[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2440-2441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00510]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1190]
Certain Wearable Monitoring Devices, Systems, 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 December 10, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of Philips North
America, LLC of Andover, Massachusetts and Koninklijke Philips N.V. of
Eindhoven, Netherlands. Supplements to the complaint were filed on
December 13 and 30, 2019. 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 wearable monitoring devices, systems, and components thereof by
reason of infringement of certain claims of U.S. Patent No. 7,845,228
(``the '228 patent''); U.S. Patent No. 9,820,698 (``the '698 patent'');
U.S. Patent No. 9,717,464 (``the '464 patent''); and U.S. Patent No.
9,961,186 (``the '186 patent''). The complaint further alleges that an
industry in the United States exists or is in the process of being
established 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 M. Proctor, The 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 January 9, 2020, 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 1-3 of the '228 patent; claims 1 and 6 of the '698 patent;
claims 1 and 6 of the '464 patent; and claims 1, 3-4, and 8 of the '186
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) 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 ``wearable monitoring
devices, such as activity trackers and fitness trackers, including
health and activity monitoring devices, that may be worn on the wrist
like a watch or bracelet or attached to clothing'';
(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:
Philips North America, LLC, 3000 Minuteman Road, Andover, Massachusetts
01810
Koninklijke Philips N.V., High Tech Campus 34, 5656 AE Eindhoven,
Netherlands
(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:
Fitbit, Inc., 199 Fremont Street, 14th Floor, San Francisco, CA 94105
Garmin International, Inc., 1200 E 151st Street, Olathe, KS 66062
Garmin USA, Inc., 1200 E 151st Street, Olathe, KS 66062
Garmin Ltd. d/b/a Garmin Switzerland GmbH, Muhlentalstrasse 2,
Schaffhausen, 8200 Switzerland
Ingram Micro Inc., 3351 Michelson Drive, Suite 100, Irvine, CA 92612
Maintek Computer (Suzhou) Co., Ltd., No. 233 Jinfeng Road, Suzhou New
District, Jiangsu Province, 215011 China
Inventec Appliances (Pudong), No. 789 Pu Xing Road, Jiangsu Province,
Shanghai 201114 China
(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
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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: January 10, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-00510 Filed 1-14-20; 8:45 am]
BILLING CODE 7020-02-P