[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4854-4855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02671]
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INTERNATIONAL TRADE COMMISSION
[Investigative No. 337-TA-1063]
Certain X-Ray Breast Imaging Devices and Components Thereof;
Notice of Commission Decision To Terminate the Investigation Based on
Settlement; 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 to grant the private parties' joint motion to
terminate the investigation based on settlement. The investigation is
terminated.
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 this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on August 1, 2017, based on a complaint and supplement, filed on behalf
of Hologic, Inc. of Marlborough, Massachusetts. 82 FR 35823-24 (Aug. 1,
2017). The complaint, as supplemented, 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 x-ray breast imaging devices and components thereof by reason
of infringement of certain claims of U.S. Patent No. 7,831,296; U.S.
Patent No. 8,452,379 (``the '379 patent''); U.S. Patent No. 7,688,940;
U.S. Patent No. 7,986,765 (``the '765 patent''); and U.S. Patent No.
7,123,684. The complaint further alleges that an industry in the United
States exists as required by section 337. The notice of investigation
named FUJIFILM Corporation of Tokyo, Japan; FUJIFILM Medical Systems
USA, Inc. of Stamford, Connecticut; and FUJIFILM Techno Products Co.,
Ltd. of Hanamaki-Shi Iwate, Japan (collectively ``Fujifilm'') as
respondents. The Office of Unfair Import Investigations (``OUII'') was
named as a party. On January 18, 2018, the '765 patent was terminated
in its entirety from the investigation. See Order No. 18 (Jan. 18,
2018) (unreviewed). On February 27, 2018, claims 6-10 of the '379
patent were terminated from the investigation. See Order No. 21 (Feb.
27, 2018) (unreviewed).
On July 26, 2018, the administrative law judge (``ALJ'') issued the
final initial
[[Page 4855]]
determination (``ID'') in this investigation. The ALJ found that a
violation of section 337 has occurred. On October 24, 2018, the
Commission determined to review the ID in part. 83 FR 54608-10 (October
30, 3018).
On February 4, 2019, Hologic and Fujifilm filed a joint motion to
terminate the investigation based on a settlement. The motion includes
both confidential and public versions of the settlement agreement, and
the parties represent that there are no other agreements, written or
oral, express or implied between them concerning the subject matter of
the proceeding. The parties also contend that the termination of the
investigation would not adversely affect the public interest. On
February 8, 2019, OUII filed a response in support of the motion.
The Commission has determined to grant the joint motion. The
Commission finds that the private parties have complied with the
Commission's Rules, and that termination of the investigation would not
adversely affect the public interest. The investigation is terminated.
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: February 13, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-02671 Filed 2-15-19; 8:45 am]
BILLING CODE 7020-02-P