Certain Bio-Layer Interferometers and Components Thereof; Notice of Commission Decision To Review in Part, and on Review To Affirm With Modification a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation, 54857-54858 [2024-14524]

Download as PDF Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / 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: June 26, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–14523 Filed 7–1–24; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1344] Certain Bio-Layer Interferometers and Components Thereof; Notice of Commission Decision To Review in Part, and on Review To Affirm With Modification a Final Initial Determination Finding No Violation of Section 337; Termination of the Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part a final initial determination (‘‘FID’’) of the presiding Administrative Law Judge (‘‘ALJ’’) finding no violation of section 337, and on review, to affirm the FID with modification. Accordingly, the investigation is terminated with a finding of no violation of section 337. 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. VerDate Sep<11>2014 17:34 Jul 01, 2024 Jkt 262001 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 November 29, 2022, the Commission instituted this investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based on a complaint filed by Sartorius Bioanalytical Instruments, Inc. (‘‘Sartorius’’) of Bohemia, New York. See 87 FR 73329–30 (Nov. 29, 2022). The complaint, as supplemented, alleges a violation 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 bio-layer interferometers and components thereof by reason of the infringement of certain claims of U.S. Patent Nos. 7,445,887 (‘‘the ’887 patent’’); 7,394,547 (‘‘the ’547 patent’’); 7,728,982 (‘‘the ’982 patent); and 8,305,585 (‘‘the ’585 patent’’). See id. The notice of investigation names Gator Bio, Inc. (‘‘Gator Bio’’) of Palo Alto, California as the sole respondent in the investigation. Id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. Id. The Commission previously terminated the investigation as to the ’547, ’982, and ’585 patents and claims 1–5, 7, 9–14, and 16–18 of the ’887 patent based on the withdrawal of the complaint as to those patents and claims. See Order No. 14 (May 15, 2023), unreviewed by Comm’n Notice (June 9, 2023); Order No. 26 (June 29, 2023), unreviewed by Comm’n Notice (July 20, 2023); Order No. 37 (Oct. 26, 2023), unreviewed by Comm’n Notice (Nov. 27, 2023). On March 8, 2024, the ALJ issued the FID finding no violation of section 337. Specifically, the FID finds that the accused products do not infringe claim 8 of the ’887 patent, and that the domestic industry products do not practice that claim, thus finding that the technical prong of the domestic industry requirement is not satisfied. The FID also finds that claim 8 of the ’887 patent is not invalid. The FID further finds, should the Commission find that the technical prong is satisfied, that the economic prong of the domestic industry requirement is satisfied with respect to the ’887 patent. On March 22, 2024, Sartorius petitioned for Commission review of the FID’s finding of no violation of section 337. Specifically, Sartorius requests Commission review of certain findings of the FID including with respect to: (1) PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 54857 importation and in rem jurisdiction; (2) whether the accused instruments are ‘‘articles that infringe’’; (3) claim construction; (4) non-infringement; and (5) non-satisfaction of the technical prong of the domestic industry requirement. On the same day, Gator Bio filed a contingent petition for review requesting review of certain FID’s findings including with respect to: (1) infringement; (2) invalidity; and (3) the domestic industry requirement (economic prong and technical prong). On April 3, 2024, the parties, including OUII, filed responses to the parties’ petitions. Having examined the record of this investigation, including the FID and the parties’ submissions, the Commission has determined to review in part and on review, to affirm with modification the FID’s determination of no violation of section 337. Specifically, as explained in the Commission Opinion filed concurrently herewith, the Commission has determined to review certain findings of the FID and, on review to: (1) take no position on the FID’s findings of no importation with respect to Gator Bio’s probes and kits; (2) vacate the FID’s findings of no in rem jurisdiction with respect to Gator Bio’s probes and kits; (3) find that Gator Bio’s instruments are not ‘‘articles that infringe’’ because the accused products do not infringe the asserted claim; (4) modify the claim construction of the preamble of claim 8, ‘‘assaying enzyme activity,’’ and the claim term ‘‘air gap’’; (5) affirm with modification the FID’s finding that the accused products do not infringe claim 8 of the ’887 patent; (6) affirm with modification the FID’s finding that the domestic industry products do not practice claim 8 of the ’887 patent, and thus Sartorius does not satisfy the technical prong of the domestic industry requirement; and (7) take no position as to the FID’s finding that Sartorius satisfies the economic prong of the domestic industry requirement. The Commission has determined not to review the remainder of the FID. Accordingly, the investigation is terminated with a finding of no violation of section 337. The Commission’s vote for this determination took place on June 26, 2024. 