[Federal Register Volume 80, Number 91 (Tuesday, May 12, 2015)]
[Notices]
[Pages 27187-27188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11383]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-562 (Enforcement--Remand)]


Certain Incremental Dental Positioning Adjustment Appliances and 
Methods of Producing Same Termination of Investigation on the Basis of 
a Settlement Agreement

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 the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 76) 
granting a joint motion to terminate the above-captioned investigation 
on the basis of a settlement agreement. The Commission has terminated 
the investigation.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2532. 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 the underlying 
investigation in this matter on February 15, 2006, based on a complaint 
filed by Align Technology, Inc. (``Align'') of Santa Clara, California 
(now of San Jose, California). 71 FR 7995-96. The complaint alleged 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain incremental dental positioning adjustment appliances by reason 
of infringement of certain patents. The complaint also alleged a 
violation of section 337 by reason of misappropriation of trade 
secrets. The Commission's notice of investigation named OrthoClear, 
Inc. of San Francisco, California; OrthoClear Holdings, Inc. of 
Tortola, British Virgin Islands; and OrthoClear Pakistan Pvt, Ltd. of 
Lahore, Pakistan as respondents. On November 13, 2006, the Commission 
issued notice of its determination not to review the ALJ's initial 
determination granting Align's and the respondents' joint motion to 
terminate the investigation based on a consent order.
    On March 1, 2012, Align filed a complaint for an enforcement

[[Page 27188]]

proceeding under Commission Rule 210.75, and filed a corrected 
complaint on March 22, 2012. On April 25, 2012, the Commission 
determined that the criteria for institution of an enforcement 
proceeding were satisfied and instituted an enforcement proceeding, 
naming the following six respondents, which were alleged to be bound by 
the consent order: ClearCorrect Operating, LLC of Houston, Texas; 
ClearCorrect Pakistan (Private), Ltd. of Lahore, Pakistan; and Mudassar 
Rathore, Waqas Wahab, Nadeem Arif, and Asim Waheed (``Enforcement 
Respondents''). 77 Fed. Reg. 25747 (May 1, 2012).
    On November 28, 2012, the ALJ issued Order No. 57, and found that 
the accused digital datasets at issue in the enforcement proceeding 
fall within the scope of the term ``articles'' in the consent order. On 
January 4, 2013, the Commission determined to review and reverse Order 
No. 57. 78 FR 2282-83 (Jan. 10, 2013). The Commission terminated the 
enforcement proceeding with a finding of no violation of the consent 
order. Id. Upon Align's appeal, the Federal Circuit held that Order No. 
57 was not reviewable as an ID under the Commission's rules. Align 
Tech., Inc. v. Int'l Trade Comm'n, 771 F.3d 1317, 1324-25 (Fed. Cir. 
2014). The Court vacated the Commission's determination to review and 
reverse Order No. 57, and remanded the case to the Commission for 
further proceedings consistent with the Court's opinion. Id. at 1326. 
On November 24, 2014, the Commission issued a notice to remand the 
investigation to the Chief Administrative Law Judge for assignment to a 
presiding ALJ to resume enforcement proceedings.
    On April 6, 2015, Align and the Enforcement Respondents filed a 
joint motion to terminate the enforcement proceeding on the basis of an 
agreement between the parties. The Commission investigative attorney 
filed a response in support of the motion. On April 8, 2015, the ALJ 
granted the motion as the subject ID (Order No. 76). The ID found that 
granting the motion is in the public interest. Order No. 76 at 1-2; see 
19 CFR 210.50(b)(2).
    No petitions for review were filed. The Commission has determined 
not to review the ID. The Commission has terminated the investigation.
    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).

     Issued: May 6, 2015.

    By order of the Commission.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-11383 Filed 5-11-15; 8:45 am]
 BILLING CODE 7020-02-P