2282 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) Indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) Explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions must be filed no 

later than by close of business, eight 

calendar days after the date of 

publication of this notice in the Federal 

Register. There will be further 

opportunities for comment on the 

public interest after the issuance of any 

final initial determination in this 

investigation. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above and submit 8 true paper 

copies to the Office of the Secretary by 

noon the next day pursuant to section 

210.4(f) of the Commission’s Rules of 

Practice and Procedure (19 CFR 

210.4(f)). Submissions should refer to 

the docket number (‘‘Docket No. 2930’’) 

in a prominent place on the cover page 

and/or the first page. (See Handbook for 

Electronic Filing Procedures, http:// 

www.usitc.gov/secretary/ 

fed_reg_notices/rules/ 

handbook_on_electronic_filing.pdf). 

Persons with questions regarding filing 

should contact the Secretary (202–205– 

2000). 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All nonconfidential 

written submissions will be available for 

public inspection at the Office of the 

Secretary and on EDIS. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of sections 201.10 and 210.8(c) of 

the Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: January 7, 2013. 

Lisa R. Barton, 

Acting Secretary to the Commission. 

[FR Doc. 2013–00327 Filed 1–9–13; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–562] 

Certain Incremental Dental Positioning 

Adjustment Appliances and Methods 

of Producing Same (Enforcement 

Proceeding); Commission 

Determination To Review and Reverse 

an Initial Determination of the 

Presiding Administrative Law Judge; 

Termination of the Enforcement 

Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

and reverse an initial determination 

(‘‘ID’’) (Order No. 57) of the presiding 

administrative law judge in the abovecaptioned enforcement proceeding. The 

enforcement proceeding is hereby 

terminated. 

FOR FURTHER INFORMATION CONTACT: 

James A. Worth, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW., 

Washington, DC 20436, telephone 202– 

205–3065. Copies of non-confidential 

documents filed in connection with this 

investigation are or will be 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., Washington, DC 20436, 

telephone 202–205–2000. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server (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. Hearing-impaired 

persons are advised that information on 

this matter can be obtained by 

contacting the Commission’s TDD 

terminal on 202–205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted the underlying 

investigation in this matter on February 

15, 2006, based on a complaint filed by 

Align Technology, Inc. (‘‘Align’’) of 

Santa Clara, California (now of San Jose, 

California). 71 FR 7995–96. The 

complaint alleged violations of section 

337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain incremental dental positioning 

adjustment appliances by reason of 

infringement of certain claims of U.S. 

Patent Nos. 6,685,469; 6,450,807 (‘‘the 

’807 patent’’); 6,394,801; 6,398,548; 

6,722,880 (‘‘the ’880 patent’’); 6,629,840; 

6,699,037; 6,318,994; 6,729,876; 

6,602,070; 6,471,511 (‘‘the ’511 patent’’); 

and 6,227,850. The complaint also 

alleged a violation of section 337 by 

reason of misappropriation of trade 

secrets. The Commission’s notice of 

investigation named OrthoClear, Inc. of 

San Francisco, California; OrthoClear 

Holdings, Inc. of Tortola, British Virgin 

Islands; and OrthoClear Pakistan Pvt, 

Ltd. of Lahore, Pakistan as respondents. 

On July 11, 2006, the ALJ granted 

Align’s motion to terminate the 

investigation as to the ’807 patent, 

which the Commission determined not 

to review. Order No. 10 (July 11, 2006), 

Notice of Non-Review (July 20, 2006). 

On November 13, 2006, the 

Commission issued notice of its 

determination not to review the 

presiding administrative law judge’s 

initial determination granting Align’s 

and respondents’ joint motion to 

terminate the investigation as to 

respondents (and in its entirety) based 

on a consent order. The consent order 

prohibits the importation, sale for 

importation, and sale in the United 

States after importation of incremental 

dental positioning adjustment 

appliances referenced in the complaint 

and any other articles manufactured in 

violation of the asserted patents or trade 

secrets. 

