also requested to
identify the remedy sought and to submit proposed remedial orders for
the Commission's consideration. Complainant is further requested to
state the dates that the Asserted Patents expire, the HTSUS subheadings
under which the accused products are imported, and to supply the
identification information for all known importers of the products at
issue in this investigation. The initial written submissions and
proposed remedial orders must be filed no later than close of business
on August 11, 2020. Reply submissions must be filed no later than the
close of business on August 18, 2020. No further submissions on these
issues will be permitted unless otherwise ordered by the Commission.
Initial submissions are limited to 40 pages. Reply submissions are
limited to 20 pages. No further submissions on any of 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. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (Inv. No. 337-TA-1144) 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, (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. A
redacted non-confidential version of the document must also be filed
simultaneously with any confidential filing. 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 personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written submissions will be available for public
inspection on EDIS.
The target date is extended to September 28, 2020.
The Commission vote for this determination took place on July 28,
2020.
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: July 28, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-16723 Filed 7-31-20; 8:45 am]
BILLING CODE 7020-02-P
