[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Notices]
[Pages 8731-8732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03104]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-823]


Certain Kinesiotherapy Devices and Components Thereof (Advisory 
Opinion Proceeding) Institution of an Advisory Opinion Proceeding

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 institute an advisory opinion proceeding 
in the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436, telephone (202) 205-2737. 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 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. 
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 January 10, 2012, based on a complaint filed by Standard Innovation 
Corporation of Ottawa, ON, Canada and Standard Innovation (US) Corp. of 
Wilmington, Delaware (collectively, ``Standard Innovation''). 77 FR 
1504-05 (Jan. 10, 2012). The complaint alleged violations of section 
337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), by reason 
of infringement of certain claims of United States Patent Nos. 
7,931,605 (``the '605 patent'') and D605,779 (``the '779 patent''). The 
complaint named twenty-one business entities as respondents, including 
Lelo Inc. and Leloi AB (collectively, ``Lelo''). On July 25, 2012, the 
Commission determined not to review an ID (Order No. 25) granting 
complainants' motion to withdraw the '779 patent from the 
investigation.
    On June 17, 2013, the Commission issued its final determination 
finding

[[Page 8732]]

that Standard Innovation had proven a violation of section 337 based on 
the infringement of the asserted claims of the '605 patent. Based on 
evidence of a pattern of violation and difficulty ascertaining the 
source of the infringing products, the Commission issued a general 
exclusion order against certain kinesiotherapy devices that infringe 
the asserted claims of the '605 patent. The Commission also issued 
cease and desist orders against certain respondents, including Lelo 
Inc.
    On September 30, 2013, Lelo filed a request with the Commission 
asking for institution of an advisory opinion proceeding as to whether 
their new kinesiotherapy devices are covered by the general exclusion 
order or the cease and desist order issued against Lelo Inc. Standard 
Innovation filed a response on November 12, 2013, opposing Lelo's 
request.
    The Commission has determined that Lelo's request complies with the 
requirements for institution of an advisory opinion proceeding under 
Commission Rule 210.79. Accordingly, the Commission has determined to 
institute an advisory opinion proceeding and refer Lelo's request to 
the Office of Unfair Import Investigations (``OUII''). The parties will 
furnish OUII with information as requested, and OUII shall investigate 
and issue a report to the Commission within ninety (90) days of the 
date of publication of this notice in the Federal Register. The 
Commission will issue an advisory opinion by June 30, 2014, based on 
the written report of OUII. The following entities are named as parties 
to the proceeding: (1) Complainant Standard Innovation and (2) 
respondent Lelo.
    The authority for the Commission's determination is contained in 
sections 335 and 337 of the Tariff Act of 1930, as amended (19 U.S.C. 
1335, 1337), and in Part 210 of the Commission's Rules of Practice and 
Procedure (19 CFR part 210).

     Issued: February 7, 2014.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-03104 Filed 2-12-14; 8:45 am]
BILLING CODE 7020-02-P