[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Notices]
[Pages 53157-53158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19037]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-967]
Certain Document Cameras and Software for Use Therewith; Issuance
of a Limited Exclusion Order and Cease and Desist Order Against the
Respondent Found in Default; Termination of the 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 issued a limited exclusion order denying entry of
certain document cameras and software for use therewith and a cease and
desist order against QOMO HiteVision, LLC (``QOMO''). The investigation
is terminated.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S.
[[Page 53158]]
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2737. 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 this investigation
on September 24, 2015, based on a complaint filed on behalf of Pathway
Innovations & Technologies, Inc. of San Diego, California
(``Complainant''). 80 FR 57642 (September 24, 2015). The complaint
alleges violations of Section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, in the sale for importation, importation, or
sale within the United States after importation of certain document
cameras and software for use therewith by reason of infringement of
certain claims of U.S. Design Patent No. D647,906; U.S. Design Patent
No. D674,389; U.S. Design Patent No. D715,300; and U.S. Patent No.
8,508,751 (``the '751 patent''). The Commission's notice of
investigation named the following respondents: Recordex USA, Inc., of
Long Island City, New York (``Recordex''); QOMO of Wixom, Michigan; and
Adesso, Inc. of Walnut, California (``Adesso''). The Office of Unfair
Import Investigations was named as a party but has subsequently
withdrawn from the investigation. Adesso was terminated based on a
consent order stipulation and consent order. Order No. 5 (unreviewed)
(Nov. 23, 2015). QOMO was found to be in default. Order No. 10
(unreviewed) (Dec. 7, 2015). Recordex was terminated based on
settlement. Order No. 19 (unreviewed) (May 13, 2016).
On December 7, 2015, the Commission determined not to review an
initial determination finding QOMO in default and later requested
briefing from the parties and the public on the issues of remedy, the
public interest, and bonding. Complainant filed a submission requesting
a limited exclusion order (``LEO'') and a cease and desist order
(``CDO'') against QOMO, and arguing that none of the public interest
factors weighs against granting the LEO and CDO. Complainant requested
that QOMO not be afforded the opportunity to import during the period
of Presidential review, or in the alternative, that the bond be set at
100 percent of entered value in accordance with the Commission practice
for defaulting respondents.
The Commission finds that the statutory requirements for relief
under section 337(g)(1), (19 U.S.C. 1337(g)(1)) are met with respect to
QOMO. In addition the Commission finds that the public interest factors
enumerated in section 337(g)(1) do not preclude issuance of the
statutory relief.
The Commission has determined that the appropriate remedy in this
investigation is (1) an LEO prohibiting the unlicensed entry of certain
document cameras and software for use therewith that are manufactured
abroad by or on behalf of, or imported by or on behalf of, QOMO that
infringe one or more of claims 1-10, 12-18, and 20 of the '751 patent;
and (2) a CDO prohibiting QOMO from importing, selling, marketing,
advertising, distributing, transferring (except for exportation), and
soliciting United States agents or distributors for certain document
cameras and software for use therewith that infringe one or more of
claims 1-10, 12-18, and 20 of the '751 patent.
Finally, the Commission has determined that the bond during the
period of Presidential review pursuant to 19 U.S.C. 1337(j) shall be in
the amount of 100 percent of the entered value of the imported articles
that are subject to the LEO or CDO. The Commission's orders were
delivered to the President and to the United States Trade
Representative on the day of their issuance.
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: August 5, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-19037 Filed 8-10-16; 8:45 am]
BILLING CODE 7020-02-P