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. E:\FR\FM\02JYN1.SGM 02JYN1 54858 Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Notices Issued: June 26, 2024. Lisa Barton, Secretary to the Commission. [FR Doc. 2024–14524 Filed 7–1–24; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1110–0045] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Previously Approved Collection: Customer Satisfaction Assessment Federal Bureau of Investigation Laboratory, Department of Justice. ACTION: 60-Day notice. AGENCY: The Federal Bureau of Investigation Laboratory, Department of Justice (DOJ), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. DATES: Comments are encouraged and will be accepted for 60 days until September 3, 2024. FOR FURTHER INFORMATION CONTACT: If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact: Marsha Karas, 2501 Investigation Parkway, mkaras@fbi.gov or Lab_Cust_ Survey@fbi.gov, 703–632–7023. SUPPLEMENTARY INFORMATION: Written comments and suggestions from the SUMMARY: public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Statistics, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Abstract: This collection is a brief questionnaire regarding contributors’ satisfaction with the services provided by the Federal Bureau of Investigation Laboratory. This collection is needed to evaluate the quality of services provided by the Federal Bureau of Investigation Laboratory. The Federal Bureau of Investigation Laboratory is accredited by the ANSI National Accreditation Board (ANAB). A requirement for maintaining accreditation is to evaluate the level of service provided by the Federal Bureau of Investigation Laboratory to our customers. To meet this requirement the Federal Bureau of Investigation Laboratory is requesting its customers to complete and return the Customer Satisfaction Assessment. Overview of This Information Collection 1. Type of Information Collection: Revision of a currently approved collection. 2. The Title of the Form/Collection: Customer Satisfaction Assessment. 3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form number is FD–1000. The applicable component within the Department of Justice is the Federal Bureau of Investigation Laboratory Division (LD). 4. Affected public who will be asked or required to respond, as well as the obligation to respond: Affected Public: Respondents primarily include federal, state, tribal, and local law enforcement. Respondents also include the intelligence community, Department of Defense, and international police agencies personnel and/or crime laboratory personnel. The obligation to respond is voluntary. 5. The estimated number of respondents is 300/year. The time per response is 5 minutes to complete the form. 6. The estimated total annual burden associated with the collection is 25 hours. 7. An estimate of the total annual cost burden associated with the collection is $0. TOTAL BURDEN HOURS Number of respondents Activity lotter on DSK11XQN23PROD with NOTICES1 Ex: Survey (individuals or households) ............................... Unduplicated Totals ...................................................... If additional information is required contact: Darwin Arceo, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 4W–218, Washington, DC. 300 300 Frequency Total annual responses 1/annually ........................ Dated: June 24, 2024. Darwin Arceo, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2024–14534 Filed 7–1–24; 8:45 am] BILLING CODE 4410–02–P 300 300 Time per response Total annual burden (hours) 5 min .............. ........................ 25 25 DEPARTMENT OF JUSTICE [OMB Number 1110–0039] Agency Information Collection Activities; Proposed eCollection; eComments Requested; Extension of a Currently Approved Collection; FBI Bioterrorism Preparedness Act Entity/ Individual Information Criminal Justice Information Services (CJIS) Division, Federal Bureau of Investigation (FBI), Department of Justice (DOJ). AGENCY: VerDate Sep<11>2014 17:34 Jul 01, 2024 Jkt 262001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\02JYN1.SGM 02JYN1

