[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Page 12000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06045]


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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 Not To 
Review an Initial Determination Terminating the Investigation Based on 
Settlement; Termination of the Investigation in Its Entirety

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 not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 13) 
terminating 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 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; and 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 names Fisher & 
Paykel Healthcare Limited of Auckland, New Zealand; Fisher & Paykel 
Healthcare, Inc. of Irvine, California; and Fisher & Paykel Healthcare 
Distribution Inc. of Irvine, California (collectively, ``Respondents'') 
as respondents. The Office of Unfair Import Investigations was not 
named as party in the investigation.
    On February 22, 2019, the Complainants and Respondents filed a 
joint motion to terminate the investigation based on settlement.
    On February 26, 2019, the ALJ issued the subject ID, granting the 
joint motion pursuant to Commission Rule 210.21(b). The ALJ found the 
parties included confidential and public versions of the settlement 
agreement and that the parties represented that there are no other 
agreements, written or oral, express or implied concerning the subject 
matter of the investigation. The ALJ also found that termination of the 
investigation is not contrary to the public interest. No petitions for 
review were filed.
    The Commission has determined not to review the ID. 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: March 25, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-06045 Filed 3-28-19; 8:45 am]
 BILLING CODE 7020-02-P