Certain Variable Valve Actuation Devices and Automobiles Containing the Same Institution of Investigation

Topics:  Fiat Chrysler Automobiles

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