On March 1, 2012, Align filed a 

complaint for an enforcement 

proceeding under Commission Rule 

210.75, and filed a corrected complaint 

on March 22, 2012. On April 25, 2012, 

the Commission determined that the 

criteria for institution of an enforcement 

proceeding were satisfied and instituted 

an enforcement proceeding, naming the 

following six respondents: ClearCorrect 

USA of Houston, Texas; ClearCorrect 

Pakistan (Private), Ltd. (‘‘ClearCorrect 

Pakistan’’) of Lahore, Pakistan; and 

Mudassar Rathore, Waqas Wahab, 

Nadeem Arif, and Asim Waheed (the 

‘‘bound officers’’). 77 FR 25747 (May 1, 

2012). The complaint for enforcement, 

as corrected, asserts that the successors 

and bound officers of the original 

respondents have violated the 

November 13, 2006, consent order by 

the continued practice of prohibited 

activities such as importing, offering for 

sale, and selling for importation into the 

United States of articles that infringe the 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 2283 

’511 and ’880 patents. According to the 

complaint for enforcement, the 

imported items are digital datasets, 

which are used to manufacture dental 

appliances. The notice of institution of 

an enforcement proceeding noted the 

threshold issue of whether the accused 

digital datasets are within the scope of 

the consent order sought to be enforced, 

and indicated that the ALJ may wish to 

consider this issue at an early date. 

On November 28, 2012, the ALJ 

issued Order No. 57, addressing 

whether the accused digital datasets are 

articles within the meaning of the 

consent order. On December 21, 2012, 

the Commission issued a notice 

recognizing that Order No. 57 is an ID 

provided for in the notice of institution 

of an enforcement proceeding and that 

the deadline for determining whether to 

review the ID is January 14, 2013. 

On December 6, 2012, respondents 

filed a petition for review of the ID. On 

December 13, 2012, complainant and 

the Commission investigative attorney 

filed responses. 

Having examined the petitions for 

review, the responses thereto, and the 

relevant portions of the record, the 

Commission has determined to review 

and reverse the subject ID because the 

subject consent order did not contain an 

express provision prohibiting the 

electronic transmission of data. The 

Commission’s determination is 

dispositive of complainant’ s claims, 

and as such, the Commission terminates 

the enforcement proceeding with a 

finding of no violation of the consent 

order. An opinion will follow. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in Part 

210 of the Commission’s Rules of 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: January 4, 2013. 

Lisa R. Barton, 

Acting Secretary to the Commission. 

[FR Doc. 2013–00313 Filed 1–9–13; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–13–001] 

Sunshine Act Meeting 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: January 15, 2013 at 11:00 

a.m. 

PLACE: Room 101, 500 E Street SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agendas for future meetings: None. 

2. Minutes 

3. Ratification List 

4. Vote in Inv. No. 731–TA–739 (Third 

Review)(Clad Steel Plate from 

Japan). The Commission is 

currently scheduled to transmit its 

determination and Commissioners’ 

opinions to the Secretary of 

Commerce on or before January 28, 

2013. 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

By order of the Commission. 

Issued: January 8, 2013. 

William R. Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2013–00418 Filed 1–8–13; 4:15 pm] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–13–002] 

Sunshine Act Meeting 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: January 16, 2013 at 11:00 

a.m. 

PLACE: Room 101, 500 E Street SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agendas for future meetings: None. 

2. Minutes 

3. Ratification List 

4. Vote in Inv. Nos. 701–TA–487 and 

731–TA–1198 (Final)(Steel Wire 

Garment Hangers from Vietnam). 

The Commission is currently 

scheduled to transmit its 

determinations and Commissioners’ 

opinions to the Secretary of 

Commerce on or before January 28, 

2013. 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

Issued: January 8, 2013. 

By order of the Commission. 

William R. Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2013–00426 Filed 1–8–13; 4:15 pm] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–13–003] 

Sunshine Act Meeting 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: January 18, 2013 at 11:00 

a.m. 

PLACE: Room 101, 500 E Street SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agendas for future meetings: None. 

2. Minutes 

3. Ratification List 

4. Vote in Inv. Nos. 701–TA–486 and 

731-TA–1195–1196 (Final)(Utility 

Scale Wind Towers from China and 

Vietnam). The Commission is 

currently scheduled to transmit its 

determinations and 

Commissioners’’ opinions to the 

Secretary of Commerce on or before 

January 30, 2013. 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

Issued: January 8, 2013. 

By order of the Commission. 

William R. Bishop, 

Supervisory Hearings and Information 

Officer. 

[FR Doc. 2013–00477 Filed 1–8–13; 4:15 pm] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging Proposed Consent 

Decree 

In accordance with Departmental 

Policy, 28 CFR § 50.7, notice is hereby 

given that a proposed Consent Decree in 

United States v. DMH Partners North, 

LLC, et al., Civil Action No. 12-cv-3203 

(RHK/LIB), was lodged with the United 

States District Court for the District of 

Minnesota on January 2, 2013. 

This proposed Consent Decree 

concerns a complaint filed by the 

United States against DMH Partners 

North, LLC, Patrick T. Christiansen, 


wreier-aviles on DSK5TPTVN1PROD with