[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Notices]
[Page 90869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30093]



[[Page 90869]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-999]


Certain Air Mattress Bed Systems and Components Thereof 
Commission Determination Not to Review Two Initial Determinations 
Terminating the Investigation Based Upon a Consent Order Stipulation 
and Proposed Consent Order, a Settlement Agreement, and a Withdrawal of 
the Complaint; Issuance of a Consent Order; Termination of the 
Investigation

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 two initial determinations 
(``IDs'') (Order Nos. 9 and 10) of the presiding administrative law 
judge (``ALJ'') terminating the above-captioned investigation based 
upon a consent order stipulation and proposed consent order, a 
settlement agreement, and a withdrawal of the complaint. The Commission 
has also determined to issue the consent order. The investigation is 
terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-5468. 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 
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. 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 May 23, 2016, based on a complaint filed by Select Comfort 
Corporation of Minneapolis, Minnesota; and Select Comfort SC 
Corporation of Greenville, South Carolina (together, ``Select 
Comfort''). 81 FR 32344-45. The complaint alleges a violation of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 
based on infringement of U.S. Patent Nos. 6,804,848 (``the '848 
patent'') and 7,389,554 (``the '554 patent'') by respondents Elements 
of Rest Inc. of Atlanta, Georgia, and Responsive Surface Technology LLC 
of Atlanta, Georgia (together, ``ReST''); and American National 
Manufacturing Inc. of Corona, California, and Dires LLC d/b/a Personal 
Comfort Bed of Orlando, Florida (together, ``ANM''). Id. The Office of 
Unfair Import Investigations is not a party to the investigation. Id. 
at 32345.
    On November 4, 2016, Select Comfort and ReST filed a joint motion 
to terminate the investigation with respect to ReST's alleged 
infringement of the '554 patent based on a consent order stipulation 
and proposed consent order. No party responded to the motion. On 
November 18, 2016, the ALJ issued an ID (Order No. 9) granting the 
motion.
    Also on November 4, 2016, Select Comfort moved to terminate the 
investigation in its entirety. Specifically, Select Comfort moved to 
terminate the investigation with respect to ReST's alleged infringement 
of the '848 patent based on a settlement agreement, and to terminate 
the investigation with respect to ANM based on a withdrawal of the 
complaint. On November 9, 2016, ANM opposed its termination from the 
investigation. On November 18, 2016, the ALJ issued an ID (Order No. 
10) granting the motion.
    No petitions for review of either ID were received.
    The Commission has determined not to review either ID, and to issue 
the consent order. The investigation is terminated in its entirety.
    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.

    Issued: December 9, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-30093 Filed 12-14-16; 8:45 am]
BILLING CODE 7020-02-P