International Trade Commission April 2012 – Federal Register Recent Federal Regulation Documents

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 24) of the presiding administrative law judge (``ALJ'') terminating the investigation based upon withdrawal of the complaint.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 13, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Pragmatus AV, LLC of Alexandria, Virginia. A letter supplementing the complaint was filed on March 30, 2012. 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 consumer electronics, including mobile phones and tablets, by reason of infringement of certain claims of U.S. Patent No. 5,854,893 (``the `893 patent''); U.S. Patent No. 6,237,025 (``the `025 patent''); U.S. Patent No. 7,054,904 (``the `904 patent''); U.S. Patent No. 7,185,054 (``the `054 patent''); and U.S. Patent No. 7,206,809 (``the `809 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 16, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Emerson Electric Co. of St. Louis, Missouri. A letter supplementing the complaint was filed on March 29, 2012. The complaint 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 food waste disposers and components and packaging thereof by reason of (1) Infringement of the claim of U.S. Patent No. D535,850 (``the `850 patent''); (2) infringement of U.S. Trademark Registration No. 2,518,010 and common law trademarks; (3) unfair competition by passing off; (4) trademark dilution; and (5) trade dress infringement. The complaint further alleges that an industry in the United States exists as required by subsections (a)(1)(A) and (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 12, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of LSI Corporation of Milpitas, California and Agere Systems Inc. of Allentown, Pennsylvania. Supplements to the Complaint were received on March 21, 26, and 28, 2012. An amended complaint was filed on March 28, 2012. The amended complaint 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 audiovisual components and products containing the same by reason of infringement of certain claims of U.S. Patent No. 5,870,087 (``the `087 patent''); U.S. Patent No. 6,452,958 (``the `958 patent''); U.S. Patent No. 6,707,867 (``the `867 patent''); and U.S. Patent No. 6,982,663 (``the `663 patent''). The amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 47) granting a joint motion to terminate the investigation in its entirety based on a settlement agreement. The investigation is hereby terminated.

Notice is hereby given that the U.S. International Trade Commission is requesting briefing on remedy, the public interest, and bonding with respect to relief against respondent Aiptek International Inc. (``Aiptek'') of Hsinchu, Taiwan, which was previously found in default in the above-captioned investigation.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 6, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Fabri-Kal Corporation of Kalamazoo, Michigan. A supplement to the complaint was filed on March 20, 2012. 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 food containers, cups, plates, cutlery, and related items and packaging thereof by reason of infringement of U.S. Trademark Registration No. 3,021,945 (``the `945 trademark''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 7, 2012, and an amended complaint was filed with the U.S. International Trade Commission on March 2, 2012 and a supplement was filed on March 15, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Immersion Corporation of San Jose, California. The amended complaint 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 mobile electronic devices incorporating haptics by reason of infringement of certain claims of U.S. Patent No. 6,429,846 (``the `846 patent''); U.S. Patent No. 7,592,999 (``the `999 patent''); U.S. Patent No. 7,969,288 (``the `288 patent''); U.S. Patent No. 7,982,720 (``the `720 patent''); U.S. Patent No. 8,031,181 (``the `181 patent''); and U.S. Patent No. 8,059,105 (``the `105 patent''). The amended complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 1, 2012, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Align Technology, Inc. of San Jose, California. On March 22, 2012, Align filed a ``corrected'' complaint. The complaint, as corrected, 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 digital models, digital data, and treatment plans for use in making incremental dental positioning adjustment appliances, the appliances made therefrom, and methods of making the same by reason of infringement of certain claims of U.S. Patent No. 6,217,325 (``the `325 patent''); U.S. Patent No. 6,705,863 (``the `863 patent''); U.S. Patent No. 6,626,666 (``the `666 patent''); U.S. Patent No. 8,070,487 (``the `487 patent''); U.S. Patent No. 6,471,511 (``the `511 patent''); U.S. Patent No. 6,722,880 (``the `880 patent''); and U.S. Patent No. 7,134,874 (``the `874 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue cease and desist orders.

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Computer and Computer Peripheral Devices and Components Thereof and Products Containing the Same, DN 2889; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

The Commission hereby gives notice that it has instituted a review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)) (the Act) to determine whether revocation of the antidumping duty order on certain seamless carbon and alloy steel standard, line, and pressure pipe (``seamless pipe'') from Germany would be likely to lead to continuation or recurrence of material injury. Pursuant to section 751(c)(2) of the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission; \1\ to be assured of consideration, the deadline for responses is May 2, 2012. Comments on the adequacy of responses may be filed with the Commission by June 15, 2012. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207), as most recently amended at 74 FR 2847 (January 16, 2009).