[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Notices]
[Pages 1504-1505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-177]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-823]


Certain Kinesiotherapy Devices and Components Thereof; Notice of 
Institution of Investigation; Institution of Investigation Pursuant to 
19 U.S.C. 1337

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 December 2, 2011, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Standard Innovation Corporation of Ottawa, Canada and Standard 
Innovation (US) Corp. of Wilmington, Delaware. Supplements to the 
complaint were filed on December 19, 2011, and December 27, 2011. 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 
kinesiotherapy devices and components thereof by reason of infringement 
of certain claims of U.S. Patent No. 7,931,605 (``the `605 patent' '') 
and U.S. Patent No. D605,779 (``the `779 patent' ''). The complaint 
further alleges that an industry in the United States exists as 
required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

[[Page 1505]]


ADDRESSES: The complaint and supplements, except for any confidential 
information contained therein, are 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., Room 
112, Washington, DC 20436, telephone (202) 205-2000. 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 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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2011).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 3, 2012, 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 
kinesiotherapy devices and components thereof that infringe one or more 
of claims 1-7, 9-21, 23, 24, 26, 33-40, 42-54, 56, 57, 59, 66-73, 75-
90, and 92 of the `605 patent and the claim of the `779 patent, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) 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: Standard Innovation Corporation, 1130 
Morrison Drive, Suite 330, Ottawa, ON, Canada K2H 9N6.
    Standard Innovation (US) Corp., Corporation Trust Center, 1209 
Orange Street, Wilmington, DE 19801.
    (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: LELO Inc., 4320 Stevens Creek Blvd., Suite 205, San 
Jose, CA 95129.
    Leloi AB, Brunnsgatan 8, Ill 38 Stockholm, Sweden.
    LELO, Room 701-706 Guobang Garden, No. 10, 396 South Wulumuqi Road, 
Shanghai, China 20003.
    Natural Contours Europe, Tweede Weteringdwarsstraat 40, Amsterdam 
1017 SX, The Netherlands.
    Momentum Management, LLC a.k.a. Bushman Products, 1206 W Jon 
Street, Torrance, CA 90502.
    Evolved Novelties, Inc., 9035 Independence Ave. Canoga Park, CA 
91304.
    Nalpac Enterprises, Ltd. d/b/a Nalpac, Ltd., 1111 E. 8 Mile Rd., 
Ferndale, MI 48220.
    E. T.C., Inc. d/b/a Eldorado Trading, Company, Inc., 2325 West 
Midway Blvd., Broomfield, CO 80020.
    Williams Trading Co., Inc., 9250 Commerce Highway, Pennsauken, NJ 
08110.
    Honey's Place, Inc., 640 Glenoaks Blvd., San Fernando, CA 91340-
1419.
    Lover's Lane & Co., 46750 Port St., Plymouth, MI 48170-6031.
    PHE, Inc. d/b/a Adam & Eve, 302 Meadowland Drive, Hillsborough, NC 
27278.
    Castle Megastore Group, Inc., 1045 S. Edward Drive, Tempe, AZ 
85281.
    Shamrock 51 Management Company, Inc., d/b/a Fairvilla. Com, 105 
Candace Drive, Unit 109, Maitland, FL 32751.
    Paris Intimates, LLC, 4244 MacQueen Dr., West Bloomfield, MI 48323.
    Drugstore.com, Inc., 411 108th Avenue NE., Suite 1400, Bellevue, WA 
98804.
    Peekay Inc., 901 W. Main Street, Suite A, Auburn, WA 98001.
    Mile Inc. d/b/a Lion's Den Adult, 110 East Wilson Bridge Road, 
Suite 110, Worthington, OH 43085.
    Marsoner, Inc. d/b/a Fascinations, 315 South Bracken Lane, 
Chandler, AZ 85224.
    Love Boutique-Vista, LLC d/b/a Deja vu, 2130 Industrial Court, 
Vista, CA 92081.
    Toys in Babeland LLC, 707 East Pike Street, Seattle, WA 98122.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; 
and
    (3) 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(d)-(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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.

    Issued: January 4, 2012.
    By order of the Commission.

James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-177 Filed 1-9-12; 8:45 am]
BILLING CODE 7020-02-P