[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Notices]
[Pages 49763-49764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19775]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-879]


Certain Sleep-Disordered Breathing Treatment Systems and 
Components Thereof; Commission Determination Not To Review an Initial 
Determination Granting an Amended Motion To Terminate the Remaining 
Respondents Based on a Consent Order; Issuance of Consent Order and 
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 determined not to review an initial determination 
(``ID'') (Order No. 11) of the presiding administrative law judge 
granting an amended motion to terminate the remaining respondents based 
on a consent order. The Commission has issued the subject consent 
order; the investigation is hereby terminated.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 (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 May 1, 2013, based on a complaint filed on March 28, 2013, and 
supplemented on April 19, 2013, on behalf of ResMed Corporation of San 
Diego, California; ResMed Incorporated of San Diego, California; and 
ResMed Limited of Australia. 78 FR 25475 (May 1, 2013). The complaint 
alleged violations of Section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the sale for importation, importation, or 
sale within the United States after importation of certain sleep-
disordered breathing treatment systems and components thereof by reason 
of infringement of one or more of claims 1, 2, 4, 5, 17 and 28 of U.S. 
Patent No. 6,216,691; claims 1 and 20 of U.S. Patent No. 6,935,337; 
claim 15 of U.S. Patent No. 7,159,587; claims 1, 5, 6, 11, 12, 18-20, 
35 and 36 of U.S. Patent No. 7,487,772; claims 1-7 of U.S. Patent No. 
7,614,398; claims 59, 60, 63, 72-75 of U.S. Patent No. 7,743,767; and 
claims 17, 21-24, 29, 32-37 of U.S. Patent No. 7,997,267. The 
Commission's notice of investigation named as respondents Apex Medical 
Corporation of New Taipei City, Taiwan and Apex Medical USA Corporation 
of Brea, California (collectively, ``Apex'') and Medical Depot Inc., d/
b/a Drive Medical Design & Manufacturing of Port Washington,

[[Page 49764]]

New York. Medical Depot Inc. has previously been terminated from the 
investigation on the basis of a consent order.
    On July 2, 2013, Apex filed a motion to terminate the investigation 
based on a consent order, and on July 5, 2013, filed an amended motion 
based on a consent order stipulation and proposed consent order. On 
July 16, 2013, Complainants filed a response in opposition, and the the 
Commission investigative attorney filed a response in support of the 
motion. On July 17, 2013, the administrative law judge issued Order No. 
11, granting the motion to terminate the investigation and staying the 
procedural schedule. The administrative law judge found termination to 
be in the public interest. That part of Order No. 11 which terminates 
the investigation constitutes an initial determination.
    There were no petitions for review. Having considered the ID and 
proposed consent order and the relevant portions of the record, the 
Commission has determined not to review the subject ID. The Commission 
has issued the consent order, and the investigation is terminated.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR Part 210).

     Issued: August 9, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-19775 Filed 8-14-13; 8:45 am]
BILLING CODE 7020-02-P