Notice2021-28015
Certain Automated Teller Machines, ATM Modules, Components Thereof, and Products Containing the Same; Commission Decision To Institute a Rescission Proceeding; Rescission of a Limited Exclusion Order and Cease and Desist Orders; Termination of Rescission Proceeding
Primary source
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Published
December 27, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to institute a rescission proceeding in the above-captioned investigation and to grant a joint motion for rescission of a limited exclusion order ("LEO") and three cease and desist orders ("CDOs") previously issued in the investigation. The LEO and CDOs are rescinded, and the rescission proceeding is terminated.
Full Text
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<title>Federal Register, Volume 86 Issue 245 (Monday, December 27, 2021)</title>
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[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73314-73315]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28015]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-972 (Rescission)]
Certain Automated Teller Machines, ATM Modules, Components
Thereof, and Products Containing the Same; Commission Decision To
Institute a Rescission Proceeding; Rescission of a Limited Exclusion
Order and Cease and Desist Orders; Termination of Rescission Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to institute a rescission
proceeding in the above-captioned investigation and to grant a joint
motion for rescission of a limited exclusion order (``LEO'') and three
cease and desist orders (``CDOs'') previously issued in the
investigation. The LEO and CDOs are rescinded, and the rescission
proceeding is terminated.
[[Page 73315]]
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (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#eaafaea3b9d9a28f869aaa9f99839e89c48d859c"><span class="__cf_email__" data-cfemail="2663626f75156e434a566653554f524508414950">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.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 instituted this investigation
on November 20, 2015, based on a complaint filed by Diebold
Incorporated and Diebold Self-Service Systems (collectively,
``Diebold''). 80 FR 72735-36 (Nov. 20, 2015). 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, 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 certain
claims of six United States Patents, including U.S. Patent No.
6,082,616 (``the '616 patent''); and U.S. Patent No. 7,832,631 (``the
'631 patent''). Id. The notice of investigation named as respondents
Nautilus Hyosung Inc. of Seoul, Republic of Korea; Nautilus Hyosung
America Inc. of Irving, Texas (collectively, ``Nautilus''); and HS
Global, Inc. of Brea, California (``HS Global''). Id. at 72736. The
Office of Unfair Import Investigations was not named as a party. Id.
Nautilus Hyosung Inc. subsequently changed its name to Hyosung TNS Inc.
See Commission Order Amending the Remedial Orders at 1 n.1 (Aug. 13,
2019).
On May 19, 2017, the Commission terminated the investigation with a
finding of violation of section 337 as to certain claims of the '616
patent and '631 patent. 82 FR 24143-44 (May 25, 2017). The Commission
issued a limited exclusion order prohibiting the entry of infringing
automated teller machines, ATM modules, components thereof, and
products containing the same, and (2) cease and desist orders directed
to each of the three respondents. Id. at 24144. On August 13, 2019, the
Commission amended the remedial orders to remove the references to the
'616 patent, which had expired on June 2, 2018. Order at 2 (Aug. 13,
2019); see generally Hyosung TNS Inc. v. ITC, 926 F.3d 1353, 1359 (Fed.
Cir. 2019) (finding any disputes concerning the '616 patent to have
been mooted by that patent's expiration).
On December 1, 2021, Diebold and Nautilus jointly filed
confidential and public versions of a petition to rescind all of the
remedial orders based on a settlement agreement. No responses to the
petition were filed. Despite that HS Global is not a party to the
settlement, Diebold and Nautilus seek the rescission of the remedial
orders in their entirety. Diebold and Nautilus also moved that service
among the private parties of the settlement agreement be limited to
Diebold and Hyosung, and not to HS Global. The Commission has
determined to grant that request concerning service.
Having reviewed the petition and determined that it complies with
Commission rules, see 19 CFR 210.76(a)(3), the Commission has
determined to institute a rescission proceeding and to grant the
petition. The LEO and the CDOs directed to each of the three
respondents are hereby rescinded.
The rescission proceeding is terminated.
The Commission vote for this determination took place on December
20, 2021.
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: December 21, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-28015 Filed 12-23-21; 8:45 am]
BILLING CODE 7020-02-P
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