[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Page 54497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22381]



[[Page 54497]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-759]


 In the Matter of Certain Birthing Simulators and Associated 
Systems; Issuance of a Limited Exclusion Order and a Cease and Desist 
Order; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a limited exclusion order and a cease and desist 
order in the above-captioned investigation directed against products of 
respondents Shanghai Honglian Medical Instruments of China and Shanghai 
Evenk International Trading Co., Ltd. of China. The investigation is 
terminated.

FOR FURTHER INFORMATION CONTACT: Michelle Klancnik, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 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 February 7, 2011, based on a complaint filed by Gaumard Scientific 
Company, Inc. of Miami, Florida. 76 F R 6632 (Feb. 7, 2011). The 
complaint, as amended, alleged 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 birthing simulators and associated systems by 
reason of infringement of various claims of United States Patent Nos. 
6,503,087 (``the `087 patent'') and 7,114,954 (``the `954 patent''). 
The complaint named Shanghai Honglian Medical Instruments of China and 
Shanghai Evenk International Trading Co., Ltd. of China as respondents. 
The complaint and Notice of Investigation were served on respondents on 
February 1, 2011. No responses were received. On March 4, 2011, the ALJ 
issued an order requiring respondents to show cause why they should not 
be held in default and judgment rendered against them for failing to 
respond to the complaint and notice of investigation. Respondents did 
not respond. On March 30, 2011, the ALJ issued an ID, finding both 
respondents in default pursuant to Commission Rule 210.16 (19 CFR 
210.16) and terminating the above-referenced investigation. None of the 
parties petitioned for review of the ID. On May 2, 2011, the Commission 
determined not to review the ID.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission has made its 
determination on the issues of remedy, the public interest, and 
bonding. The Commission has determined that the appropriate form of 
relief is a limited exclusion order prohibiting the unlicensed entry of 
birthing simulators covered by one or more of claims 16-20, 22-23, 25-
28, 30-31, 33-34, and 36-38 of the `087 patent and claims 1, 2, 6, 7, 
and 10 of the `954 patent and that are manufactured by or on behalf of 
Shanghai Honglian and Shanghai Evenk, their affiliated companies, 
parents, subsidiaries, licensees, contractors, or other related 
business entities, or successors or assigns. The Commission has also 
determined to issue a cease and desist order that prohibits importing, 
selling for importation, marketing, advertising, distributing, offering 
for sale, selling, transferring (except for exportation), advertising, 
and soliciting United States agents or distributors for birthing 
simulators that are covered by one or more of the asserted claims.
    The Commission further determined that the public interest factors 
enumerated in section 337(d)(1) (19 U.S.C. 1337(d)(1)) do not preclude 
issuance of the limited exclusion order. Finally, the Commission 
determined that the amount of bond to permit temporary importation 
during the Presidential review period (19 U.S.C. 1337(j)) shall be in 
the amount of 100 percent of the entered value of Shanghai Honglian's 
and Shanghai Evenk's birthing simulators that are subject to the order. 
The Commission's orders were delivered to the President and the United 
States Trade Representative on the day of their issuance.
    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 section 210.50 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.50).

    By order of the Commission.

    Issued: August 29, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-22381 Filed 8-31-11; 8:45 am]
BILLING CODE 7020-02-P