Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 54999-55000 [2021-21720]
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Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Notices
9,901,123 (‘‘the ’123 patent)
(collectively, ‘‘the Asserted Patents’’).
The complaint also alleges the existence
of a domestic industry. The notice of
investigation names five respondents:
ACS Altria Group, Inc. (‘‘AGI’’), and PM
USA, all of Richmond, Virginia; Philip
Morris International Inc. (‘‘PMI’’) of
New York, New York; and Philip Morris
Products S.A. of Neuchatel, Switzerland
(collectively, ‘‘Respondents’’). See id.
The Office of Unfair Import
Investigations (‘‘OUII’’) is also a party to
the investigation. See id.
The Commission previously
terminated respondents AGI and PMI
from the investigation based on
Complainants’ partial withdrawal of the
complaint. See Order No. 24 (Dec. 14,
2020), unreviewed by Comm’n Notice
(Jan. 5, 2021).
The Commission previously affirmed
that the economic prong of the domestic
industry requirement is satisfied under
19 U.S.C. 1337(a)(3)(A) with respect to
the ’238 and ’915 patents and provided
supplemental analysis. Order No. 35
(Jan. 19, 2021), affirmed in part by
Notice (Feb. 18, 2021).
On May 14, 2021, the presiding ALJ
issued the final initial determination on
violation (‘‘FID’’), which finds a
violation of section 337 based on
infringement of the ’123 patent and the
’915 patent and finds no violation as to
the ’238 patent.
On June 15, 2021, both Complainants
and Respondents filed submissions on
the public interest pursuant to
Commission Rule 210.50(a)(4). OUII did
not file a statement on the public
interest. The Commission also received
seven filings in response to its Federal
Register notice calling for public
interest comments. See 86 FR 28382
(May 16, 2021).
On July 27, 2021, the Commission
determined to review the FID in part. 86
FR 41509–11 (Aug. 2, 2021).
Specifically, the Commission
determined to review: (1) As to the ’915
patent, the ALJ’s construction of the
limitation ‘‘electrical energy source’’
recited in asserted claims 1 and 3 and
the FID’s infringement, technical prong,
and invalidity findings to the extent
they may be affected by a modified
claim construction; (2) as to the ’123
patent, the FID’s obviousness and
domestic industry findings; and (3) as to
the ’238 patent, the FID’s infringement
finding. Id. The Commission also asked
the parties to address a question related
to the issues under review regarding the
’915 patent. Id. The Commission further
requested briefing on remedy, bonding,
and the public interest. Id.
On August 10, 2021, Complainants,
Respondents, and OUII each filed an
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18:56 Oct 04, 2021
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initial written response to the
Commission’s request for briefing. On
August 17, 2021, Complainants and
Respondents each filed a reply
submission. On August 20, 2021, OUII
filed its reply submission.
On August 5, 6, 9, and 10, 2021,
twenty-nine members of the public
submitted public interest submissions.
On August 9, 2021, the Hispanic
Leadership Fund and the National
Minority Quality Form filed public
interest submissions. On August 10,
2021, Nextera Healthcare filed a public
interest submission. On August 11,
2021, Tom Miller, the Attorney General
of Iowa, filed a public interest
submission.
On September 13, 2021, Respondents
filed Respondents’ Motion to Take
Judicial Notice of Recent Regulatory
Determinations and District Court
Opinion. On September 15, 2021,
Complainants filed Complainants’
Opposition to Respondents’ Motion to
Take Judicial Notice of Recent
Regulatory Determinations and District
Court Opinion. The Commission has
determined to deny the motion, but has
considered the parties’ submissions in
its consideration of the public interest
factors.
Having reviewed the record of the
investigation, including the FID and the
parties’ submissions, the Commission
has found a violation of section 337 as
to claims 1–3, and 5 of the ’915 patent
and claims 27–30 of the ’123 patent.
Specifically, with respect to the ’915
patent, the Commission has determined
to: (1) Modify the construction of the
limitation ‘‘electrical energy source’’
recited in asserted claims 1 and 3 to
mean ‘‘receptacle that provides for
transmission of electrical current from
the power source to the heating
member, where the receptacle is not
limited to a structure that requires
wiring or insertion’’; and (2) affirm the
FID’s findings as to infringement,
technical prong, and invalidity findings
under the modified claim construction.
