[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64196-64197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22430]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1020]


Certain Industrial Control System Software, Systems Using Same 
and Components Thereof; Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 5, 2016, under section 
337 of the Tariff Act of 1930, as amended, 19

[[Page 64197]]

U.S.C. 1337, on behalf of Rockwell Automation, Inc. of Milwaukee, 
Wisconsin. A letter supplementing the complaint was filed on August 12, 
2016. 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 industrial 
control system software, systems using same and components thereof by 
reason of infringement of U.S. Patent No. 6,675,226 (``the '226 
patent''); U.S. Patent No. 6,816,817 (``the '817 patent''); U.S. Patent 
No. 6,819,960 (``the '960 patent''); U.S. Patent No. 6,978,225 (``the 
'225 patent''); U.S. Patent No. 7,130,704 (``the '704 patent''); U.S. 
Patent No. 7,650,196 (``the '196 patent''); U.S. Patent No. 7,693,585 
(``the '585 patent''); and U.S. Patent No. 8,799,800 (``the '800 
patent''). The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainant requests 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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

SUPPLEMENTARY INFORMATION: 
    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 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 13, 2016, 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 industrial 
control system software, systems using the same, and components thereof 
by reason of infringement of one or more of claims 1, 9, and 10 of the 
'226 patent; claims 21, 25-27, and 30-35 of the '817 patent; claims 1-
5, 7, 10, and 23-26 of the '960 patent; claims 1 and 3-6 the '225 
patent; claims 1-3, 9, 13-16, 20 and 21 of the '704 patent; claims 1-6, 
8-10, 12, 13, 15, and 16 of the '196 patent; claims 1, 2, 4, 5, 7, 15, 
17-19, 21, and 25 of the '585 patent; claims 1, 3-5, and 7-15 of the 
'800 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 or 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 complainant is: Rockwell Automation, Inc., 1201 South 2nd 
Street, Milwaukee, WI 53204-2410.
    (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: 3S-smart Software Solutions, GmbH, Memminger Str. 151, 
87439 Kempten, Germany; Advantech Corporation, 380 Fairview Way, 
Milpitas, CA 95035; Advantech Co., Ltd., No. 1, Alley 20, Lane 26, 
Rueiguang Road, Neihu District, Taipei City, Taiwan.
    (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 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: September 13, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-22430 Filed 9-16-16; 8:45 am]
 BILLING CODE 7020-02-P