[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Notices]
[Pages 76858-76859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30115]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-890]
Certain Sleep-Disordered Breathing Treatment Systems and
Components Thereof; Commission Determination Not To Review an Initial
Determination Granting an Unopposed Motion of Complainants Resmed
Corp., Resmed Inc., and Resmed Ltd. To Amend the Complaint
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 not to review an initial determination
(``ID'') (Order No. 4) of the presiding administrative law judge
granting an unopposed motion of complainants Resmed Corp., Resmed Inc.,
and Resmed Ltd. to amend the complaint in the above-captioned
investigation.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3065. 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 (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 this investigation
on Friday, August 23, 2013, based on a complaint filed on July 19,
2013, on behalf of ResMed Corp. of San Diego, California; ResMed Inc.
of San Diego, California; and ResMed Ltd. of Bella Vista, Australia
(collectively, ``Complainants''). 78 FR 52563 (August 23, 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 infringement of one or more of claims 32-37, 53, 79, 80, and 88 of
U.S. Patent No. 7,997,267; claims 1-7 of U.S. Patent No. 7,614,398;
claim 1 of U.S. Patent No. 7,938,116; claims 30, 37, and 38 of U.S.
Patent No. 7,341,060; claims 1, 3, 5, 11, 28, 30, 31, and 56 of U.S.
Patent No. 8,312,883; claims 13, 15, 16, 26-28, 51, 52, and 55 of U.S.
Patent No. 7,926,487; claims 1, 3, 6, 7, 9, 29, 32, 35, 40, 42, 45, 50,
51, 56, 59, 89, 92, 94, and 96 of U.S. Patent No. 7,178,527; and claims
19-24, 26, 29-36, and 39-41 of U.S. Patent No. 7,950,392. The
Commission's notice of investigation named as respondents BMC Medical
Co., Ltd. of Beijing, China; 3B Medical, Inc. of Lake Wales, Florida;
and 3B Products, L.L.C. of Lake Wales, Florida (collective, ``the
Respondents''). A Commission investigative attorney (``IA'') is also
participating in this investigation.
On October 30, 2013, Complainants filed an unopposed motion to
amend the Complaint to correct an error in its allegations regarding
the domestic industry. The motion stated that neither the Respondents
nor the IA opposed the motion to amend. On November 21, 2013, the ALJ
issued an ID, finding good cause shown and granting Complainants'
motion. There were no petitions for review.
Having considered the ID, the Commission has determined not to
review the subject ID.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and Sec. 210.42 of
the Commission's Rules
[[Page 76859]]
of Practice and Procedure (19 CFR 210.42).
By order of the Commission.
Issued: December 13, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-30115 Filed 12-18-13; 8:45 am]
BILLING CODE 7020-02-P