Certain Variable Valve Actuation Devices and Automobiles Containing the Same Institution of Investigation |
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Topics: Fiat Chrysler Automobiles
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Lisa R. Barton
International Trade Commission
April 14, 2015
[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Notices]
[Page 20012]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08511]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-954]
Certain Variable Valve Actuation Devices and Automobiles
Containing the Same 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 March 10, 2015, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Jacobs Vehicle Systems, Inc. of Bloomfield, Connecticut. An amended
complaint was filed on March 24, 2015. A supplement to the amended
complaint was filed on April 3, 2013. The complaint, as amended and
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 variable
valve actuation devices and automobiles containing the same by reason
of infringement of certain claims of U.S. Patent No. 5,829,397 (``the
'397 patent''); U.S. Patent No. 6,474,277 (``the '277 patent''); U.S.
Patent No. 6,883,492 (``the '492 patent''); U.S. Patent No. 7,059,282
(``the '282 patent''); U.S. Patent No. 8,776,738 (``the '738 patent'');
and U.S. Patent No. 8,820,276 (``the '276 patent''). The complaint, as
amended, further alleges that an industry in the United States exists
or is in the process of being established as required by subsection
(a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and cease and desist orders.
ADDRESSES: The complaint, as amended, 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 http://www.usitc.gov.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
and in section 210.10 of the Commission's Rules of Practice and
Procedure, 19 CFR 210.10 (2015).
Scope Of Investigation: Having considered the complaint, as
amended, the U.S. International Trade Commission, on April 8, 2015,
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 variable
valve actuation devices and automobiles containing the same by reason
of infringement of one or more of claims 32 and 33 of the '397 patent;
claim 36 of the '277 patent; claims 38-42, 44, and 45 of the '492
patent; claims 1, 4, 10, 13, 15-18, 25, and 27-30 of the '282 patent;
claims 1, 3, 5-7, 13-22, 31, 35-50, and 53-56 of the '738 patent; and
claims 1-10, 17, 19-23, and 26-28 of the '276 patent, and whether an
industry in the United States exists or is in the process of being
established as required by subsection (a)(2) of section 337;
(2) 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 complainant is: Jacobs Vehicle Systems, Inc., 22 East
Dudley Town Road, Bloomfield, CT 06002.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served: FCA US LLC, 1000 Chrysler Drive, Auburn Hills, MI
48326.
FCA M[eacute]xico, S.A. de C.V., Prol. Paseo de la Reforma 1240,
Desarrollo Santa Fe, M[eacute]xico D.F.
FCA Melfi S.p.A., Localit[aacute] San Nicola-Zona Industriale Snc,
85025 Melfi Potenza, Italy.
FCA Serbia d.o.o. Kragujevac, 4, Kosovska Str., Kragujevac 34000,
Serbia.
Fiat Chrysler Automobiles N.V., Fiat House, 240 Bath Road, Slough
SL1 4DX, United Kingdom.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(3) 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, as amended, 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, as amended, and the notice of investigation. Extensions of
time for submitting responses to the complaint, as amended, 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, as amended, and in this notice may be
deemed to constitute a waiver of the right to appear and contest the
allegations of the complaint, as amended, 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, as amended, 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: April 9, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-08511 Filed 4-13-15; 8:45 am]
BILLING CODE 7020-02-P