[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Notices]
[Pages 72735-72736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29669]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-972]
Certain Automated Teller Machines, ATM Modules, Components
Thereof, and Products Containing the Same; Institution of Investigation
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 October 19, 2015, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Diebold, Incorporated of North Canton, Ohio and Diebold Self-Service
Systems of North Canton, Ohio. A supplement to the complaint was filed
November 6, 2015. The complaint 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
automated teller machines, ATM modules, components thereof, and
products containing the same by reason of infringement of certain
claims of U.S. Patent No. 6,082,616 (``the '616 Patent''); U.S. Patent
No. 7,121,461 (``the '461 Patent''); U.S. Patent No. 7,229,010 (``the
'010 Patent''); U.S. Patent No. 7,249,761 (``the '761 Patent''); U.S.
Patent No. 7,314,163 (``the '163 Patent''); and U.S. Patent No.
7,832,631 (``the '631 Patent''). The complaint further alleges that an
industry in the United States exists as required by subsection (a)(2)
of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The 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
[[Page 72736]]
(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 Docket Services, U.S.
International Trade Commission, telephone (202) 205-1802.
SUPPLEMENTARY INFORMATION:
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 complaint, the U.S.
International Trade Commission, on November 16, 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 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 automated
teller machines, ATM modules, components thereof, and products
containing the same by reason of infringement of one or more of claims
1, 2, 5-8, 10, 16-18, 20, 22, 23, 26, and 27 of the '616 patent; claims
1-8, 12-18, and 21-27 of the '461 patent; claims 1-15, 18-20, 22-26,
and 28-30 of the '010 patent; claims 1-4, 6, 14, 15, and 19 of the '761
patent; claims 1-5 and 13-24 of the '163 patent; and claims 1-8 and 12-
20 of the '631 patent, and whether an industry in the United States
exists as required by subsection (a)(2) of section 337;
(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 complainants are:
Diebold, Incorporated, 5995 Mayfair Road, North Canton, OH 44720.
Diebold Self-Service Systems, 5995 Mayfair Road, North Canton, OH
44720.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Nautilus Hyosung Inc., 281 Gwangpyeong-ro, Gangnam-gu Gu, Seoul,
Republic of Korea.
Nautilus Hyosung America Inc., 6641 N. Beltline Road, Suite 100,
Irving, TX 75061.
HS Global, Inc., 381 Thor Pl., Brea, CA 92821.
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the 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 complaint and the notice
of investigation. Extensions of time for submitting responses to the
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 complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the 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 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: November 17, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-29669 Filed 11-19-15; 8:45 am]
BILLING CODE 7020-02-P