[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]
[Notices]
[Page 13351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5321]



[[Page 13351]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-832]


Certain Ink Application Devices and Components Thereof and 
Methods of Using the Same; 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 January 30, 2012, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
MT.Derm GmbH of Berlin, Germany and Nouveau Cosmetique USA Inc. of 
Orlando, Florida. The complaint 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 ink 
application devices and components thereof and methods of using the 
same by reason of infringement of certain claims of U.S. Patent No. 
6,345,553 (``the `553 patent'') and U.S. Patent No. 6,505,530 (``the 
`530 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.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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 February 28, 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 ink 
application devices and components thereof and methods of using the 
same that infringe one or more of claims 1-3, 7-12, and 16-20 of the 
'530 patent and claims 1-4, 10, 12-14, 21-23, and 26-28 of the '553 
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:

MT.Derm GmbH, Gustav-Krone-Str. 3, 14167 Berlin, Germany;
Nouveau Cosmetique USA Inc., 189 South Orange Avenue, Suite 1110--The 
Plaza South Tower, Orlando, FL 32801.

    (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:

T-Tech Tattoo Device Inc., 10 Grenoble Drive PH11, North York, Ontario, 
Canada M3C 1C7;
Yiwu Beyond Tattoo Equipments Co., Ltd., Houzhai Industrial Zone, Yiwu 
City, Zhejiang Province, China;
Guangzhou Pengcheng Cosmetology Firm, Booth 109, The First Floor, Anhua 
Beauty Exchange Center, 121 West Guangyuan Road, Yuexiu District, 
Guangzhou, Guangdong, China.

    (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.

    By order of the Commission.

    Issued: February 29, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-5321 Filed 3-5-12; 8:45 am]
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