[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Notices]
[Page 25747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10367]
[[Page 25747]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-562]
Certain Incremental Dental Positioning Adjustment Appliances and
Methods of Producing Same; Notice of Institution of Formal Enforcement
Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has instituted a formal enforcement proceeding relating to
the November 13, 2006, consent order issued in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3061. Copies of all
nonconfidential documents filed in connection with this investigation
are or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone 202-205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov/.
Hearing-impaired persons are advised that information on the matter can
be obtained by contacting the Commission's TDD terminal on 202-205-
1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the underlying
investigation in this matter on February 15, 2006, based on a complaint
filed by Align Technology, Inc. (``Align'') of Santa Clara, California
(now of San Jose, California). 71 FR 7995-96. The complaint alleged
violations of section 337 of the Tariff Act of 1930, as amended, 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 incremental dental positioning adjustment appliances by reason
of infringement of certain claims of U.S. Patent Nos. 6,685,469;
6,450,807; 6,394,801; 6,398,548; 6,722,880 (``the '880 patent'');
6,629,840; 6,699,037; 6,318,994; 6,729,876; 6,602,070; 6,471,511 (``the
'511 patent''); and 6,227,850. The complaint also alleged a violation
of section 337 by reason of misappropriation of trade secrets. The
Commission's notice of investigation named OrthoClear, Inc. of San
Francisco, California; OrthoClear Holdings, Inc. of Tortola, British
Virgin Islands; and OrthoClear Pakistan Pvt, Ltd. of Lahore, Pakistan
as respondents. On July 11, 2006, the ALJ granted Align's motion to
terminate the investigation as to the '807 patent, which the Commission
determined not to review. Order No. 10 (July 11, 2006), Notice of Non-
Review (July 20, 2006).
On November 13, 2006, the Commission issued notice of its
determination not to review the presiding administrative law judge's
initial determination granting Align's and respondents' joint motion to
terminate the investigation as to respondents (and in its entirety)
based on a consent order. The consent order prohibits the importing,
offering for sale, and selling for importation in the United States
incremental dental positioning adjustment appliances and any other
articles that infringe the asserted patents or that contain or use the
asserted trade secrets.
On March 1, 2012, Align filed a complaint for enforcement
proceedings under Commission Rule 210.75. On March 22, 2012, Align
filed a corrected complaint for enforcement. Align asserts that the
successors and bound officers of the original respondents have violated
the November 13, 2006, consent order by the continued practice of
prohibited activities such as importing, offering for sale, and selling
for importation into the United States incremental dental positioning
adjustment appliances and other related products that infringe the '511
and '880 patents. On March 23, 2012, counsel for proposed respondent
ClearCorrect Operating, LLC (``ClearCorrect USA'') submitted a letter
opposing institution of the enforcement proceeding. On March 28, 2012,
Align responded to ClearCorrect USA's submission.
Having examined the complaint seeking a formal enforcement
proceeding, and having found that the complaint complies with the
requirements for institution of a formal enforcement proceeding
contained in Commission rule 210.75, the Commission has determined to
institute formal enforcement proceedings to determine whether
ClearCorrect USA of Houston, Texas; ClearCorrect Pakistan (Private),
Ltd. (``ClearCorrect Pakistan'') of Lahore, Pakistan; and Mudassar
Rathore, Waqas Wahab, Nadeem Arif, and Asim Waheed (``the bound
officers''), all c/o ClearCorrect Pakistan, are in violation of the
November 13, 2006, consent order issued in the investigation with
respect to the '511 and '880 patents, and what, if any, enforcement
measures are appropriate. The following entities are named as parties
to the formal enforcement proceeding: (1) Align; (2) respondents
ClearCorrect USA, ClearCorrect Pakistan, and the bound officers; and
(3) the Office of Unfair Import Investigations.
The Commission notes that the threshold issue appears to be whether
the accused digital datasets identified in the enforcement complaint
that are allegedly imported into the United States are within the scope
of the articles covered by the consent order. In instituting this
enforcement proceeding, the Commission has not made any determination
as to whether such digital datasets are within the scope of the consent
order sought to be enforced. Accordingly, the presiding administrative
law judge may wish to consider this issue at an early date. Any such
decision should be issued in the form of an initial determination
(``ID'') under Commission rule 210.42(c), 19 CFR 210.42(c). The ID will
become the Commission's final determination 45 days after the date of
service of the ID unless the Commission determines to review the ID.
Any such review will be conducted in accordance with Commission rules
210.43, 210.4, and 210.45, 19 CFR 210.43, 210.44, and 210.45.
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 section 210.75 of the Commission's Rules of Practice and Procedure
(19 CFR 210.75).
Issued: April 25, 2012.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-10367 Filed 4-30-12; 8:45 am]
BILLING CODE 7020-02-P