[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