[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Notices]
[Pages 60451-60452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24371]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1182]


Certain Argon Plasma Coagulation System Probes, Their Components, 
and Other Argon Plasm Coagulation System Components for Use Therewith; 
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 7, 2019, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Erbe 
Elektromedizin GmbH of the Republic of Germany and Erbe USA, Inc. of 
Marietta, Georgia. The 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 argon plasma coagulation system probes, their components, and 
other argon plasma coagulation system components for use therewith by 
reason of infringement of certain claims of U.S. Patent No. 7,311,707 
(``the '707 patent''); U.S. Patent No. 7,717,911 (``the '911 patent''); 
U.S. Patent No. 9,510,889 (``the '889 patent''); U.S. Patent No. 
9,603,653 (``the '653 patent''); and U.S. Patent No. D577,671 (``the 
'671 patent''). The complaint further alleges that an industry in the 
United States exists as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The 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) 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 Proctor, 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 (2019).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 4, 2019, 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 and 5-8 of the '707 patent; claims 1, 3-6, and 9 of the '911 
patent; claims 1-10, 14, 16-22, and 24-27 of the '889 patent; claims 1-
3, 5, 6, 8-10, 13, 14, and 16 of the '653 patent; and the claim of the 
'671 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 ``argon plasma 
coagulation (``APC'') probes for use in endoscopic procedures, their 
components, and other APC system components for use with those 
probes'';
    (3) 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:

Erbe Elektromedizin GmbH, Waldh[ouml]rnlestrasse 17, 72072 
T[uuml]bingen, Republic of Germany
Erbe USA, Inc., 2225 Northwest Parkway, Marietta, GA 30067

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and is/are the parties upon which the 
complaint is to be served:

Olympus Corporation, Shinjuku Monolith, 3-1 Nishi-Shinjuku 2-

[[Page 60452]]

chome, Shinjuku-ku, Tokyo 163-0914, Japan
Olympus Corporation of the Americas, 3500 Corporate Parkway, Center 
Valley, PA 18034-0610
Olympus America, Inc., 3500 Corporate Parkway, Center Valley, PA 18034-
0610
Olympus Surgical Technologies Europe, Kuehnstrasse 61, 22045 Hamburg, 
Republic of Germany
Olympus Winter & lbe GmbH, Kuehnstrasse 61, 22045 Hamburg Republic of 
Germany
Olympus KeyMed Group Limited, KeyMed House, Stock Road, Southend-on-
Sea, ESSEX, SS2 5QH, United Kingdom
KeyMed (Medical & Industrial Equipment) Ltd., KeyMed House, Stock Road, 
Southend-on-Sea, ESSEX, SS2 SQH, United Kingdom
Olympus Bolton, 18 Queensbrook, BOLTON, BL1 4AY, United Kingdom
Olympus Surgical Technologies Europe [verbar] Cardiff, Fortran Road, 
St. Mellons, CARDIFF, CF3 0LT, United Kingdom

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) 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: November 4, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-24371 Filed 11-7-19; 8:45 am]
BILLING CODE 7020-02-P