Notice of Receipt of Amended Complaint; Solicitation of Comments Relating to the Public Interest, 38764-38765 [2021-15553]

Download as PDF 38764 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices INTERNATIONAL TRADE COMMISSION Notice of Receipt of Amended Complaint; Solicitation of Comments Relating to the Public Interest International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Light-Based Physiological Measurement Devices and Components Thereof, DN 3554; the Commission is soliciting comments on any public interest issues raised by the amended complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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 has received an amended complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of Masimo Corporation and Cercacor Laboratories, Inc. on July 12, 2021. The original complaint was filed on June 30, 2021 and a notice of receipt of complaint; solicitation of comments relating to the public interest published in the Federal Register on July 6, 2021. The amended complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain light-based physiological measurement devices and components thereof. The amended complaint names as respondent: Apple Inc. of Cupertino, lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:10 Jul 21, 2021 Jkt 253001 CA. The complaint and amended complaint allege infringement of certain claims of U.S. Patent No. U.S. Patent No. 10,912,501 (‘‘the ’501 Patent’’); U.S. Patent No. 10,912,502 (‘‘the ’502 Patent’’); U.S. Patent No. 10,945,648 (‘‘the ’648 Patent’’); U.S. Patent No. 10,687,745 (‘‘the ’745 Patent’’); and U.S. Patent No. 7,761,127 (‘‘the ’127 Patent’’) (collectively, ‘‘the Asserted Patents’’). The asserted claims of the ‘502 patent include claim 19. However, a certificate of correction was issued for claim 19 on July 6, 2021, by the United States Patent and Trademark Office, and the amended complaint reflects changes to the allegations relating to that claim. The complainant requests that the Commission issue an exclusion order, a cease and desist order, and impose a bond upon respondent alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the amended complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions on the public interest must be filed no later than by close of business, eight calendar days PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. No other submissions will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3554’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures 1). Please note the Secretary’s Office will accept only electronic filings during 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 filing should contact the Secretary at EDIS3Help@usitc.gov. 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. 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 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. E:\FR\FM\22JYN1.SGM 22JYN1 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 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,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: July 16, 2021. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2021–15553 Filed 7–21–21; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–372] Exempt Chemical Preparations Under the Controlled Substances Act Drug Enforcement Administration, Department of Justice. ACTION: Order with opportunity for comment. lotter on DSK11XQN23PROD with NOTICES1 AGENCY: field on the web page or to attach a file for lengthier comments. Please go to https://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon completion of your submission you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on Regulations.gov. If you have received a comment tracking number, your comment has been successfully submitted and there is no need to resubmit the same comment. Paper comments: Paper comments that duplicate the electronic submission are not necessary and are discouraged. Should you wish to mail a comment in lieu of an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. FOR FURTHER INFORMATION CONTACT: Terrence L. Boos, Ph.D., Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (571) 362–8201. SUPPLEMENTARY INFORMATION: Posting of Public Comments Please note that all comments received are considered part of the public record and made available for SUMMARY: The applications for exempt public inspection online at https:// chemical preparations received by the www.regulations.gov and in the DEA’s Drug Enforcement Administration public docket. Such information (DEA) between September 1, 2020, and includes personal identifying March 31, 2021, as listed below, were information (such as your name, accepted for filing and have been address, etc.) voluntarily submitted by approved or denied as indicated. the commenter. The Freedom of DATES: Interested persons may file Information Act applies to all comments written comments on this order in received. accordance with 21 CFR 1308.23(e). If you want to submit personal Electronic comments must be identifying information (such as your submitted, and written comments must name, address, etc.) as part of your be postmarked, on or before September comment, but do not want it to be 20, 2021. Commenters should be aware posted online or made available in the that the electronic Federal Docket public docket, you must include the Management System will not accept comments after 11:59 p.m. Eastern Time phrase ‘‘PERSONAL IDENTIFYING INFORMATION’’ in the first paragraph on the last day of the comment period. of your comment. You must also place ADDRESSES: To ensure proper handling all the personal identifying information of comments, please reference ‘‘Docket you do not want posted online or made No. DEA–372’’ on all correspondence, available in the public docket in the first including any attachments. paragraph of your comment and identify Electronic comments: DEA encourages what information you want redacted. that all comments be submitted through If you want to submit confidential the Federal eRulemaking Portal, which business information as part of your provides the ability to type short comment, but do not want it to be comments directly into the comment posted online or made available in the public docket, you must include the 2 All contract personnel will sign appropriate phrase ‘‘CONFIDENTIAL BUSINESS nondisclosure agreements. INFORMATION’’ in the first paragraph 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. of your comment. You must also VerDate Sep<11>2014 19:38 Jul 21, 2021 Jkt 253001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 38765 prominently identify confidential business information to be redacted within the comment. Comments containing personal identifying information and confidential business information identified as directed above will generally be made publicly available in redacted form. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to https:// www.regulations.gov may include any personal identifying information (such as name, address, and phone number) included in the text of your electronic submission that is not identified as directed above as confidential. An electronic copy of this document is available at https:// www.regulations.gov for easy reference. Legal Authority Section 201 of the Controlled Substances Act (CSA) (21 U.S.C. 811) authorizes the Attorney General, by regulation, to exempt from certain provisions of the CSA certain compounds, mixtures, or preparations containing a controlled substance, if he finds that such compounds, mixtures, or preparations meet the requirements detailed in 21 U.S.C. 811(g)(3)(B).1 DEA regulations at 21 CFR 1308.23 and 1308.24 further detail the criteria by which DEA’s Assistant Administrator may exempt a chemical preparation or mixture from certain provisions of the CSA. The Assistant Administrator may, pursuant to 21 CFR 1308.23(f), modify or revoke the criteria by which exemptions are granted and modify the scope of exemptions at any time. Exempt Chemical Preparation Applications Submitted Between September 1, 2020, and March 31, 2021 The Assistant Administrator received applications between September 1, 2020, and March 31, 2021, requesting exempt chemical preparation status detailed in 21 CFR 1308.23. Pursuant to the criteria stated in 21 U.S.C. 811(g)(3)(B) and in 21 CFR 1308.23, the Assistant Administrator has found that each of the compounds, mixtures, and preparations described in Chart I below is intended for laboratory, industrial, educational, or special research purposes and not for general administration to a human being or animal and either: (1) Contains no 1 This authority has been delegated from the Attorney General to the Administrator of the DEA by 28 CFR 0.100, and subsequently redelegated to the Deputy Assistant Administrator pursuant to 28 CFR 0.104 and Section 7 of the appendix to subpart R of part 0. E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38764-38765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15553]