Agencies

[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Notices]
[Pages 54857-54858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14524]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1344]


Certain Bio-Layer Interferometers and Components Thereof; Notice 
of Commission Decision To Review in Part, and on Review To Affirm With 
Modification a Final Initial Determination Finding No Violation of 
Section 337; Termination of the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part a final initial 
determination (``FID'') of the presiding Administrative Law Judge 
(``ALJ'') finding no violation of section 337, and on review, to affirm 
the FID with modification. Accordingly, the investigation is terminated 
with a finding of no violation of section 337.

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 
[email protected]. 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 November 29, 2022, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by Sartorius Bioanalytical Instruments, Inc. 
(``Sartorius'') of Bohemia, New York. See 87 FR 73329-30 (Nov. 29, 
2022). The complaint, as supplemented, alleges a violation 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 bio-layer interferometers and components thereof by reason of 
the infringement of certain claims of U.S. Patent Nos. 7,445,887 (``the 
'887 patent''); 7,394,547 (``the '547 patent''); 7,728,982 (``the '982 
patent); and 8,305,585 (``the '585 patent''). See id. The notice of 
investigation names Gator Bio, Inc. (``Gator Bio'') of Palo Alto, 
California as the sole respondent in the investigation. Id. The Office 
of Unfair Import Investigations (``OUII'') is also a party to the 
investigation. Id.
    The Commission previously terminated the investigation as to the 
'547, '982, and '585 patents and claims 1-5, 7, 9-14, and 16-18 of the 
'887 patent based on the withdrawal of the complaint as to those 
patents and claims. See Order No. 14 (May 15, 2023), unreviewed by 
Comm'n Notice (June 9, 2023); Order No. 26 (June 29, 2023), unreviewed 
by Comm'n Notice (July 20, 2023); Order No. 37 (Oct. 26, 2023), 
unreviewed by Comm'n Notice (Nov. 27, 2023).
    On March 8, 2024, the ALJ issued the FID finding no violation of 
section 337. Specifically, the FID finds that the accused products do 
not infringe claim 8 of the '887 patent, and that the domestic industry 
products do not practice that claim, thus finding that the technical 
prong of the domestic industry requirement is not satisfied. The FID 
also finds that claim 8 of the '887 patent is not invalid. The FID 
further finds, should the Commission find that the technical prong is 
satisfied, that the economic prong of the domestic industry requirement 
is satisfied with respect to the '887 patent.
    On March 22, 2024, Sartorius petitioned for Commission review of 
the FID's finding of no violation of section 337. Specifically, 
Sartorius requests Commission review of certain findings of the FID 
including with respect to: (1) importation and in rem jurisdiction; (2) 
whether the accused instruments are ``articles that infringe''; (3) 
claim construction; (4) non-infringement; and (5) non-satisfaction of 
the technical prong of the domestic industry requirement. On the same 
day, Gator Bio filed a contingent petition for review requesting review 
of certain FID's findings including with respect to: (1) infringement; 
(2) invalidity; and (3) the domestic industry requirement (economic 
prong and technical prong). On April 3, 2024, the parties, including 
OUII, filed responses to the parties' petitions.
    Having examined the record of this investigation, including the FID 
and the parties' submissions, the Commission has determined to review 
in part and on review, to affirm with modification the FID's 
determination of no violation of section 337. Specifically, as 
explained in the Commission Opinion filed concurrently herewith, the 
Commission has determined to review certain findings of the FID and, on 
review to: (1) take no position on the FID's findings of no importation 
with respect to Gator Bio's probes and kits; (2) vacate the FID's 
findings of no in rem jurisdiction with respect to Gator Bio's probes 
and kits; (3) find that Gator Bio's instruments are not ``articles that 
infringe'' because the accused products do not infringe the asserted 
claim; (4) modify the claim construction of the preamble of claim 8, 
``assaying enzyme activity,'' and the claim term ``air gap''; (5) 
affirm with modification the FID's finding that the accused products do 
not infringe claim 8 of the '887 patent; (6) affirm with modification 
the FID's finding that the domestic industry products do not practice 
claim 8 of the '887 patent, and thus Sartorius does not satisfy the 
technical prong of the domestic industry requirement; and (7) take no 
position as to the FID's finding that Sartorius satisfies the economic 
prong of the domestic industry requirement. The Commission has 
determined not to review the remainder of the FID. Accordingly, the 
investigation is terminated with a finding of no violation of section 
337.
    The Commission's vote for this determination took place on June 26, 
2024.
    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.


[[Page 54858]]


    Issued: June 26, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-14524 Filed 7-1-24; 8:45 am]
BILLING CODE 7020-02-P
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