[Federal Register Volume 82, Number 6 (Tuesday, January 10, 2017)]
[Notices]
[Pages 3024-3025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00179]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-967]


Certain Document Cameras and Software for Use Therewith; 
Commission Decision To Rescind a Limited Exclusion Order and Cease and 
Desist Order

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Commission has rescinded a limited exclusion order denying entry of 
certain document cameras and software for use therewith and a cease and 
desist order against QOMO HiteVision, LLC (``QOMO'') based on 
settlement.

FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, 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 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

[[Page 3025]]

this matter can be obtained by contacting the Commission's TDD terminal 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on September 24, 2015, based on a complaint filed on behalf of Pathway 
Innovations & Technologies, Inc. of San Diego, California 
(``Complainant''). 80 FR 57642 (September 24, 2015). The complaint 
alleges violations of Section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the sale for importation, importation, or 
sale within the United States after importation of certain document 
cameras and software for use therewith by reason of infringement of 
certain claims of U.S. Design Patent No. D647,906; U.S. Design Patent 
No. D674,389; U.S. Design Patent No. D715,300; and U.S. Patent No. 
8,508,751. The Commission's notice of investigation named the following 
respondents: Recordex USA, Inc., of Long Island City, New York 
(``Recordex''); QOMO of Wixom, Michigan; and Adesso, Inc. of Walnut, 
California (``Adesso''). The Office of Unfair Import Investigations was 
named as a party but has subsequently withdrawn from the investigation. 
Adesso was terminated based on a consent order stipulation and consent 
order. Order No. 5 (unreviewed) (Nov. 23, 2015). QOMO was found to be 
in default. Order No. 10 (unreviewed) (Dec. 7, 2015). Recordex was 
terminated based on settlement. Order No. 19 (unreviewed) (May 13, 
2016).
    On December 7, 2015, the Commission determined not to review an 
initial determination finding QOMO in default. On August 5, 2016, the 
Commission issued a limited exclusion order and cease and desist order 
directed to QOMO.
    On November 22, 2016, Complainant filed a petition to rescind the 
limited exclusion order and cease and desist order because the parties 
had entered into a settlement agreement. The petition argued that the 
parties' agreement constitutes changed circumstances sufficient under 
Commission Rule 210.76(a)(1) to warrant rescission of the limited 
exclusion order and cease and desist order.
    The Commission has determined to grant the petition and to rescind 
the limited exclusion order and cease and desist order direct to QOMO.
    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: January 4, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-00179 Filed 1-9-17; 8:45 am]
BILLING CODE 7020-02-P