Certain Hybrid Electric Vehicles and Components Thereof Institution of Investigation |
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Topics: Paice
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Lisa R. Barton
International Trade Commission
10 March 2017
[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Notices]
[Pages 13363-13364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04737]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1042]
Certain Hybrid Electric Vehicles and Components Thereof
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 February 2, 2017, under section
337 of the Tariff Act of 1930, as amended, on behalf of Paice LLC of
Baltimore, Maryland and Abell Foundation, Inc. of Baltimore, Maryland.
Letters supplementing the complaint were filed on February 15, 2017,
and February 21, 2017. The complaint, as 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 hybrid electric vehicles and components
thereof by reason of infringement of U.S. Patent No. 7,104,347 (``the
'347 patent''); U.S. Patent No. 7,237,634 (``the '634 patent''); U.S.
Patent No. 7,455,134 (``the '134 patent''); U.S. Patent No. 7,559,388
(``the '388 patent''); and U.S. Patent No. 8,214,097 (``the '097
patent''). The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and a cease and desist order.
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: The Office of the Secretary, Docket
Services Division, U.S. International Trade Commission, telephone (202)
205-1802.
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 (2016).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 6, 2017, 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 hybrid
electric vehicles and components thereof by reason of infringement of
one or more of claims 1, 2, 7, 10, 15, 23, 24, 28, 31, 36, and 37 of
the '347 patent; claims 1, 5, 6, 13, 16, 18, 25, 33, 53, 80, 94, 95,
98, 99, 100, 101, 112, 215, 227, 235, 240, 267, and 290 of the '634
patent; claims 16, 17, 18, and 40 of the '134 patent; claims 1 and 3 of
the '388 patent; and claims 21, 30, 32, 33, and 34 of the '097 patent,
and whether an industry in the United States exists 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 complainants are: Paice LLC, 111 South Calvert Street,
Suite 2310, Baltimore, MD 21202; Abell Foundation, Inc., 111 South
Calvert Street, Suite 2310, Baltimore, MD 21202.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the complaint is
to be served: Ford Motor Company, 1 American Road, Dearborn, MI 48126.
[[Page 13364]]
(3) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondent 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 the 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: March 7, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-04737 Filed 3-9-17; 8:45 am]
BILLING CODE 7020-02-P