Notice2024-21634
Certain Cochlear Implant Systems and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
September 23, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 16, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Advanced Bionics AG of Switzerland and Advanced Bionics LLC of Valencia, California. Supplements were filed on August 29, and 30, and September 6, 2024. 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 cochlear implant systems and components thereof by reason of the infringement of certain claims of U.S. Patent No. 7,317,945 ("the '945 patent") and U.S. Patent No. 8,422,706 ("the '706 patent"). The complaint, as supplemented, further alleges that an industry in the United States exists as required by the applicable Federal statute. The complainants request the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 184 (Monday, September 23, 2024)</title>
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[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Notices]
[Pages 77541-77542]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21634]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1418]
Certain Cochlear Implant Systems and Components Thereof; Notice
of Institution of Investigation
AGENCY: U.S. 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 August 16, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of Advanced
Bionics AG of Switzerland and Advanced Bionics LLC of Valencia,
California. Supplements were filed on August 29, and 30, and September
6, 2024. 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 cochlear implant systems and components thereof by reason of
the infringement of certain claims of U.S. Patent No. 7,317,945 (``the
'945 patent'') and U.S. Patent No. 8,422,706 (``the '706 patent''). The
complaint, as supplemented, further alleges that an industry in the
United States exists as required by the applicable Federal statute. The
complainants request the Commission institute an investigation and,
after the investigation, issue a limited exclusion order and cease and
desist orders.
[[Page 77542]]
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#99dcddd0caaad1fcf5e9d9eceaf0edfab7fef6ef"><span class="__cf_email__" data-cfemail="b1f4f5f8e282f9d4ddc1f1c4c2d8c5d29fd6dec7">[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 M. Proctor, The 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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 17, 2024, 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, 3-11, and 13-22 of the '945 patent, and claims 1-20 of the
'706 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 ``cochlear implant
systems as a whole, and the individual microphone, sound processor,
external headpiece transmitter, implanted receiver and electrode array
components of a cochlear implant system'';
(3) Pursuant to Commission Rule 210.50(b)(1), 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. 1337(d)(1),
(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 complainants are:
Advanced Bionics AG, Laubisr[uuml]tistrasse 28, 8712 St[auml]fa,
Switzerland
Advanced Bionics LLC, 28515 Westinghouse Place, Valencia, CA 91355
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
MED-EL Corporation, USA, 2645 Meridian Parkway, Suite 100, Durham, NC
27713
MED-EL Elektromedizinische Ger[auml]te GmbH, F[uuml]rstenweg 77a, 6020
Innsbruck, Austria
(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 respondents 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
complainants 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 a 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: September 17, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-21634 Filed 9-20-24; 8:45 am]
BILLING CODE 7020-02-P
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