throbber
Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 1 of 21 PageID #: 2248
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 1 of 21 PageID #: 2248
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`EXHIBIT C
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`EXHIBIT C
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`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 2 of 21 PageID #: 2249
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 2 of 21 PageID #: 2249
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`' Washington, DC.
`
`In the Matter of
`
`AND COMPONENTS THEREOF
`
`CERTAIN ROAD MILLING MACHINES-
`
`.
`
`Inv. N0. 337-TA-1067
`
`INSTITUTION OF INVESTIGATION
`
`Institution of Investigation pursuant to 19 U.S.C.1337
`
`I
`
`AGENCY: US. International Trade Commission I
`
`ACTION: Notice
`
`SUMMARY: Notice is hereby given that a complaint was filed with the US. International
`Trade Commission on July 19, 2017, under section 337 of the Tariff Act of 1930, as amended,
`on behalf of Wirtgen America, Inc. of Antioch, Tennessee. Supplements were filed on August
`11, 2017. 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 road milling machines and components thereof by reason of infringement of one or more
`- of US. Patent No. 9,644,340 (“the ’340 patent”); US. Patent No. 9,624,628 (“the ’628 patent”); ,
`US. Patent No. 9,656,530 (“the ’530 patent”); US. Patent No. 7,530,641 (“the ’641 patent”);
`and US. Patent No. 7,828,309 (“the ’309 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, is
`available for inspection during official business hours (8:45 am. to 5:15 pm.) in the Office of
`the Secretary, US. International Trade Commission, 500 E Street, S.W., 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 intemet server at
`’ https://www.usitc. gov. The public record for this investigation maybe viewed onthe
`Commission's electronic docket (EDIS) at https://edis.usitc. gov.
`.
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17‘ Page 3 of 21 PageID #: 2250
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 3 of 21 PageID #: 2250
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`FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office ofUnfair
`Import Investigations, US. 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 C.F.R. 210.10 (2017).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the US. International
`Trade Commission, on August 18, 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 road milling machines and components thereof by
`reason of infringement of one or more of claims 1-5, 7-12, and 14-17 of the ’340 patent; claims
`1, 2, 5, 6, 9-22, and 27—29 of the ’628 patent; claims 1—7, 13-24, and 26 of the ’530 patent; claims
`1, 2, 4, 6-8, 11, 12, and 15-17 ofthe ’641 patent; and claims 1-3, 5-24, and 26-36 ofthe ’309
`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 complainant is:
`
`Wirtgen America, Inc.
`6030 Dana Way
`Antioch, TN 37013-3116
`
`(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:
`
`Caterpillar Bitelli SpA
`Via IV Novembre, 2
`
`40061 Minerbio BO,
`
`Italy
`
`Caterpillar Prodotti Stradali S.r.L.‘
`_ Via IV. Novembre, 2 7
`40061 Minerbio BO,
`
`Italy
`
`'
`
`,
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 4 of 21 PageID #: 2251
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 4 of 21 PageID #: 2251
`
`' Caterpillar Americas CV
`76 Route de Frontenex Boite Postale 6000
`‘ 1211 GeneVa, SwitZerland '
`‘
`'
`
`'
`
`Caterpillar Paving Products, Inc.
`. 9401 85th Avenue North
`Minneapolis, MN 55445
`
`Caterpillar Inc.
`' 100 NE Adams Street
`
`Peoria, IL 61629
`
`(c) The Office of Unfair Import Investigations, US. International Trade
`Commission, 500 E Street, S.W., Suite 401, Washington, DC. 20436; and
`
`(3) For the investigation so instituted, the Chief Administrative Law Judge, US.
`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 ofthe Commission’s Rules of Practice and
`Procedure, 19 C.F.R. 210.13. Pursuant to 19 C.F.R. 201 .16(e) a‘nd 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 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.
`
`'
`
`W3)
`
`Lisa R. Barton
`
`Secretary to the Commission
`
`Issued:August21,2017
`
`’.
`
`..
`
`__
`
`__
`
`..
`
`.,
`
`..
`
`__
`
`._
`
`H
`
`__
`
`__
`
`.....
