[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Notices]
[Pages 19640-19641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07875]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-833]
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: Commission
Determination to Affirm-In-Part, Modify-In-Part, and Reverse-In-Part
the Final Initial Determination and To Find a Violation of Section 337;
Issuance of Cease and Desist Orders; Termination of Investigation
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 affirm-in-part, modify-in-part, and
reverse-in-part the final initial determination (``final ID'' or
``ID''), and to find a violation of Section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``Section 337'') in the above-
captioned investigation. The Commission has issued cease and desist
orders.
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: This investigation was instituted on April
5, 2012, based upon a complaint filed on behalf of Align Technology,
Inc., of San Jose, California (``Align''), on March 1, 2012, as
corrected on March 22, 2012. 77 FR 20648 (April 5, 2012). The complaint
alleged violations of Section 337 in the sale for importation,
importation, or 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. 6,471,511 (``the `511 patent''); U.S. Patent
No. 6,626,666 (``the `666 patent''); U.S. Patent No. 6,705,863 (``the
`863 patent''); U.S. Patent No. 6,722,880 (``the `880 patent''); U.S.
Patent No. 7,134,874 (``the `874 patent''); and U.S. Patent No.
8,070,487 (the `487 patent''). The notice of institution named as
respondents ClearCorrect Pakistan (Private), Ltd. of Lahore, Pakistan
(``CCPK'') and ClearCorrect Operating, LLC of Houston, Texas (``CCUS'')
(collectively, ``the Respondents'').
On May 6, 2013, the presiding administrative law judge (``ALJ'')
issued the final ID, finding a violation of Section 337 with respect to
the `325 patent, the `880 patent, the `487 patent, the `511 patent,
`863 patent, and the `874 patent. He found no violation as to the `666
patent. The ALJ recommended the issuance of cease and desist orders
directed to the Respondents.
On May 20, 2013, each of the parties filed a petition for review.
On May 28, 2013, each of the parties filed a response thereto.
On June 5, 2013, Align filed a statement on the public interest. On
June 13, 2013, the Respondents filed a statement on the public
interest.
On June 16, 2013, the Commission issued notice of its determination
to extend the deadline for determining whether to review the final ID
to July 25, 2013.
On July 25, 2013, the Commission issued notice of its determination
to review the final ID in its entirety and to solicit briefing on the
issues on review and on remedy, the public interest, and bonding. 78 FR
46611 (August 1, 2013). On August 8, 2013, each of the parties filed
written submissions. On August 15, 2013, each filed reply submissions.
On September 24, 2013, the Commission issued notice of its
determination to extend the target date to November 1, 2013.
On November 18, 2013, the Commission issued notice of its
determination to extend the target date to January 17, 2014.
On January 17, 2014, the Commission determined to extend the target
date for completion of the above-captioned investigation to March 21,
2014, and to solicit additional briefing from the parties and the
public.
On March 21, 2014, the Commission issued notice of its
determination to extend the target date for completion of the
investigation to April 3, 2014.
After considering the ID and the relevant portions of the record,
and the submissions of the parties and the public, the Commission has
determined to affirm-in-part, modify-in-part, and reverse-in-part the
final ID and to find a violation of Section 337. The Commission has
issued its opinion setting forth the reasons for its determination.
Commissioner Johanson dissents and has filed a dissenting opinion.
Specifically, the Commission affirms the ALJ's conclusion that the
accused products are ``articles'' within the meaning of Section
337(a)(1)(B) and that the mode of bringing the accused products into
the United States constitutes importation of the accused products into
the United States pursuant to Section 337(a)(1)(B). The Commission has
determined to find a violation with respect to (i) claims 1 and 4-8 of
the `863 patent; (ii) claims 1, 3, 7, and 9 of the `666 patent; (iii)
claims
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1, 3, and 5 of the `487 patent; (iv) claims 21, 30, 31 and 32 of the
`325 patent; and (v) claim 1 of the `880 patent. The Commission has
issued cease and desist orders directed to CCUS and CCPK, with an
exemption for activities related to treatment of existing patients in
the United States. The investigation is hereby terminated.
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: April 3, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-07875 Filed 4-8-14; 8:45 am]
BILLING CODE 7020-02-P