[Federal Register Volume 83, Number 239 (Thursday, December 13, 2018)]
[Notices]
[Pages 64156-64157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26995]
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INTERNATIONAL TRADE COMMISSION
Certain Electronic Nicotine Delivery Systems 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 October 3, 2018, under section
337 of the Tariff Act of 1930, as amended, on behalf of Juul Labs, Inc.
of San Francisco, California. A letter supplementing the complaint was
filed on October 17, 2018. An amended complaint was filed on October
26, 2018. The amended 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
electronic nicotine delivery systems and components thereof by reason
of infringement of certain claims of U.S. Patent No. 10,070,669 (``the
'669 patent''); U.S. Patent No. 10,076,139 (``the '139 patent''); U.S.
Patent No. 10,045,568 (``the '568 patent''); U.S. Patent No. 10,058,130
(``the '130 patent''); and U.S. Patent No. 10,104,915 (``the '915
patent''). The amended complaint further alleges that an industry in
the United States exists as required by the applicable Federal Statute.
The complainants requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The amended 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)
[[Page 64157]]
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: Pathenia M. Proctor, 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, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2018).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on December 6, 2018, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 2, 4, 5, 7, 8, 10, 12, 13, 16, 17, 20, and 21 of the '669
patent; claims 1-4, 9-11, 13, 14, 19-21, 24, 28, and 29 of the '139
patent; claims 1-3, 5-9, 12, and 17-20 of the '568 patent; claims 1, 2,
4-6, 8-10, 16, 19, 21, and 27 of the '130 patent; and claims 1-4, 6, 9,
11, 12, 18-23, and 27 of the '915 patent; and whether an industry in
the United States exists as required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``nicotine vaporizer
devices and the associated pods sold for use with the devices, and
components thereof'';
(3) 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);
(4) 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: Juul Labs, Inc., 560 20th Street, San
Francisco, CA 94107.
(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:
J Well France S.A.S., 50 rue de Miromesnil, 75008 Paris, France
Bo Vaping, 591 Stewart Avenue, Garden City, NY 11530
MMS Distribution LLC, 195 Lake Louise Marie Road, Rock Hill, NY 12775
The Electric Tobacconist, LLC, 3235 Prairie Avenue, Boulder, CO 80301
Vapor 4 Life Holdings, Inc., 4080 Commercial Avenue, Suite A,
Northbrook, IL 60062
Eonsmoke, LLC, 1500 Main Ave, 2nd Floor, Clifton, NJ 07011
ZLab S.A., Ave. Golero, 911 Office 27, Punta del Este--Maldonado--
Uruguay 20100
Ziip Lab Co., Limited, E district 4F, 5 building, Wen Ge Industrial
Zone, Heshuikou Gongming St., Guangming New District, Shenzhen City,
Guangdong Province, China 518106
Shenzhen Yibo Technology Co., Ltd., E district 4F, 5 building, Wen Ge
Industrial Zone, Heshuikou, Gongming St., Guangming New District,
Shenzhen City, Guangdong Province, China 518106
XFire, Inc., 820 Summer Park Dr., Suite 700, Stafford, TX 77477
ALD Group Limited, No. 2, 3rd Industrial Road, Shixin Community, Shiyan
Street, Bao'an District, Shenzhen City, Guangdong Province, China
518108
Flair Vapor LLC, 2500 Hamilton Blvd., Suite B, South Plainfield, NJ
07080
Shenzhen Joecig Technology Co., Ltd., 1F-5F, Building 17, Quarter G
ShaJing Rd., Gonghe 3rd Industry District, Baoan District, Shenzhen
City, Guangdong Province, China 518104
Myle Vape Inc., 8085 Chevy Chase Street, Jamaica, NY 11432
Vapor Hub International, Inc., 1871 Tapo Street, Simi Valley, CA 93063
Limitless Mod Co., 4590 Ish Drive, Suite 100, Simi Valley, CA 93063
Asher Dynamics, Inc., 14345 Pipeline Avenue, Chino, CA 91710
Ply Rock, 14345 Pipeline Avenue, Chino, CA 91710
Infinite-N Technology Limited, 4F, iTone Digital Park, Xin Fa San Road,
Sha Jing Shenzhen City, Guangdong Province, China 518200
King Distribution LLC, 281 Route 46 West, Elmwood Park, NJ 07407
Keep Vapor Electronic Tech. Co., Ltd., Block D, XinLong Techno Park,
ShaJing Town, Bao An District, Shenzhen, China
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) 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: December 10, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-26995 Filed 12-12-18; 8:45 am]
BILLING CODE 7020-02-P