[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27187-27188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11383]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-562 (Enforcement--Remand)]
Certain Incremental Dental Positioning Adjustment Appliances and
Methods of Producing Same Termination of Investigation on the Basis of
a Settlement Agreement
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 the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 76)
granting a joint motion to terminate the above-captioned investigation
on the basis of a settlement agreement. The Commission has terminated
the investigation.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 708-2532. 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 in this matter on February 15, 2006, based on a complaint
filed by Align Technology, Inc. (``Align'') of Santa Clara, California
(now of San Jose, California). 71 FR 7995-96. The complaint alleged
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain incremental dental positioning adjustment appliances by reason
of infringement of certain patents. The complaint also alleged a
violation of section 337 by reason of misappropriation of trade
secrets. The Commission's notice of investigation named OrthoClear,
Inc. of San Francisco, California; OrthoClear Holdings, Inc. of
Tortola, British Virgin Islands; and OrthoClear Pakistan Pvt, Ltd. of
Lahore, Pakistan as respondents. On November 13, 2006, the Commission
issued notice of its determination not to review the ALJ's initial
determination granting Align's and the respondents' joint motion to
terminate the investigation based on a consent order.
On March 1, 2012, Align filed a complaint for an enforcement
[[Page 27188]]
proceeding under Commission Rule 210.75, and filed a corrected
complaint on March 22, 2012. On April 25, 2012, the Commission
determined that the criteria for institution of an enforcement
proceeding were satisfied and instituted an enforcement proceeding,
naming the following six respondents, which were alleged to be bound by
the consent order: ClearCorrect Operating, LLC of Houston, Texas;
ClearCorrect Pakistan (Private), Ltd. of Lahore, Pakistan; and Mudassar
Rathore, Waqas Wahab, Nadeem Arif, and Asim Waheed (``Enforcement
Respondents''). 77 Fed. Reg. 25747 (May 1, 2012).
On November 28, 2012, the ALJ issued Order No. 57, and found that
the accused digital datasets at issue in the enforcement proceeding
fall within the scope of the term ``articles'' in the consent order. On
January 4, 2013, the Commission determined to review and reverse Order
No. 57. 78 FR 2282-83 (Jan. 10, 2013). The Commission terminated the
enforcement proceeding with a finding of no violation of the consent
order. Id. Upon Align's appeal, the Federal Circuit held that Order No.
57 was not reviewable as an ID under the Commission's rules. Align
Tech., Inc. v. Int'l Trade Comm'n, 771 F.3d 1317, 1324-25 (Fed. Cir.
2014). The Court vacated the Commission's determination to review and
reverse Order No. 57, and remanded the case to the Commission for
further proceedings consistent with the Court's opinion. Id. at 1326.
On November 24, 2014, the Commission issued a notice to remand the
investigation to the Chief Administrative Law Judge for assignment to a
presiding ALJ to resume enforcement proceedings.
On April 6, 2015, Align and the Enforcement Respondents filed a
joint motion to terminate the enforcement proceeding on the basis of an
agreement between the parties. The Commission investigative attorney
filed a response in support of the motion. On April 8, 2015, the ALJ
granted the motion as the subject ID (Order No. 76). The ID found that
granting the motion is in the public interest. Order No. 76 at 1-2; see
19 CFR 210.50(b)(2).
No petitions for review were filed. The Commission has determined
not to review the ID. The Commission has terminated the investigation.
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).
Issued: May 6, 2015.
By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-11383 Filed 5-11-15; 8:45 am]
BILLING CODE 7020-02-P