Certain Composite Baseball and Softball Bats and Components Thereof Institution of Investigation, 60468-60469 [2021-23824]
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60468
Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices
8,416,862 (‘‘the ‘862 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
October 26, 2021, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
identified in paragraph (2) by reason of
infringement of one or more of claims 1,
2, 4–9, and 11–14 of the ’554 patent;
claims 1, 2, 4–6, 8, 9, 11, and 12 of the
’889 patent; claims 1, 8–11, 13, 14, 19,
20, and 27 of the ’629 patent; and claims
1–4 and 9–12 of the ’862 patent, and
whether an industry in the United
States exists as required by subsection
(a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
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17:42 Nov 01, 2021
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plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘mobile devices
(specifically, mobile telephones and
tablet computers), personal computers,
and televisions having wireless
communication capabilities, and
components thereof’’;
(3) Pursuant to Commission Rule
210.50(b)(l), 19 CFR 210.50(b)(1), the
presiding administrative law judge shall
take evidence or other information and
hear arguments from the parties or other
interested persons with respect to the
public interest in this investigation, as
appropriate, and provide the
Commission with findings of fact and a
recommended determination on this
issue, which shall be limited to the
statutory public interest factors set forth
in 19 U.S.C. l337(d)(l), (f)(1), (g)(1);
(4) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is:
Bell Northern Research, LLC, 401 North
Michigan Avenue, Chicago, Illinois
60611
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Lenovo Group Ltd., No. 6 Chuang Ye
Road, Shangdi Information Industry
Base, Haidan District 100085, China
Lenovo (United States), Inc., 1009 Think
Pl., Morrisville, NC 27560
Motorola Mobility LLC, 222 W.
Merchandise Mart Plaza, Suite 1800,
Chicago, IL 60654
TCL Electronics Holdings Limited, 7/F,
TCL Building, 22 Science Park East
Avenue, 22E, Hong Kong Science
Park, Hong Kong
TCT Mobile (US) Inc., 25 Edelman,
Suite 200, Irvine, California 92618
TTE Technology, Inc., 1860 Compton
Avenue, Corona, CA 92881
BLU Products, Inc., 10814 NW 33rd St.,
Building 100, Doral, Florida 33172
BBK Electronics Corp., 23 Bubugao
Avenue, Wusha Village, Chang’an
District, Dongguan, Guangdong,
523860, China
OnePlus Technology Co., Ltd., 18F,
Block C, Shenye Tairan Bldg., Tairan
Eighth Road, Chegongmiao, Futian
District, Shenzhen, Guangdong,
518048, China
HMD Global Oy, Bertel Jungin aukio 9,
Espoo 02600, Finland
HMD America, Inc., 1200 Brickell Ave.,
Suite 510, Miami, Florida 33131
Sonim Technologies, Inc., 6500 River
Place Blvd., Building 7, Suite 250,
Austin, Texas 78730
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(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(5) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), as
amended in 85 FR 15798 (March 19,
2020), such responses will be
considered by the Commission if
received not later than 20 days after the
date of service by the complainant of the
complaint and the notice of
investigation. Extensions of time for
submitting responses to the complaint
and the notice of investigation will not
be granted unless good cause therefor is
shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: October 27, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–23823 Filed 11–1–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1283]
Certain Composite Baseball and
Softball Bats and Components Thereof
Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
September 27, 2021, under section 337
SUMMARY:
E:\FR\FM\02NON1.SGM
02NON1
jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Notices
of the Tariff Act of 1930, as amended,
on behalf of Easton Diamond Sports,
LLC of Thousand Oaks, California.
Supplements to the complaint were
filed on October 13 and October 18,
2021. The complaint, as supplemented,
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain composite
baseball and softball bats and
components thereof by reason of
infringement of certain claims of U.S.
Patent No. 6,997,826 (‘‘the ’826 Patent’’).
The complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (202) 205–
2000. General information concerning
the Commission may also be obtained
by accessing its internet server at
https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Katherine Hiner, Office of Docket
Services, U.S. International Trade
Commission, telephone (202) 205–1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
October 26, 2021, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain products
VerDate Sep<11>2014
17:42 Nov 01, 2021
Jkt 256001
identified in paragraph (2) by reason of
infringement of one or more of claims
1–5, 9–12, 14–15, and 18–19 of the ’826
Patent, and whether an industry in the
United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘composite baseball
and softball bats having a barrel formed
by more than one cylindrical layer of
material’’;
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is:
Easton Diamond Sports, LLC, 3500
Willow Lane, Thousand Oaks, CA
91361
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Juno Athletics LLC, 1000 Williams
Boulevard, Unit 2703, Aventura, FL
33160
Monsta Athletics LLC, 1090 5th Street,
Suite 115, Calimesa, CA 92320
Proton Sports Inc., 7904 East Chaparral
Road, Suite A110, Scottsdale, AZ
85250
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
The Office of Unfair Import
Investigations will not participate as a
party to this investigation.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), as
amended in 85 FR 15798 (March 19,
2020), such responses will be
considered by the Commission if
received not later than 20 days after the
date of service by the complainant of the
complaint and the notice of
investigation. Extensions of time for
submitting responses to the complaint
and the notice of investigation will not
be granted unless good cause therefor is
shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
PO 00000
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Fmt 4703
Sfmt 4703
60469
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: October 27, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021–23824 Filed 11–1–21; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1145 (Remand)]
Certain Botulinum Toxin Products,
Processes for Manufacturing or
Relating to Same and Certain Products
Containing Same; Notice of
Commission Decision To Vacate Its
Final Determination on Remand
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has vacated its final
determination following dismissal of the
appeals to the U.S. Court of Appeals for
the Federal Circuit (‘‘Federal Circuit’’)
challenging various aspects of that
determination.
FOR FURTHER INFORMATION CONTACT:
Houda Morad, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–4716. 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
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: On March
6, 2019, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
SUMMARY:
E:\FR\FM\02NON1.SGM
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Agencies
[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60468-60469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23824]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1283]
Certain Composite Baseball and Softball Bats and Components
Thereof Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 27, 2021, under
section 337
[[Page 60469]]
of the Tariff Act of 1930, as amended, on behalf of Easton Diamond
Sports, LLC of Thousand Oaks, California. Supplements to the complaint
were filed on October 13 and October 18, 2021. The complaint, as
supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain composite
baseball and softball bats and components thereof by reason of
infringement of certain claims of U.S. Patent No. 6,997,826 (``the '826
Patent''). The complaint further alleges that an industry in the United
States exists as required by the applicable Federal Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at https://www.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 26, 2021, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-5, 9-12, 14-15, and 18-19 of the '826 Patent, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``composite baseball
and softball bats having a barrel formed by more than one cylindrical
layer of material'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is:
Easton Diamond Sports, LLC, 3500 Willow Lane, Thousand Oaks, CA 91361
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Juno Athletics LLC, 1000 Williams Boulevard, Unit 2703, Aventura, FL
33160
Monsta Athletics LLC, 1090 5th Street, Suite 115, Calimesa, CA 92320
Proton Sports Inc., 7904 East Chaparral Road, Suite A110, Scottsdale,
AZ 85250
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party to this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: October 27, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-23824 Filed 11-1-21; 8:45 am]
BILLING CODE 7020-02-P