With respect to the ’123 patent, the
Commission has determined to: (1)
Affirm, with supplemental analysis, the
FID’s finding that Respondents failed to
prove claims 27–30 of the ’123 patent
are invalid for obviousness under 35
U.S.C. 103; and (2) take no position as
to the FID’s findings with respect to the
economic prong of the domestic
industry requirement under subsection
337(a)(3)(A). The Commission has
further determined to affirm the FID’s
non-infringement finding for the ’238
patent.
The Commission has determined that
the appropriate remedy is: (1) A limited
exclusion order prohibiting the
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54999
importation of tobacco heating articles
and components thereof that infringe
claims 1–3, and 5 of the ’915 patent and
claims 27–30 of the ’123 patent; and (2)
cease and desist orders directed to
respondents PM USA and ACS. The
Commission has determined that the
public interest factors do not preclude
issuance of the limited exclusion order
or the cease and desist orders. The
Commission has further determined that
no bond is required during the period of
Presidential review. See 19 U.S.C.
1337(j)(3).
The investigation is terminated. The
Commission’s reasoning in support of
its determinations is set forth more fully
in its opinion. The Commission’s orders
and opinion were delivered to the
President and the United States Trade
Representative on the day of their
issuance.
The Commission vote for this
determination took place on September
29, 2021.
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: September 29, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–21626 Filed 10–4–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Barcode Scanners,
Mobile Computers with Barcode
Scanning Capabilities, Scan Engines,
and Components Thereof, DN 3570; the
Commission is soliciting comments on
any public interest issues raised by the
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
SUMMARY:
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lotter on DSK11XQN23PROD with NOTICES1
55000
Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Notices
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 a complaint
and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of
Honeywell International Inc.; Hand
Held Products, Inc.; and Metrologic
Instruments, Inc. on September 29,
2021. The 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 barcode scanners, mobile
computers with barcode scanning
capabilities, scan engines, and
components thereof. The complainant
names as respondents: Zebra
Technologies Corporation of
Lincolnshire, IL; and Symbol
Technologies, Inc. of Holtsville, NY.
The complainant requests that the
Commission issue a limited exclusion
order, cease and desist orders, and
impose a bond upon respondents
alleged infringing articles during the 60day 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
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;
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18:56 Oct 04, 2021
Jkt 256001
(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.
3570’’) 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
1 Handbook
for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_
filing_procedures.pdf.
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Sfmt 4703
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
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: September 30, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–21720 Filed 10–4–21; 8:45 am]
BILLING CODE 7020–02–P
JOINT BOARD FOR THE
ENROLLMENT OF ACTUARIES
Meeting of the Advisory Committee;
Meeting
Joint Board for the Enrollment
of Actuaries.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
The Joint Board for the
Enrollment of Actuaries gives notice of
a closed teleconference meeting of the
SUMMARY:
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 54999-55000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21720]
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INTERNATIONAL TRADE COMMISSION
Notice of Receipt of Complaint; Solicitation of Comments Relating
to the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has received a complaint entitled Certain Barcode Scanners,
Mobile Computers with Barcode Scanning Capabilities, Scan Engines, and
Components Thereof, DN 3570; the Commission is soliciting comments on
any public interest issues raised by the 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
[[Page 55000]]
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 a complaint and
a submission pursuant to Sec. 210.8(b) of the Commission's Rules of
Practice and Procedure filed on behalf of Honeywell International Inc.;
Hand Held Products, Inc.; and Metrologic Instruments, Inc. on September
29, 2021. The 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 barcode scanners, mobile computers with barcode
scanning capabilities, scan engines, and components thereof. The
complainant names as respondents: Zebra Technologies Corporation of
Lincolnshire, IL; and Symbol Technologies, Inc. of Holtsville, NY. The
complainant requests that the Commission issue a limited exclusion
order, cease and desist orders, and impose a bond upon respondents
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 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. 3570'') 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 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: September 30, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-21720 Filed 10-4-21; 8:45 am]
BILLING CODE 7020-02-P
