[Federal Register Volume 78, Number 84 (Wednesday, May 1, 2013)]
[Notices]
[Pages 25475-25476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10216]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-879]


Certain Sleep-Disordered Breathing Treatment Systems and 
Components Thereof: Institution of Investigation Pursuant to 19 U.S.C. 
1337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on March 28, 2013, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
ResMed Corporation of San Diego, California; ResMed Incorporated of San 
Diego, California; and ResMed Limited of Australia. A letter 
supplementing the Complaint was filed on April 19, 2013. 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 sleep-disordered breathing 
treatment systems and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 6,216,691 (``the '691 patent''), U.S. 
Patent No. 6,935,337 (``the '337 patent''), U.S. Patent No. 7,159,587 
(``the '587 patent''), U.S. Patent No. 7,487,772 (``the '772 patent''), 
U.S. Patent No. 7,614,398 (``the '398 patent''), U.S. Patent No. 
7,743,767 (``the '767 patent''), and U.S. Patent No. 7,997,267 (``the 
'267 patent''). The 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.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. 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 
http:[sol][sol]www.usitc.gov. The public record for this investigation 
may be viewed on the Commission's electronic docket (EDIS) at 
http:[sol][sol]edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2012).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on April 24, 2013, 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 sleep-
disordered breathing treatment systems and components thereof that 
infringe one or more of claims 1, 2, 4, 5, 17 and 28 of the '691 
patent; claims 1 and 20 of the '337 patent; claim 15 of the '587 
patent; claims 1, 5, 6, 11, 12, 18-20, 35 and 36 of the '772 patent; 
claims 1-7 of the '398 patent; claims 59, 60, 63, 72-75 of the '767 
patent; and claims 17, 21-24, 29, 32-37 of the '267 patent, and whether 
an industry in the United States exists as required by subsection 
(a)(2) of section 337;
    (2) 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 complainants are:
ResMed Corporation, 9001 Spectrum Center Drive, San Diego, CA 92123.
ResMed Incorporated, 9001 Spectrum Center Drive, San Diego, CA 92123.
ResMed Limited, 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, 
Australia.
    (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:

Apex Medical Corporation, No. 9, Min Sheng Street, Tu-Cheng, New Taipei 
City, 23679, Taiwan.
Apex Medical USA Corporation, 615 North Berry Street, Suite D, Brea, 
California 92821.
Medical Depot Incorporated, d/b/a Drive Medical Design & Manufacturing, 
99 Seaview Boulevard, Suite 210, Port Washington, New York 11050.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) 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(d)-(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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

[[Page 25476]]

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.

    Issued: April 25, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-10216 Filed 4-30-13; 8:45 am]
BILLING CODE 7020-02-P