[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Notices]
[Pages 20672-20673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08060]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-985]
Certain Surgical Stapler Devices and Components Thereof;
Commission Decision Not To Review an Initial Determination Terminating
the Investigation in Its Entirety Based on a Consent Order Stipulation
and Proposed Consent Order; Issuance of Consent Order; 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 not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 4),
granting a joint motion to terminate the investigation based on a
consent order stipulation and proposed consent order in the above-
captioned investigation. The consent order is issued and the
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
[[Page 20673]]
708-2301. 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 TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on February 16, 2016, based on a complaint filed by Covidien LP of
Mansfield, Massachusetts (``Covidien''). 81 FR 7830-31 (Feb. 16, 2016).
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, or the sale within the United States
after importation of surgical stapler devices and components thereof,
by reason of infringement of certain claims of U.S. Patent Nos.
6,669,073; 8,342,377; and 6,079,606. The notice of investigation named
Chongqing QMI Surgical Co., Ltd. of Chongqing, China (``QMI'') as
respondent. The Office of Unfair Import Investigations was also named
as a party.
On March 1, 2016, Covidien and QMI jointly moved for termination of
the investigation in its entirety based on a consent order stipulation
and proposed consent order. See 19 CFR 210.21(c). On March 10, 2016,
the Commission investigative attorney responded in support of the
motion. No other responses were submitted.
On March 10, 2016, the ALJ issued the subject ID, granting the
joint motion. The ID finds that the consent order stipulation and
proposed consent order comply with Commission rules, see 19 CFR
210.21(c)(3)-(c)(4), and that granting the motion would not adversely
affect the public interest, id. Sec. 210.50(b)(2). ID at 2-4.
No petitions for review of the ID were filed.
The Commission has determined not to review the ID and to issue the
consent order.
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 4, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-08060 Filed 4-7-16; 8:45 am]
BILLING CODE 7020-02-P