Notice2021-15553
Notice of Receipt of Amended Complaint; Solicitation of Comments Relating to the Public Interest
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 22, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has received an amended complaint entitled Certain Light- Based Physiological Measurement Devices and Components Thereof, DN 3554; the Commission is soliciting comments on any public interest issues raised by the amended complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.
Full Text
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<title>Federal Register, Volume 86 Issue 138 (Thursday, July 22, 2021)</title>
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[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Notices]
[Pages 38764-38765]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15553]
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INTERNATIONAL TRADE COMMISSION
Notice of Receipt of Amended Complaint; Solicitation of Comments
Relating to the Public Interest
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has received an amended complaint entitled Certain Light-
Based Physiological Measurement Devices and Components Thereof, DN
3554; the Commission is soliciting comments on any public interest
issues raised by the amended complaint or complainant's filing pursuant
to the Commission's Rules of Practice and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the
Commission, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2000. The public version of
the complaint can be accessed on the Commission's Electronic Document
Information System (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing
EDIS, please email <a href="/cdn-cgi/l/email-protection#8fcacbc6dcbcc7eae3ffcffafce6fbeca1e8e0f9"><span class="__cf_email__" data-cfemail="8dc8c9c4debec5e8e1fdcdf8fee4f9eea3eae2fb">[email protected]</span></a>.
General information concerning the Commission may also be obtained
by accessing its internet server at United States International Trade
Commission (USITC) at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. The public record for this
investigation may be viewed on the Commission's Electronic Document
Information System (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. 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 has received an amended
complaint and a submission pursuant to Sec. 210.8(b) of the
Commission's Rules of Practice and Procedure filed on behalf of Masimo
Corporation and Cercacor Laboratories, Inc. on July 12, 2021. The
original complaint was filed on June 30, 2021 and a notice of receipt
of complaint; solicitation of comments relating to the public interest
published in the Federal Register on July 6, 2021. The amended
complaint alleges violations of section 337 of the Tariff Act of 1930
(19 U.S.C. 1337) in the importation into the United States, the sale
for importation, and the sale within the United States after
importation of certain light-based physiological measurement devices
and components thereof. The amended complaint names as respondent:
Apple Inc. of Cupertino, CA. The complaint and amended complaint allege
infringement of certain claims of U.S. Patent No. U.S. Patent No.
10,912,501 (``the '501 Patent''); U.S. Patent No. 10,912,502 (``the
'502 Patent''); U.S. Patent No. 10,945,648 (``the '648 Patent''); U.S.
Patent No. 10,687,745 (``the '745 Patent''); and U.S. Patent No.
7,761,127 (``the '127 Patent'') (collectively, ``the Asserted
Patents''). The asserted claims of the `502 patent include claim 19.
However, a certificate of correction was issued for claim 19 on July 6,
2021, by the United States Patent and Trademark Office, and the amended
complaint reflects changes to the allegations relating to that claim.
The complainant requests that the Commission issue an exclusion order,
a cease and desist order, and impose a bond upon respondent alleged
infringing articles during the 60-day Presidential review period
pursuant to 19 U.S.C. 1337(j).
Proposed respondents, other interested parties, and members of the
public are invited to file comments on any public interest issues
raised by the amended complaint or Sec. 210.8(b) filing. Comments
should address whether issuance of the relief specifically requested by
the complainant in this investigation would affect the public health
and welfare in the United States, competitive conditions in the United
States economy, the production of like or directly competitive articles
in the United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) Explain how the articles potentially subject to the requested
remedial orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the requested remedial orders;
(iii) identify like or directly competitive articles that
complainant, its licensees, or third parties make in the United States
which could replace the subject articles if they were to be excluded;
(iv) indicate whether complainant, complainant's licensees, and/or
third party suppliers have the capacity to replace the volume of
articles potentially subject to the requested exclusion order and/or a
cease and desist order within a commercially reasonable time; and
(v) explain how the requested remedial orders would impact United
States consumers.
Written submissions on the public interest must be filed no later
than by close of business, eight calendar days after the date of
publication of this notice in the Federal Register. There will be
further opportunities for comment on the public interest after the
issuance of any final initial determination in this investigation. Any
written submissions on other issues must also be filed by no later than
the close of business, eight calendar days after publication of this
notice in the Federal Register. Complainant may file replies to any
written submissions no later than three calendar days after the date on
which any initial submissions were due. No other submissions will be
accepted, unless requested by the Commission. Any submissions and
replies filed in response to this Notice are limited to five (5) pages
in length, inclusive of attachments.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. Submissions
should refer to the docket number (``Docket No. 3554'') in a prominent
place on the cover page and/or the first page. (See Handbook for
Electronic Filing Procedures, Electronic Filing Procedures \1\). Please
note the Secretary's Office will accept only electronic filings during
this time. Filings must be made through the Commission's Electronic
Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.) No in-
person paper-based filings or paper copies of any electronic filings
will be accepted until further notice. Persons with questions regarding
filing should contact the Secretary at <a href="/cdn-cgi/l/email-protection#81c4c5c8d2b2c9e4edf1c1f4f2e8f5e2afe6eef7"><span class="__cf_email__" data-cfemail="6623222f35552e030a162613150f120548010910">[email protected]</span></a>.
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\1\ Handbook for Electronic Filing Procedures: <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>.
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Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the
[[Page 38765]]
programs, personnel, and operations of the Commission including under 5
U.S.C. appendix 3; or (ii) by U.S. government employees and contract
personnel,\2\ solely for cybersecurity purposes. All nonconfidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.\3\
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\2\ All contract personnel will sign appropriate nondisclosure
agreements.
\3\ Electronic Document Information System (EDIS): <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
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This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure
(19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: July 16, 2021.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2021-15553 Filed 7-21-21; 8:45 am]
BILLING CODE 7020-02-P
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