[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Notices]
[Page 34874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15615]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-989 (Enforcement)]
Certain Automated Teller Machines, ATM Modules, Components
Thereof, and Products Containing the Same Commission Determination Not
To Review an Initial Determination Amending the Complaint and Notice of
Enforcement Proceeding To Reflect a Corporate Name Change
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined not to review an initial
determination (``ID'') (Order No. 46) amending the complaint and Notice
of Enforcement Proceeding to reflect a corporate name change.
FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-3427. 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 https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (``EDIS'') at https://edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal, telephone 202-205-1810.
SUPPLEMENTARY INFORMATION: On March 14, 2016, the Commission instituted
the original investigation based on a complaint filed by Nautilus
Hyosung Inc. (now Hyosung TNS Inc.) of Seoul, Republic of Korea, and
Nautilus Hyosung America Inc. of Irving, Texas (collectively,
``Nautilus''). 81 FR 13149 (Mar. 14, 2016). Pertinent to this action,
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 into the United States, 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 any of claims 1-3, 6, 8, and 9 of
U.S. Patent No. 8,523,235 (``the '235 patent''). Id. The complaint also
alleged infringement of claims 1-3 and 5 of U.S. Patent No. 7,891,551;
claims 1 and 6 of U.S. Patent No. 7,950,655; and claims 1-4, 6, and 7
of U.S. Patent No. 8,152,165. Those claims were subsequently terminated
from the investigation. See Order No. 11 (June 30, 2016), Comm'n Notice
of Non-Review (July 27, 2016); Order No. 17 (July 21, 2016), Comm'n
Notice of Non-Review (August 16, 2016). The notice of institution of
the investigation named Diebold Nixdorf, Incorporated and Diebold Self-
Service Systems, both of North Canton, Ohio (collectively,
``Diebold''), as respondents. 81 FR 13149; 82 FR 13501 (Mar. 13, 2017).
The Office of Unfair Import Investigations (``OUII'') was not named as
a party. 81 FR 13149.
On July 14, 2017, the Commission found a section 337 violation as
to the '235 patent and issued a limited exclusion order (``LEO'') as
well as cease and desist orders (``CDOs''). 82 FR 33513 (July 20,
2017). The LEO prohibits the unlicensed entry of automated teller
machines, ATM modules, components thereof, and products containing the
same that infringe one or more of claims 1-3, 6, 8, and 9 of the '235
patent that are manufactured by, or on behalf of, or are imported by or
on behalf of Diebold Nixdorf, Incorporated, Diebold Self-Service
Systems, or any of their affiliated companies, parents, subsidiaries,
agents, or other related business entities, or their successors or
assigns. Id. The CDOs prohibit, among other things, the importation,
sale, and distribution of infringing products by Diebold. Id.
On December 22, 2017, the Commission instituted the subject
enforcement proceeding based on a complaint filed by Nautilus, alleging
that Diebold violated the July 14, 2017, remedial orders issued in the
original investigation and to determine what, if any, enforcement
measures are appropriate. 82 FR 60762 (Dec. 22, 2017). Diebold is named
as a respondent, and OUII is named as a party. Id.
On June 22, 2018, the presiding administrative law judge issued
Order No. 46, the subject ID, which granted an unopposed motion filed
by Nautilus to amend the complaint and the Commission's Notice of
Enforcement Proceeding to reflect the corporate name change of Nautilus
Hyosung Inc. to Hyosung TNS Inc. No petitions for review of the subject
ID were filed. The Commission has determined not to review the subject
ID.
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: July 17, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-15615 Filed 7-20-18; 8:45 am]
BILLING CODE 7020-02-P