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 5 of 21 PagelD #: 2252
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 5 of 21 PageID #: 2252
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC
`
`
`
`In the Matter of
`
`CERTAIN ROAD MILLING MACHINES AND
`COMPONENTS THEREOF
`
`
`Inves‘igatmn N“? 337-TA-1067
`
`‘ DESIGNATION 0F O'UII ATTORNEY
`FOR SERVICE OF PROCESS
`
`The Office of Unfair Import Investigations ("OUR”) hereby designates Monisha Deka,
`
`Esq., (202) 205—3180, monisha.deka@usitc.gov, as OUII‘s lead attorney for service of process. It
`
`is requested that all documents served by the Commission or filed by the parties in the above.
`
`_
`
`referenced investigation be ”served upon this attorney.
`
`Respectfiilly submitted,
`
`
`
`U.S. International Trade Commission
`500 E Street SW, Suite 401
`Washington, DC 20436
`202—205-2561
`
`202—205—21 58 (facsimile)
`
`August 21, 2017
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 6 of 21 PageID #: 2253
`
`CERTAIN ROAD MILLING MACHINES AND
`COMPONENTS THEREOF
`
`
`Inv. No. 337-TA-1067
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE OF INSTITUTION OF
`INVESTIGATION has been served by hand upon the Commission Investigative Attorney,
`MONISHA DEKA, and the following parties as indicated, on 8/22/2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Complainants:
`
`Wirtgen America, Inc.
`6030 Dana Way
`Antioch, TN 37013
`
`
`On Behalf of Complainants:
`
`Daniel E. Yonan, Esq.
`STERNE, KESSLER, GOLDSTEIN & FOX, PLLC
`1100 New York Avenue, N.W.
`Washington, DC 20005
`
`Respondents:
`
`Caterpillar Bitelli SpA
`Via IV Novembre, 2
`40061 Minerbio BO
`Italy
`
`Caterpillar Prodotti Stradali S.r.L.
`Via IV Novembre, 2
`40061 Minerbio BO
`Italy
`
`Caterpillar Americas CV
`76 Route de Frontenex Boite Postale 6000
`
`
`
`
`
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other:_____________
`
`
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other:_____________
`
`
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other:_____________
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other:_____________
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 7 of 21 PageID #: 2254
`
`CERTAIN ROAD MILLING MACHINES AND
`COMPONENTS THEREOF
`Certificate of Service – Page 2
`
`Inv. No. 337-TA-1067
`
`1211 Geneva, Switzerland
`
`
`Caterpillar Paving Products, Inc.
`9401 85th Avenue North
`Minneapolis, MN 55445
`
`
`Caterpillar Inc.
`100 NE Adams Street
`Peoria, IL 61629
`
`
`Embassy:
`
`Embassy of Italy
`3000 Whitehaven Street
`NW Washington, DC 20008
`
`
`Embassy of Switzerland
`2900 Cathedral Avenue
`NW Washington, DC 20008
`
`
`Government Agencies:
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`U.S. Department of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`U.S. Bureau of Customs and Border Protection
`Intellectual Property Rights Branch
`Mint Annex Building
`799 9th Street, NW, 7th floor
`Washington, DC 20229-1177
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of
`
`
`
`☐ Via First Class Mail
`☐ Other:_____________
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other:_____________
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other:_____________
`
`
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other:_____________
`
`☐ Via Hand Delivery
`☒ Via Express Delivery
`☐ Via First Class Mail
`☐ Other:_____________
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☒ Via First Class Mail
`☐ Other:_____________
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☒ Via First Class Mail
`☐ Other:_____________
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 8 of 21 PageID #: 2255
`
`CERTAIN ROAD MILLING MACHINES AND
`COMPONENTS THEREOF
`Certificate of Service – Page 3
`
`International Affairs
`Federal Trade Commission
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Dale D. Berkley, Ph.D., J.D.
