[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Notices]
[Pages 4174-4175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01394]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-833]


Certain Digital Models, Digital Data, and Treatment Plans for Use 
in Making Incremental Dental Positioning Adjustment Appliances, the 
Appliances Made Therefrom, and Methods of Making the Same; Commission 
Determination To Extend the Target Date for Completion of the 
Investigation; Schedule for Filing of Additional Written Submissions 
From the Parties and the Public

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 to extend the target date for completion of 
the above-captioned investigation and to solicit additional briefing 
from the parties and the public.

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: This investigation was instituted on April 
5, 2012, based upon a complaint filed on behalf of Align Technology, 
Inc., of San Jose, California (``Align''), on March 1, 2012, as 
corrected on March 22, 2012. 77 FR 20648 (April 5, 2012). The complaint 
alleged violations of Section 337 of the Tariff Act of 1930, 19 U.S.C. 
1337 (``Section 337'') in the sale for importation, importation, or 
sale within the United States after importation of certain digital 
models, digital data, and treatment plans for use in making incremental 
dental appliances, the appliances made therefrom, and methods of making 
the same by reason of infringement of certain claims of U.S. Patent No. 
6,217,325 (``the `325 patent''); U.S. Patent No. 6,471,511 (``the `511 
patent''); U.S. Patent No. 6,626,666; U.S. Patent No. 6,705,863 (``the 
`863 patent''); U.S. Patent No. 6,722,880 (``the `880 patent''); U.S. 
Patent No. 7,134,874 (``the `874 patent''); and U.S. Patent No. 
8,070,487 (the `487 patent''). The notice of institution named as 
respondents ClearCorrect Pakistan (Private), Ltd. of Lahore, Pakistan 
and ClearCorrect Operating, LLC of Houston, Texas (collectively, ``the 
Respondents'').
    On May 6, 2013, the administrative law judge issued the final ID, 
finding a violation of Section 337 with respect to the `325 patent, the 
`880 patent, the `487 patent, the `511 patent, `863 patent, and the 
`874 patent. The ALJ recommended the issuance of cease and desist 
orders.
    On May 20, 2013, Align, the Respondents, and the Commission 
investigative attorney each filed a petition for review. On May 28, 
2013, each of the parties filed a response thereto. On June 5, 2013, 
Align filed a statement on the public interest. On June 13, 2013, the 
Respondents filed a statement on the public interest.
    On June 7, 2013, the Commission issued notice of its determination 
to extend the deadline for determining whether to review the final ID 
to July 25, 2013, and to extend the target date to September 24, 2013.
    On July 25, 2013, the Commission issued notice of its determination 
to review the final ID in its entirety and to solicit briefing on the 
issues on review and on remedy, the public interest, and bonding. 78 FR 
46611 (August 1, 2013). On August 8, 2013, each of the parties filed 
written submissions. On August 15, 2013, each filed reply submissions.
    On September 24, 2013, the Commission issued notice of its 
determination to extend the target date to November 1, 2013.
    On November 18, 2013, the Commission issued notice of its 
determination to extend the target date to January 17, 2014.
    The Commission has determined to extend the target date for 
completion of the above-captioned investigation to March 21, 2014, and 
to solicit briefing as follows.
    The Commission is interested in receiving public comment on the 
following question:
    Question 1: Are electronic transmissions ``articles'' within the 
meaning of Section 337? Please answer with respect to the text, 
structure, and legislative history of Section 337. Also address any 
potentially relevant judicial precedent, such as Bayer AG v. Housey 
Pharmaceuticals, Inc., 340 F.3d 1367, 1373-74 (Fed. Cir. 2003), and 
Suprema, Inc. v. Int'l Trade Comm'n, --F.3d --. Nos. 2012-1170, -1026, 
-1124, 2013 WL 6510929 (Fed. Cir. December 13, 2013); Commission 
decisions, including Certain Hardware Logic Emulation Systems and 
Components Thereof, Inv. No. 337-TA-383 (1998); and any other 
potentially informative decisions by other government agencies.
    In addition, the Commission is interested in public comment and 
also encourages submissions by the parties to the investigation, 
interested government agencies, the Office of Unfair Import 
Investigations, and any other interested persons on the following 
questions, with reference to the applicable law, and the existing 
evidentiary record:
    Question 2: In analyzing whether the term ``articles'' encompasses 
electronic transmissions, should the Commission take into account 
whether the electronic transmission is of data that is directly 
representative of a physical article?
    Question 3: Does the term ``processed'' in Section 337(a)(1)(B)(ii) 
include data processing by a computer?
    Question 4: Does the term ``a material'' in the phrase ``a material 
or apparatus for use in practicing a patented process'' in 35 U.S.C. 
271(c) include electronic transmissions?
    Written Submissions: The written submissions must be filed no later 
than close of business on February 3, 2014. Reply submissions must be 
filed no later than the close of business on February 10, 2014. The 
written submissions must be no longer than 50 pages and the reply 
submissions must be no longer than 25 pages. No further submissions on 
these issues will be permitted unless otherwise ordered by the 
Commission.

[[Page 4175]]

    Persons filing written submissions must do so in accordance with 
Commission rule 210.4(f), 19 CFR 210.4(f), which requires electronic 
filing. The original document and 8 true copies thereof must also be 
filed on or before the deadlines stated above with the Office of the 
Secretary. Any person desiring to submit a document to the Commission 
in confidence must request confidential treatment unless the 
information has already been granted such treatment during the 
proceedings. All such requests should be directed to the Secretary of 
the Commission and must include a full statement of the reasons why the 
Commission should grant such treatment. See 19 CFR 210.6. Documents for 
which confidential treatment by the Commission is sought will be 
treated accordingly. All non-confidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Dated: January 17, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-01394 Filed 1-23-14; 8:45 am]
BILLING CODE 7020-02-P