Notice2022-26053
Certain Bio-Layer Interferometers and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
November 29, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 25, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Sartorius Bioanalytical Instruments, Inc. of Bohemia, New York. A supplement to the complaint was filed on November 14, 2022. 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 bio-layer interferometers and components thereof by reason of the infringement of certain claims of U.S. Patent No. 7,394,547 ("the '547 patent"); U.S. Patent No. 7,445,887 ("the '887 patent"); U.S. Patent No. 7,728,982 ("the '982 patent"); and U.S. Patent No. 8,305,585 ("the '585 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.
Full Text
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<title>Federal Register, Volume 87 Issue 228 (Tuesday, November 29, 2022)</title>
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[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Notices]
[Pages 73329-73330]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26053]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1344]
Certain Bio-Layer Interferometers and Components Thereof; Notice
of Institution of Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 25, 2022, under section
337 of the Tariff Act of 1930, as amended, on behalf of Sartorius
Bioanalytical Instruments, Inc. of Bohemia, New York. A supplement to
the complaint was filed on November 14, 2022. 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 bio-layer
interferometers and components thereof by reason of the infringement of
certain claims of U.S. Patent No. 7,394,547 (``the '547 patent''); U.S.
Patent No. 7,445,887 (``the '887 patent''); U.S. Patent No. 7,728,982
(``the '982 patent''); and U.S. Patent No. 8,305,585 (``the '585
patent''). The complaint further alleges that an industry in the United
States exists as required by the applicable Federal Statute. The
complainant requests that the Commission institute an investigation
and, after the
[[Page 73330]]
investigation, issue a limited exclusion order and a cease and desist
order.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#d194959882e299b4bda191a4a2b8a5b2ffb6bea7"><span class="__cf_email__" data-cfemail="2366676a70106b464f536356504a57400d444c55">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia Proctor, Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2022).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 22, 2022, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 3-6, and 11-21 of the '547 patent; claims 1-5, 7-14, and 16-
18 of the '887 patent; claims 1, 3-6, and 11-35 of the '982 patent; and
claims 1, 3-6, and 11-19 of the '585 patent, and whether an industry in
the United States exists as required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``biolayer
interferometers, biosensors, and kits containing biosensors and
reagents'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. l337(d)(l),
(f)(1), (g)(1);
(4) 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:
Sartorius Bioanalytical Instruments, Inc., 5 Johnson Avenue, Bohemia,
NY 11716
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served:
Gator Bio, Inc., 2455 Faber Place, Palo Alto, CA 94303
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge. Responses to the complaint and the
notice of investigation must be submitted by the named respondent 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), as amended in 85 FR 15798 (March 19, 2020), such responses
will be considered by the Commission if received not later than 20 days
after the date of service by the complainant 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 the 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: November 23, 2022.
Jessica Mullan,
Acting Secretary to the Commission.
[FR Doc. 2022-26053 Filed 11-28-22; 8:45 am]
BILLING CODE 7020-02-P
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