`Office of the General Counsel, PHD, NIH Branch
`National Institutes of Health
`31 Center Drive
`Bldg. 31, Rm. 47
`Bethesda, MD 20892
`
`
`
`
`Inv. No. 337-TA-1067
`
`☒ Via First Class Mail
`☐ Other:_____________
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☒ Via First Class Mail
`☐ Other:_____________
`
`
`
`
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 9 of 21 PageID #: 2256
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 9 of 21 PageID #: 2256
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMlVIISSION
`
`WASHINGTON, DC 20436
`
`August 22, 2017
`
`Wirtgen America Inc.
`6030 Dana Way
`Antoioch, TN 37013
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`
`Dear Sir/Madam:
`
`This letter is to advise you that the US. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`
`Secretary
`
`
`
`Enclosures:
`
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 10 of 21 PageID #: 2257
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 10 of 21 PageID #: 2257
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`
`August 22, 2017
`
`Daniel E. Yonan
`
`Sterne, Kessler, Goldstein, & Fox PLLC
`110 New York Ave, NW
`Washington, DC 20005
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`
`Dear Daniel E. Yonan:
`
`This letter is to advise you that the US. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission‘s notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`1. Notice of Investigation
`2. Publication Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 11 of 21 PageID #: 2258
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 11 of 21 PageID #: 2258
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMI\/IISSION
`
`WASHINGTON, DC 20436
`
`Embassy of Italy
`3000 Whitehaven Street, NW .
`Washington, DC 20008
`
`August 22, 2017
`
`‘
`
`Re; Certain Road Milling Machines and Components Thereof
`Inv. No‘. 337-TA-1067
`
`Dear Sir/Madam: I
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). One or more of the parties named in the investigation is located in Italy.
`
`Pursuant to Commission Rule 210.11(a) (3), we are hereby serving you with a copy of
`the Complaint filed in this investigation together with a copy of the Commission’s Notice
`of Investigation.
`
`Sincerely,
`
`Lisa R. Barton
`
`Secretary
`
`
`
`Enclosures:
`
`1. Complaint
`2. Notice of Investigation
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 12 of 21 PageID #: 2259
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 12 of 21 PageID #: 2259
`
`
`
`
`
`UNITED; STATES INTERNATIONAL TRADE COIVIMISSION
`
`WASHINGTON, DC 20436
`
`August 22, 2017
`
`-
`Embassy of Switzerland
`2900 Cathedral Avenue, NW
`Washington, DC 20008
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. N0. 337-TA-1067
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). One or more of the parties named in the investigation is located in Switzerland.
`
`Pursuant to Commission Rule 210.11(a) (3), we are hereby serving you with a copy of
`the Complaint filed in this investigation together with a copy of the Commission’s Notice
`of Investigation.
`
`Sincerely,
`
`
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`,
`
`1. Complaint
`2. Notice of Investigation
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 13 of 21 PageID #: 2260
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 13 of 21 PageID #: 2260
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`
`August 22, 2017
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`
`US. Dept of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`
`Dear Mr. Hand:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`
`
`
`Lisa R. Barton
`
`Secretary
`
`Enclosure:
`
`1. Notice of Investigation
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 14 of 21 PageID #: 2261
`Case 1:17-cv-OO770-RGA- Document 8—3 Filed 08/28/17 Page 14 of 21 PageID #: 2261
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMJVIISSION
`
`WASHINGTON, DC 20436
`
`August 22, 2017
`
`Intellectual Property Rights Branch
`Regulations and Rulings
`Office of International Trade
`
`US. Customs and Border Protection
`
`90 K Street, NE, 10th floor
`
`Washington, DC 20229-1 177
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`'
`~
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`
`
`Lisa R. Barton
`
`Secretary
`
`Enclosure:
`
`1. NotiCe of Investigation
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 15 of 21 PageID #: 2262
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 15 of 21 PageID #: 2262
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`August 22, 2017
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of
`International Affairs
`
`Federal Trade Commission
`
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`'
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`
`Dear Ms. Kraus:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930(19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non—confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`‘
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney Whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`
`
`
`Lisa R. Barton
`
`Secretary
`
`Enclosure:
`
`.
