[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Notices]
[Pages 76320-76321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29887]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-879]


Advisory Opinion Proceeding; Certain Sleep-Disordered Breathing 
Treatment Systems and Components Thereof; Institution of an Advisory 
Opinion 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 determined to institute an advisory opinion proceeding 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office 
of the General Counsel, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2737. Copies of 
non-confidential 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 at 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 this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the underlying 
investigation on April 25, 2013, based on a complaint filed on March 
28, 2013, and supplemented on April 19, 2013, on behalf of ResMed Corp. 
of San Diego, California; ResMed Inc. of San Diego, California; and 
ResMed Ltd. of Australia (collectively, ``ResMed''). 78 FR 25475 (May 
1, 2013). The complaint alleged violations of Section 337 of the Tariff 
Act of 1930, as amended, 19 U.S.C. 1337, in the sale for importation, 
importation, or sale within the United States after importation of 
certain sleep-disordered breathing treatment systems and components 
thereof by reason of

[[Page 76321]]

infringement of claims 1, 2, 4, 5, 17, and 28 of U.S. Patent No. 
6,216,691, claims 1 and 20 of U.S. Patent No. 6,935,337, claim 15 of 
U.S. Patent No. 7,159,587, claims 1, 5, 6, 11, 12, 18-20, 35, and 36 of 
U.S. Patent No. 7,487,772, claims 1-7 of U.S. Patent No. 7,614,398, 
claims 59, 60, 63, and 72-75 of U.S. Patent No. 7,743,767, and claims 
17, 21-24, 29, and 32-37 of U.S. Patent No. 7,997,267. The Commission's 
notice of investigation named as respondents Apex Medical Corp. of New 
Taipei City, Taiwan and Apex Medical USA Corp. of Brea, California 
(collectively, ``Apex'') and Medical Depot Inc., d/b/a Drive Medical 
Design & Manufacturing of Port Washington, New York. The Office of 
Unfair Import Investigations participated in the investigation.
    Medical Depot Inc. and Apex were previously terminated from the 
investigation on the basis of consent orders. Order Nos. 8 (unreviewed 
by the Commission, July 18, 2013) and 11 (unreviewed by the Commission, 
Aug. 8, 2013).
    On September 23, 2013, Apex filed a request with the Commission 
asking for institution of an advisory opinion proceeding to declare 
that their redesigned sleep-disordered breathing treatment systems are 
not covered by the consent order. Apex also requests that the 
proceeding be conducted expeditiously. ResMed filed a response on 
October 18, 2013 opposing Apex's request.
    The Commission has determined that Apex's request complies with the 
requirements for institution of an advisory opinion proceeding under 
Commission rule 210.79. Accordingly, the Commission has determined to 
institute an advisory opinion proceeding and referred Apex's request to 
the Chief Administrative Law Judge to designate a presiding 
administrative law judge. The following entities are named as parties 
to the proceeding: (1) Complainant ResMed; (2) respondent Apex; (3) the 
Office of Unfair Import Investigations.
    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.

    Issued: December 11, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-29887 Filed 12-16-13; 8:45 am]
BILLING CODE 7020-02-P