[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Pages 8544-8545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04243]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1134]


Certain Sleep-Disordered Breathing Treatment Mask Systems and 
Components Thereof; Notice of the Commission's Determination To Review 
an Initial Determination Amending the Complaint and Notice of 
Investigation; Affirmance of the Initial Determination With Modified 
Reasoning

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 review the presiding administrative law 
judge's (``ALJ'') initial determination (``ID'') (Order No. 11) 
amending the complaint and notice of investigation to reflect a 
corporate name change of complainant ResMed Ltd to ResMed Pty Ltd.

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

[[Page 8545]]

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 October 4, 2018, based on a complaint, as supplemented, filed on 
behalf of ResMed Corp. of San Diego, California, ResMed Inc. of San 
Diego, California, and ResMed Ltd. of Bella Vista, Australia 
(collectively, ``Complainants''). 83 FR 50,121 (October 4, 2018). The 
complaint, as supplemented, alleges violations of Section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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 
sleep-disordered breathing treatment mask systems and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
9,119,931; U.S. Patent No. 9,027,556; U.S. Patent No. 9,962,511; U.S. 
Patent No. 9,962,510; U.S. Patent No. 9,937,315. The complaint further 
alleges that an industry in the United States exists as required by 
section 337. The notice of investigation named Fisher & Paykel 
Healthcare Limited of Auckland, New Zealand; Fisher & Paykel 
Healthcare, Inc. of Irvine, California; and Fisher & Paykel Healthcare 
Distribution Inc. of Irvine, California as respondents. The Office of 
Unfair Import Investigations is not participating in this 
investigation.
    On February 13, 2019, the Complainants filed an unopposed motion 
for leave to amend the complaint and notice of investigation to reflect 
a corporate name change of one of the complainants from ResMed Ltd to 
ResMed Pty Ltd. Complainants argued that good cause exists and that 
there would be no harm to the public interest.
    On February 14, 2019, the ALJ issued the subject ID, granting 
complainants' unopposed motion. The ID found that good cause exists to 
amend the complaint and notice of investigation. The ID also noted that 
there was no opposition to the motion. No petitions for review were 
filed.
    The Commission has determined to review the ID. On review, the 
Commission affirms the ID's finding that good cause has been shown. The 
Commission further finds that the amendment to the notice of 
investigation and complaint would not prejudice the public interest. 
The complaint and notice of investigation are amended to reflect the 
corporate name change from ResMed Ltd to ResMed Pty Ltd.
    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: March 5, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-04243 Filed 3-7-19; 8:45 am]
 BILLING CODE 7020-02-P