`
`1. Notice of Investigation
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 16 of 21 PageID #: 2263
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 16 of 21 PageID #: 2263
`
`
`
`UNITED STATES INTERNATIONAL TRADE COIVIMISSION
`
`WASHINGTON, DC 20436
`
`August 22, 2017
`
`Dale D. Berkley, Ph. D., J. D.
`Office of the General Counsel, PHD, NIH Branch
`National Institutes of Health
`
`31 Center Drive
`
`.
`Bldg. 31, Rm. 47
`Bethesda, MD 20892
`
`'Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`
`Dear Mr. Berkley:
`
`This. letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Docket Services at (202) 205-1802.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`, L
`
`isa R. Barton
`
`Enclosure:
`
`1. Notice of Investigation
`
`Secretary
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 17 of 21 PageID #: 2264
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 17 of 21 PageID #: 2264
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`August 22, 2017
`
`Caterpillar Bitelli SpA
`Via IV Novembre, 2 40061 Minerbio BO
`
`Italy
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`
`,
`
`.
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Caterpillar
`Bitelli SpA is a named respondent in this investigation.
`
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy ofthe Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`Sincerely,
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 18 of 21 PageID #: 2265
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 18 of 21 PageID #: 2265
`
`
`
`UNITED. STATES INTERNATIONAL TRADE COMlVIISSION
`
`WASHINGTON, DC 20436
`. August 22, 2017
`
`Caterpillar Prodotti Stradali S.r.L.
`Via IV Novembre, 2 40061 Minerbio BO,
`
`Italy
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. N0. 337-TA-1067
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Caterpillar
`Prodotti Stradali S.r.L. is a named respondent in this investigation.
`
`We are hereby serving ydu with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`
`.
`
`Please note that ”the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`Sincerely,
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`wewwr
`
`Complaint
`. Notice of Investigation
`Code of Federal Regulation
`Publication Regarding the Section 337 Mediation Program
`Certification of Receipt of Mediation Materials
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 19 of 21 PageID #: 2266
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 19 of 21 PageID #: 2266
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`August 22, 2017
`
`Caterpillar Americas CV
`76 Route de Frontenex Boite Postale 6000 1211 Geneva
`
`Switzerland
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`
`Dear Sir/Madam;
`
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Caterpillar
`Americas CV is a named respondent in this investigation.
`
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation-issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`
`Please note that the NotiCe requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`Sincerely,
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`1. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 20 of 21 PageID #: 2267
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 20 of 21 PageID #: 2267
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMIVIISSION
`
`WASHINGTON, DC 20436
`
`August 22, 2017
`
`Caterpillar Paving Products Inc.
`9401 85th Ave, North
`Minneapolis, MN 55445
`
`Re:
`
`Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 ofthe Tariff Act of 1930 (19 U.S.C. 1337). Caterpillar
`Paving Products Inc. is a named respondent in this investigation.
`
`-
`
`‘
`
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this brochure, please sign and return
`the enclosed certification of receipt.
`
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`Sincerely,
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`1. Complaint
`2. Notice of Investigation
`,
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`

`

`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 21 of 21 PageID #: 2268
`Case 1:17-cv-00770-RGA Document 8-3 Filed 08/28/17 Page 21 of 21 PageID #: 2268
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMJVIISSION
`
`WASHINGTON, DC 20436
`
`August 22, 2017 -
`
`Caterpillar Inc.
`100 NE Adams Street
`
`Peoria, IL 61629
`
`Rezl Certain Road Milling Machines and Components Thereof
`Inv. No. 337-TA-1067
`‘
`
`Dear Sir/Madam:-
`
`This letter is to advise you that the United States International Trade Commission has instituted
`an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). Caterpillar
`Inc. is a named respondent in this investigation.
`
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation issued
`in this matter. Enclosed is a copy of the Code of Federal Regulations. Also enclosed is a the
`Section 337 Mediation Program brochure. After reviewing this br0chure, please sign and return
`the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`.
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your interests.
`
`Sincerely,
`
`
`
`Lisa R. Barton
`
`Secretary
`
`Enclosures:
`
`1. Complaint
`2. Notice of Investigatibn
`3. Code of Federal Regulation
`4. Publication Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`

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