Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 71603-71604 [2023-22894]
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Notices
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: October 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–22891 Filed 10–16–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1265
(Enforcement Proceeding)]
Certain Fitness Devices, Streaming
Components Thereof, and Systems
Containing Same; Notice of Institution
of an Enforcement Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has instituted an
enforcement proceeding relating to the
remedial orders issued on March 8,
2023, in the above-referenced
investigation.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. 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: The
Commission instituted the original
investigation on May 19, 2021, based on
a complaint filed on behalf of DISH DBS
Corporation of Englewood, Colorado;
DISH Technologies L.L.C., of
Englewood, Colorado; and Sling TV
L.L.C., of Englewood, Colorado
(collectively, ‘‘DISH’’). 86 FR 27106–07
(May 19, 2021). The complaint alleged
violations of section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
(‘‘section 337’’), in the importation into
the United States, the sale for
importation, or the sale within the
United States after importation of
certain fitness devices, streaming
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SUMMARY:
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17:02 Oct 16, 2023
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components thereof, and systems
containing same by reason of
infringement of certain claims of U.S.
Patent Nos. 9,407,564 (‘‘the ’564
patent’’); 10,951,680 (‘‘the ’680 patent’’);
10,469,554 (‘‘the ’554 patent’’);
10,469,555 (‘‘the ’555 patent’’); and
10,757,156 (‘‘the ’156 patent’’). Id. at
27106. The notice of investigation
named, among others, ICON Health &
Fitness, Inc.; FreeMotion Fitness, Inc.;
and NordicTrack, Inc., all of Logan,
Utah (collectively, ‘‘iFIT Respondents’’)
as respondents. Id. The Commission’s
Office of Unfair Import Investigations
(‘‘OUII’’) also was named as a party in
this investigation. Id.
Prior to the issuance of the final
initial determination (‘‘ID’’) in the
original investigation, the notice of
investigation was amended to change
the name of ICON Health & Fitness, Inc.
to iFIT Inc. Order No. 14 (Nov. 4, 2021),
unreviewed by Comm’n Notice (Dec. 6,
2021), 86 FR 70532 (Dec. 10, 2021). The
investigation was also terminated in
part as to all asserted claims of the ’680
patent and certain claims of the other
asserted patents. Order No. 15 (Nov. 19,
2021), unreviewed by Comm’n Notice
(Dec. 20, 2021); Order No. 21 (Mar. 3,
2022), unreviewed by Comm’n Notice
(Mar. 23, 2022).
On September 9, 2022, the Chief
Administrative Law Judge (‘‘CALJ’’)
issued the final ID in the original
investigation, which finds that the iFIT
Respondents, among others, violated
section 337. On November 18, 2022, the
Commission determined to review the
final ID in part. See Comm’n Notice
(Nov. 18, 2022), 87 FR 72510, 72510–12
(Nov. 25, 2022).
On March 8, 2023, the Commission
affirmed with certain modifications the
final ID’s findings that there was a
violation of section 337 by the iFIT
Respondents as to claims 16, 17, and 20
of the ’554 patent; claims 10, 11, 14, and
15 of the ’555 patent; and claims 1 and
4 of the ’156 patent, and reversed the
final ID’s finding of a violation as to the
’564 patent. See Comm’n Notice (Mar. 8,
2023); Comm’n Op. (Mar. 23, 2023)
(Public Version). The Commission
determined that the appropriate form of
relief was a limited exclusion order
(‘‘LEO’’) and cease and desist orders
(‘‘CDOs’’) against the iFIT Respondents,
among others. Comm’n Notice (Mar. 8,
2023), 88 FR 15736–38 (Mar. 14, 2023).
On May 5, 2023, the Commission
modified the remedial orders. Comm’n
Notice (May 5, 2023), 88 FR 30158–160
(May 10, 2023).
On September 11, 2023, DISH filed a
complaint requesting that the
Commission institute an enforcement
proceeding under Commission Rule
PO 00000
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Fmt 4703
Sfmt 4703
71603
210.75, 19 CFR 210.75, to investigate
alleged violations of the LEO and CDOs
by the iFIT Respondents as to claims 16,
17, and 20 of the ’554 patent and claims
10, 11, 14, and 15 of the ’555 patent.
Having examined the enforcement
complaint and the supporting
documents, the Commission has
determined to institute an enforcement
proceeding, pursuant to Commission
Rule 210.75(a), 19 CFR 210.75(a), to
determine whether a violation of the
LEO and CDOs issued on March 8, 2023,
in the original investigation has
occurred and to determine what, if any,
enforcement measures are appropriate.
The named respondents are the iFIT
Respondents. OUII is also named as a
party.
The Commission vote for this
determination took place on October 11,
2023.
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.
Dated: October 11, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–22793 Filed 10–16–23; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of 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 a complaint
Certain Mobile Phones, Components
Thereof, and Products Containing Same,
DN 3698; 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.
SUMMARY:
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 FURTHER INFORMATION CONTACT:
E:\FR\FM\17OCN1.SGM
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71604
Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Notices
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
Telefonaktiebolaget LM Ericsson on
October 11, 2023. 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 mobile phones, components
thereof, and products containing same.
The complaint names as respondents:
Motorola Mobility LLC of Chicago, IL;
Lenovo (United States) Inc. of
Morrisville, NC; Lenovo Group Limited
of Hong Kong; and Motorola (Wuhan)
Mobility Technologies Communication
Co., LTD. of China. 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 § 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,
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17:02 Oct 16, 2023
Jkt 262001
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, notwithstanding § 201.14(a)
of the Commission’s Rules of Practice
and Procedure. 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.
3698’’) 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
1 Handbook
for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_
filing_procedures.pdf.
PO 00000
Frm 00078
Fmt 4703
Sfmt 4703
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: October 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–22894 Filed 10–16–23; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[OMB Number 1140–0080]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Extension of a
Previously Approved Collection;
Notification of Change of Mailing or
Premise Address
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 60-Day notice.
AGENCY:
The Bureau of Alcohol,
Tobacco, Firearms and Explosives
(ATF), Department of Justice (DOJ), will
be submitting the following information
collection request to the Office of
SUMMARY:
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
E:\FR\FM\17OCN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Notices]
[Pages 71603-71604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22894]
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INTERNATIONAL TRADE COMMISSION
Notice of Receipt of 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 a complaint Certain Mobile Phones, Components
Thereof, and Products Containing Same, DN 3698; 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 accessed on the Commission's Electronic Document
Information System (EDIS) at https://edis.usitc.gov.
[[Page 71604]]
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 Telefonaktiebolaget LM
Ericsson on October 11, 2023. 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 mobile
phones, components thereof, and products containing same. The complaint
names as respondents: Motorola Mobility LLC of Chicago, IL; Lenovo
(United States) Inc. of Morrisville, NC; Lenovo Group Limited of Hong
Kong; and Motorola (Wuhan) Mobility Technologies Communication Co.,
LTD. of China. 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, notwithstanding Sec. 201.14(a)
of the Commission's Rules of Practice and Procedure. 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. 3698'') 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: October 12, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-22894 Filed 10-16-23; 8:45 am]
BILLING CODE 7020-02-P
