[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Notices]
[Pages 25627-25628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11390]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1059]


Certain Digital Cameras, 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 April 28, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Carl Zeiss AG 
of Germany and ASML Netherlands B.V. of the Netherlands. A supplement 
to the complaint was filed on May 17, 2017. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the

[[Page 25628]]

United States after importation of certain digital cameras, software, 
and components thereof by reason of infringement of certain claims of 
U.S. Patent No. 6,301,440 (``the '440 patent''); U.S. Patent No. 
6,463,163 (``the '163 patent''); U.S. Patent No. 6,714,241 (``the '241 
patent''); U.S. Patent No. 6,731,335 (``the '335 patent''); U.S. Patent 
No. 6,834,128 (``the '128 patent''); U.S. Patent No. 7,297,916 (``the 
'916 patent''); and U.S. Patent No. 7,933,454 (``the '454 patent''). 
The complaint further alleges that an industry in the United States is 
in the process of being established as required by the applicable 
Federal Statute.
    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 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: Katherine Hiner, Office of the 
Secretary, Docket Services, U.S. International Trade Commission, 
telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION: 

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2017).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on May 26, 2017, 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 digital 
cameras, software, and components thereof by reason of infringement of 
one or more of claims 1-4, 6-10, 12-14, 16-19, 21-28, 30-35, 37-44, 46-
50, and 52-56 of the '440 patent; claims 1-4, 6, 7, 9-11, 14-16, and 19 
of the '163 patent; claims 1-3, 5-12, and 14-18 of the '241 patent; 
claims 1-12 of the '335 patent; claims 1, 2, 4, 5, 12, 13, 16, 17, and 
19 of the '128 patent; claims 1-9 of the '916 patent; and claims 1, 2, 
4-12, and 16-28 of the '454 patent, and whether an industry in the 
United States is in the process of being established as required by 
subsection (a)(2) of section 337;
    (2) 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:

Carl Zeiss AG, Carl-Zeiss-Stra[eszett]e, Oberkochen, Germany 73447.
ASML Netherlands B.V., De Run 6501, 5504DR, Veldhoven, Netherlands.

    (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:

Nikon Corporation, Shinagawa Intercity Tower C, 2-15-3, Konan, Minato-
ku, Tokyo 108-6290, Japan.
Sendai Nikon Corporation, 277, Aza-hara, Tako, Natori, Miyagi 981-1221, 
Japan.
Nikon Inc., 1300 Walt Whitman Road, Melville, NY 11747-3064.
Nikon (Thailand) Co., Ltd., 1/42 Moo 5, Rojana Industrial Park, Rojana 
Road, Tambol Kanham, Amphur U-Thai, Ayutthaya 13210, Thailand.
Nikon Imaging (China) Co., Ltd., No. 11, Changjian South Road, New 
District, Wuxi, Jiangsu 214028, China.
PT Nikon Indonesia, 35th Floor, Wisma 46-Kota BNI, Jl. Jend. Sudirman 
Kav. 1, Jakarta, 10220, Indonesia.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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: May 26, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-11390 Filed 6-1-17; 8:45 am]
 BILLING CODE 7020-02-P