[[Page 38764]]

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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Amended Complaint; Solicitation of Comments 
Relating to the Public Interest

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received an amended complaint entitled Certain Light-
Based Physiological Measurement Devices and Components Thereof, DN 
3554; the Commission is soliciting comments on any public interest 
issues raised by the amended complaint or complainant's filing pursuant 
to the Commission's Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at https://edis.usitc.gov. For help accessing 
EDIS, please email [email protected].
    General information concerning the Commission may also be obtained 
by accessing its internet server at United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (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 has received an amended 
complaint and a submission pursuant to Sec.  210.8(b) of the 
Commission's Rules of Practice and Procedure filed on behalf of Masimo 
Corporation and Cercacor Laboratories, Inc. on July 12, 2021. The 
original complaint was filed on June 30, 2021 and a notice of receipt 
of complaint; solicitation of comments relating to the public interest 
published in the Federal Register on July 6, 2021. The amended 
complaint alleges violations of section 337 of the Tariff Act of 1930 
(19 U.S.C. 1337) in the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain light-based physiological measurement devices 
and components thereof. The amended complaint names as respondent: 
Apple Inc. of Cupertino, CA. The complaint and amended complaint allege 
infringement of certain claims of U.S. Patent No. U.S. Patent No. 
10,912,501 (``the '501 Patent''); U.S. Patent No. 10,912,502 (``the 
'502 Patent''); U.S. Patent No. 10,945,648 (``the '648 Patent''); U.S. 
Patent No. 10,687,745 (``the '745 Patent''); and U.S. Patent No. 
7,761,127 (``the '127 Patent'') (collectively, ``the Asserted 
Patents''). The asserted claims of the `502 patent include claim 19. 
However, a certificate of correction was issued for claim 19 on July 6, 
2021, by the United States Patent and Trademark Office, and the amended 
complaint reflects changes to the allegations relating to that claim. 
The complainant requests that the Commission issue an exclusion order, 
a cease and desist order, and impose a bond upon respondent alleged 
infringing articles during the 60-day Presidential review period 
pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments on any public interest issues 
raised by the amended complaint or Sec.  210.8(b) filing. Comments 
should address whether issuance of the relief specifically requested by 
the complainant in this investigation would affect the public health 
and welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions on the public interest must be filed no later 
than by close of business, eight calendar days after the date of 
publication of this notice in the Federal Register. There will be 
further opportunities for comment on the public interest after the 
issuance of any final initial determination in this investigation. Any 
written submissions on other issues must also be filed by no later than 
the close of business, eight calendar days after publication of this 
notice in the Federal Register. Complainant may file replies to any 
written submissions no later than three calendar days after the date on 
which any initial submissions were due. No other submissions will be 
accepted, unless requested by the Commission. Any submissions and 
replies filed in response to this Notice are limited to five (5) pages 
in length, inclusive of attachments.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. Submissions 
should refer to the docket number (``Docket No. 3554'') in a prominent 
place on the cover page and/or the first page. (See Handbook for 
Electronic Filing Procedures, Electronic Filing Procedures \1\). Please 
note the Secretary's Office will accept only electronic filings during 
this time. Filings must be made through the Commission's Electronic 
Document Information System (EDIS, https://edis.usitc.gov.) No in-
person paper-based filings or paper copies of any electronic filings 
will be accepted until further notice. Persons with questions regarding 
filing should contact the Secretary at [email protected].
---------------------------------------------------------------------------

    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------

    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. 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

[[Page 38765]]

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,\2\ solely for cybersecurity purposes. All nonconfidential 
written submissions will be available for public inspection at the 
Office of the Secretary and on EDIS.\3\
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: July 16, 2021.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2021-15553 Filed 7-21-21; 8:45 am]
BILLING CODE 7020-02-P
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