[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Pages 52563-52564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20638]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-890]


Certain Sleep-Disordered Breathing Treatment Systems 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 July 19, 2013, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
ResMed Corporation of San Diego, California; ResMed

[[Page 52564]]

Incorporated of San Diego, California; and ResMed Limited of Australia. 
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 sleep-
disordered breathing treatment systems and components thereof by reason 
of infringement of certain claims of U.S. Patent No. 7,997,267 (``the 
'267 patent''), U.S. Patent No. 7,614,398 (``the '398 patent''), U.S. 
Patent No. 7,938,116 (``the '116 patent''), U.S. Patent No. 7,341,060 
(``the '060 patent''), U.S. Patent No. 8,312,883 (``the '883 patent''), 
U.S. Patent No. 7,926,487 (``the '487 patent''), U.S. Patent No. 
7,178,527 (``the '527 patent''), and U.S. Patent No. 7,950,392 (``the 
'392 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 a limited 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 (2013).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on August 16, 2013, 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 sleep-
disordered breathing treatment systems and components thereof that 
infringe one or more of claims 32-37, 53, 79, 80, and 88 of the '267 
patent; claims 1-7 of the '398 patent; claim 1 of the '116 patent; 
claims 30, 37, and 38 of the '060 patent; claims 1, 3, 5, 11, 28, 30, 
31, and 56 of the '883 patent; claims 1, 3, 6, 7, 9, 29, 32, 35, 40, 
42, 45, 50, 51, 56, 59, 89, 92, 94, and 96 of the '527 patent; claims 
19-24, 26, 29-36, and 39-41 of the '392 patent; and claims 13, 15, 16, 
26-28, 51, 52, and 55 of the '487 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: ResMed Corporation, 9001 Spectrum Center 
Drive, San Diego, CA 92123.
    ResMed Incorporated, 9001 Spectrum Center Drive, San Diego, CA 
92123.
    ResMed Limited, 1 Elizabeth Macarthur Drive, Bella Vista NSW 2153, 
Australia.
    (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:
    BMC Medical Co., Ltd., 5/F Main Building, No. 19 Gucheng Street 
West, Shijingshan, Beijing 100043, China.
    3B Medical, Inc., 21301 US Highway 27, Lake Wales, FL 33589.
    3B Products, L.L.C., 21301 US Highway 27, Lake Wales, FL 33589.
    (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(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: August 19, 2013.
    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-20638 Filed 8-22-13; 8:45 am]
BILLING CODE 7020-02-P