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Notice2015-155752015-06-25

Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing the Same: Notice of Institution of Investigation; Institution of Investigation Pursuant to 19 U.S.C. 1337

International Trade Commission

Abstract

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 30, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Pacific Bioscience Laboratories, Inc. of Redmond, Washington. A supplement to the complaint was filed on May 18, 2015. An amended complaint was filed on May 20, 2015. A supplement to the amended complaint was filed on May 21, 2015. The amended 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 electric skin care devices, brushes and chargers therefor, and kits containing same by reason of infringement of certain claims of U.S. Patent No. 7,320,691 ("the '691 patent"); U.S. Patent No. 7,386,906 ("the '906 patent"); and U.S. Design Patent No. D523,809 ("the '809 patent"), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The amended complaint, as supplemented, further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain electric skin care devices, brushes and chargers therefor, and kits containing the same, by reason of trade dress infringement, the threat or effect of which is to destroy or substantially injure an industry in the United States. The complainant requests that the Commission institute an investigation and, after the investigation, issue a general exclusion order and cease and desist orders.

Action & Dates

Action
Notice.

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. International Trade Commission [Investigation No. 337-TA-959] AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 30, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 , on behalf of Pacific Bioscience Laboratories, Inc. of Redmond, Washington. A supplement to the complaint was filed on May 18, 2015. An amended complaint was filed on May 20, 2015. A supplement to the amended complaint was filed on May 21, 2015. The amended 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 electric skin care devices, brushes and chargers therefor, and kits containing same by reason of infringement of certain claims of U.S. Patent No. 7,320,691 (“the '691 patent”); U.S. Patent No. 7,386,906 (“the '906 patent”); and U.S. Design Patent No. D523,809 (“the '809 patent”), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The amended complaint, as supplemented, further alleges violations of section 337 based upon the importation into the United States, or in the sale of certain electric skin care devices, brushes and chargers therefor, and kits containing the same, by reason of trade dress infringement, the threat or

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Citation: 80 FR 36576