[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66934-66935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27668]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-968]


Certain Radiotherapy Systems and Treatment Planning Software, and 
Components Thereof; Institution of Investigation

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 September 25, 2015, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Varian Medical Systems, Inc. of Palo Alto, California and 
Varian Medical Systems International AG of Switzerland. Supplements 
were filed on October 13, 2015. The complaint, as supplemented, 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 radiotherapy systems and treatment 
planning software, and components thereof by reason of infringement of 
certain claims of U.S. Patent No. 7,945,021 (``the '021 patent''); U.S. 
Patent No. 8,116,430 (``the '430 patent''); U.S. Patent No. 8,867,703 
(``the '703 patent''); U.S. Patent No. 7,880,154 (``the '154 patent''); 
U.S. Patent No. 7,906,770 (``the '770 patent''); and U.S. Patent No. 
8,696,538 (``the '538 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 (2015).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 26, 2015, 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 radiotherapy 
systems and treatment planning software, and components thereof by 
reason of infringement of one or more of claims 1, 2, 4-9, 11-16, 53-
56, and 58-62 of the '021 patent; claims 1-4, 6-10, 12, 18, and 19 of 
the '430 patent; claims 1-10, 12-15, and 17-21 of the '703 patent; 
claims 19-28 and 33-36 of the '154 patent; claims 61-63, 65, and 67-70 
of the '770 patent; and claims 23, 25, 26, 39-42, 45, and 50 of the 
'538 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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:

Varian Medical Systems, Inc., 3100 Hansen Way, Palo Alto, CA 94304.
Varian Medical Systems International AG, Hinterbergstrasse 14, 6330 
Cham, ZG, Switzerland.

    (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:

Elekta AB, Kungstensgatan 18, SE-103 93 Stockholm, Sweden.
Elekta Ltd., Linac House, Fleming Way, RH10 9RR Crawley, United 
Kingdom.
Elekta GmbH, Borsteler Chaussee 49, 22453 Hamburg, Germany.
Elekta Inc., 400 Perimeter Center Terrace, Suite 50, Atlanta, GA 30346.
IMPAC Medical Systems, Inc., 100 Mathilda Place, 5th Floor, Sunnyvale, 
CA 94086 .
Elekta Instrument (Shanghai) Limited, Room 3202 & 3203, Pangu Plaza, 
Office Building, Block A, No. 27 Fourth Ring Mid Road, Chaoyang 
District, 100101 Shanghai, China.
Elekta Beijing Medical Systems Co. Ltd., No. 21, Chuang Xin Road, 
Science, & Technology Park, Chang Ping, Beijing, 102200, China.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) 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

[[Page 66935]]

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.

    By order of the Commission.

    Issued: October 26, 2015.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2015-27668 Filed 10-29-15; 8:45 am]
BILLING CODE 7020-02-P