Certain Tunable Lenses and Products Containing the Same; Notice of Institution of Investigation
| Published date | 28 October 2021 |
| Citation | 86 FR 59757 |
| Record Number | 2021-23447 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 86 Issue 206 (Thursday, October 28, 2021)
[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Notices]
[Pages 59757-59758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23447]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1282]
Certain Tunable Lenses and Products Containing the Same; Notice
of 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 September 27, 2021, under
section 337 of the Tariff Act of 1930, as amended, on behalf of
Holochip Corporation of Torrance, California. Supplements were filed on
October 7, 2021 and October 21, 2021. 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 tunable lenses and products
containing the same by reason of infringement of certain claims of U.S.
Patent No. 8,064,142 (``the '142 patent''); U.S. Patent No. 8,605,361
(``the '361 patent''); U.S. Patent No. 8,665,527 (``the '527 patent''),
and U.S. Patent No. 9,442,225 (``the '225 patent''). The complaint
further alleges that an industry in the United States exists as
required by the applicable Federal Statute. 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, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. 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.
FOR FURTHER INFORMATION CONTACT: Katherine Hiner, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
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 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 22, 2021, 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 25, 28-31, 34, 35, 42-48, 50, 52, 55, 58-63, 68, 73, 77, 78,
115-117 of the '142 patent; claims 1, 2, 4, 5, 9, 12, 15-19 of the '361
patent; claims 1-17, 19-21, 23-30, 32-34, and 36 of the '527 patent;
and claims 1-14 and 16 of the '225 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 ``fluid-based lenses
with variable focal lengths, components thereof, and products
containing the same'';
(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:
Holochip Corporation, 4030 Spencer Street, Suite 102, Torrance, CA
90503
(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:
Optotune AG, Bernstrasse 388, CH-8953 Dietikon, Switzerland
Edmund Optics, Inc., 101 E Gloucester Pike, Barrington, NJ 08007
(4) 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 is not participating as
a party in this investigation.
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), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant 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
[[Page 59758]]
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: October 22, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-23447 Filed 10-27-21; 8:45 am]
BILLING CODE 7020-02-P
