[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Notices]
[Page 38330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15717]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-Ta-823 (Advisory Opinion Proceeding)]
Certain Kinesiotherapy Devices and Components Thereof; Commission
Decision To Adopt a Report Issued by the Office of Unfair Import
Investigations as an Advisory Opinion
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 decided to adopt the report prepared by the Office of
Unfair Import Investigations (``OUII'') as the Commission's advisory
opinion in the above-captioned proceeding.
FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, 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 this investigation
on January 10, 2012, based on a complaint filed by Standard Innovation
Corporation of Ottawa, ON, Canada and Standard Innovation (US) Corp. of
Wilmington, Delaware (collectively, ``Standard Innovation''). 77 FR
1504-05 (Jan. 10, 2012). The complaint alleged violations of section
337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), by reason
of infringement of certain claims of United States Patent Nos.
7,931,605 (``the '605 patent'') and D605,779 (``the '779 patent''). The
complaint named twenty-one business entities as respondents, including
Lelo Inc. and Leloi AB (collectively, ``Lelo''). On July 25, 2012, the
Commission determined not to review an ID (Order No. 25) granting
complainants' motion to withdraw the '779 patent from the
investigation.
On June 17, 2013, the Commission issued its final determination
finding that Standard Innovation had proven a violation of section 337
based on the infringement of the asserted claims of the '605 patent.
Based on evidence of a pattern of violation and difficulty ascertaining
the source of the infringing products, the Commission issued a general
exclusion order against certain kinesiotherapy devices and components
thereof that infringe the asserted claims of the '605 patent. The
Commission also issued cease and desist orders against certain
respondents, including Lelo Inc.
On September 30, 2013, Lelo filed a request with the Commission
asking for institution of an advisory opinion proceeding to declare
that its new kinesiotherapy devices are not covered by the general
exclusion order or the cease and desist order issued against Lelo Inc.
Standard Innovation filed a response on November 12, 2013, opposing
Lelo's request.
On February 7, 2014, the Commission determined that Lelo's request
complied with the requirements for institution of an advisory opinion
proceeding under Commission Rule 210.79. The Commission therefore
determined to institute an advisory opinion proceeding and assigned the
proceeding to OUII. 79 FR 8731-32 (Feb.13, 2014). The Commission
assigned OUII the task of investigating and preparing a report
concerning Lelo's new kinesiotherapy devices, and it named Standard
Innovation and Lelo as parties to the proceeding.
On May 5, 2014, OUII issued a report concluding that the new
kinesiotherapy devices developed by Lelo are not covered by the general
exclusion order and cease and desist order against Lelo, Inc. issued in
the underlying investigation. In so doing, OUII concluded, inter alia,
that (1) Lelo met its burden of showing non-infringement with respect
to the claim term ``elongate outer arm;'' (2) Lelo failed to meet its
burden of showing non-infringement with respect to the claim element
``at least one of the inner and outer arms are generally tear-drop
shaped.'' On May 15, 2014, Standard Innovation and Lelo filed comments
on the report prepared by OUII. On May 22, 2014, Standard Innovation
and Lelo filed replies to the comments.
After reviewing the report and the submissions of Standard
Innovation and Lelo, the Commission has decided to adopt the report
issued by OUII as its advisory opinion in this proceeding.
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: June 30, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-15717 Filed 7-3-14; 8:45 am]
BILLING CODE 7020-02-P