[Federal Register Volume 81, Number 79 (Monday, April 25, 2016)]
[Notices]
[Pages 24128-24129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09508]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-992]
Certain Height-Adjustable Desk Platforms and Components Thereof;
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.
[[Page 24129]]
International Trade Commission on March 18, 2016, under section 337 of
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Varidesk LLC of Coppell, Texas. A supplement to the complaint was filed
on April 1, 2016. The 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 height-adjustable desk platforms and components
thereof by reason of infringement of certain claims of U.S. Patent No.
9,113,703 (``the '703 patent'') and U.S. Patent No. 9,277,809 (``the
'809 patent''). The complaint, as supplemented, further alleges that an
industry in the United States exists and/or is in the process of being
established as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, as supplemented, 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 Docket Services, U.S.
International Trade Commission, telephone (202) 205-1802.
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 April 19, 2016, 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 height-
adjustable desk platforms and components thereof by reason of
infringement of one or more of claims 1-2, 4, 6-8, and 10-11 of the
'703 patent and claims 1-2, 5-18, and 22-26 of the '809 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 complainant is: Varidesk LLC, 117 Wrangler Drive, Coppell,
TX 75019.
(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:
Nortek, Inc., 500 Exchange Street, Providence, RI 02903.
Ergotron, Inc., 1181 Trapp Road, St. Paul, MN 55121.
(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: April 20, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-09508 Filed 4-22-16; 8:45 am]
BILLING CODE 7020-02-P