[Federal Register Volume 80, Number 122 (Thursday, June 25, 2015)]
[Notices]
[Pages 36576-36577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15575]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-959]
Certain Electric Skin Care Devices, Brushes and Chargers
Therefor, and Kits Containing the Same: Notice of Institution of
Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 30, 2015, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Pacific Bioscience Laboratories, Inc. of Redmond, Washington. A
supplement to the complaint was filed on May 18, 2015. An amended
complaint was filed on May 20, 2015. A supplement to the amended
complaint was filed on May 21, 2015. The amended complaint, as
supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain electric
skin care devices, brushes and chargers therefor, and kits containing
same by reason of infringement of certain claims of U.S. Patent No.
7,320,691 (``the '691 patent''); U.S. Patent No. 7,386,906 (``the '906
patent''); and U.S. Design Patent No. D523,809 (``the '809 patent''),
and that an industry in the United States exists as required by
subsection (a)(2) of section 337. The amended complaint, as
supplemented, further alleges violations of section 337 based upon the
importation into the United States, or in the sale of certain electric
skin care devices, brushes and chargers therefor, and kits containing
the same, by reason of trade dress infringement, the threat or effect
of which is to destroy or substantially injure an industry in the
United States.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order and cease and desist orders.
ADDRESSES: The amended complaint, except for any confidential
information contained therein, is 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., Room
112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(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.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
AUTHORITY: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2015).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on June 18, 2015, ordered
that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) Whether there is a violation of subsection (a)(1)(B) of section
337 in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain electric skin care devices, brushes and chargers therefor, and
kits containing same by reason of infringement of one or more of claims
1, 4-6, 12-16, 22, 31, 33, 39-42, 44-46, 49, 51, and 52 of the '691
patent; claims 1, 2, 4, 5, and 7-15 of the '906; the claim of the '809
patent, and whether an industry in the United States exists as required
by subsection (a)(2) of section 337;
(b) whether there is a violation of subsection (a)(1)(A) of section
337 in the importation into the United States, or in the sale of
certain electric skin care devices, brushes and chargers therefor, and
kits containing same by reason of trade dress infringement, the threat
or effect of which is to destroy or substantially injure an industry in
the United States;
(2) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Pacific Bioscience Laboratories, Inc.,
17275 NE 67th Court, Redmond, WA 98052.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Our Family Jewels, Inc., d/b/a Epip[uuml]r Skincare, 10226 S.
Dransfeldt Road, Parker, CO 80134.
Accord Media, LLC, d/b/a Truth in Aging, 241 West 36th Street, Apt.
16, New York, NY 10018.
Xnovi Electronic Co., Ltd., Room 915, GuanLiDa Mansion, QianJin 1st
Road, Zone 30 Bao'An, Shenzhen, China.
Michael Todd True Organics LP, 648 SW Port St. Lucie Blvd., Port
St. Lucie, FL 34953-1947.
MTTO LLC, 648 SW Port St. Lucie Blvd., Port St. Lucie, FL 34953-
1947.
Shanghai Anzikang Electronic Co., Ltd., 168 Ji Xin Road, Building
3, Room 401, Minhang District, Shanghai, China.
Nutra-Luxe M.D., LLC, 6835 International Center Blvd. Unit 5, Fort
Myers, FL 33912.
Beauty Tech, Inc., 1430 S. Dixie Hwy., Ste. 321, Coral Gables, FL
33146-3175.
Anex Corporation, C-304 Seoul Hightech Venture Center, 647-26,
Deungchon-dong, Gangseo-ku, Seoul, 157-030, Republic of Korea.
RN Ventures Ltd., Francis House, 10 Francis Street, London SW1P
1DE, United Kingdom.
Korean Beauty Co., Ltd., 10 F, Pluszone Bldg 700, Deungchon-Dong,
Gangseo-Gu, Seoul, Republic of Korea.
H2Pro BeautyLife, Inc., 1043 Segovia Cir., Placentia, CA 92870-
7137.
Serious Skin Care, Inc., 112 N. Curry St., Carson City, NV 89703-
4934.
Home Skinovations Inc., 100 Leek Crescent Unit 15, Richmond Hill,
ON L4B 3E6, Canada.
Home Skinovations Ltd., Tavor Building, Shaar Yokneam, Yokneam,
20692, Israel.
Wenzhou Ai Er Electrical, Technology Co., Ltd d/b/a CNAIER, 1#,
XiaSong Road, WanQuan Town, PingYang, ZheJiang, China.
Coreana Comestics Co., Ltd., 204-1 Jeongchon-ri, Seonggeo-eup,
Seobuk-gu, Cheonan-si,
[[Page 36577]]
Chungcheongnam-do, Republic of Korea.
Flageoli Classic Limited, 7310 Smoke Ranch Road, Las Vegas, NV
89128.
Jewlzie, 353 W 48th Street, #433, New York, NY 10001.
Unicos USA, Inc., 610 South Palm Street, #E, LaHabra, CA 90630.
Skincarebyalana, 34179 Golden Lantern Street, #101, Dana Point, CA
92629.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the amended complaint and the notice of investigation
must be submitted by the named respondents in accordance with section
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR
210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will
be considered by the Commission if received not later than 20 days
after the date of service by the Commission of the amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended complaint and the notice of investigation will
not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended complaint and this notice, and to authorize the
administrative law judge and the Commission, without further notice to
the respondent, to find the facts to be as alleged in the amended
complaint and this notice and to enter an initial determination and a
final determination containing such findings, and may result in the
issuance of an exclusion order or a cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: June 19, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-15575 Filed 6-24-15; 8:45 am]
BILLING CODE 7020-02-P