UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`.­
`CERTAIN TABLE SAWS
`INCORPORATING ACTIVE INJURY
`MITIGATION TECHNOLOGY AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-965
`
`NOTICE OF INSTITUTION OF INVESTIGATION
`
`Institution of investigation pursuant to 19 U.S.C. § 1337
`
`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 July 16, 2015, under section 337 of the Tariff Act of 1930, as amended,
`19 U.S.C. § 1337, on behalf of SawStop, LLC of Tualatin, Oregon and SD3, LLC of Tualatin,
`Oregon. An amended complaint was filed on July 30, 2015. The amended 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 afier importation of certain table saws
`incorporating active injury mitigation technology and components thereof by reason of
`infringement of certain claims of U.S. Patent No. 7,225,712 (“the ’712 patent”); U.S. Patent No.
`7,600,455 (“the ’455 patent”); U.S. Patent No. 7,610,836 (“the ’836 patent”); U.S. Patent No.
`7,895,927 (“the ’927 patent”); U.S. Patent No. 8,011,279 (“the ’279 patent”); and U.S. Patent
`No. 8,191,450 (“the ’450 patent”). The amended complaint further alleges that an industry in the
`United States exists as required by subsection (a)(2) of section 337.
`
`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 amended 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, S.W., Room 112,
`Washington, D.C. 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 http://vvww.usitc.gov. The public record for this investigation may be viewed on the
`Commission's electronic docket (EDIS) at http://edis.usitc.gov.
`
`SD3 Exhibit 2008 – Page 1
`
`

`
`FOR FURTHER INFORMATION CONTACT: The Office of the Secretary,Docketing
`Services Division, U.S. Intemational Trade Commission, telephone (202) 205-1802.
`
`AUTHORITY: The authority for institution of this investigation is contained in section 337 of
`the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice
`and Procedure, 19 C.F.R. § 210.10 (2015).
`'
`'
`
`SCOPE OF INVESTIGATION: Having considered the amended complaint, the U.S.
`Intemational Trade Commission, on August 26, 2015, 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)(l)(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 table saws incorporating active injury mitigation
`technology and components thereof by reason of infringement of one or more of claims 8, 9, 11,
`15, 18, and 20 ofthe ’712 patent; claims 1, 5, 7, 10, 13-16, and 18-20 ofthe ’455 patent; claims
`1, 5, and 16 ofthe ’836 patent; claims 7, 8, and 10-12 ofthe ’927 patent; claims 1, 5, 6, 10-14,
`16, and 17 of the ’279 patent; and claims 1, 2, 4, 6, 9, and 11 of the ’450 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 sewed:
`_
`
`(a) The complainants are:
`
`SawStop, LLC
`9564 S.W. Tualatin Road
`Tualatin, OR 97062
`_
`
`SD3, LLC
`9564 S.W. Tualatin Road
`\ Tualatin, OR 97062
`
`(b) The respondents are the following entities alleged to be in violation of section
`337, and are the parties ‘upon which the amended complaint. is to be served:
`
`Robert Bosch Tool Corporation
`1800 Central Road
`_
`Mount Prospect, IL 60056
`
`_
`
`Robert Bosch GmbH
`Robert-Bosch-Platz 1
`70839 Gerlingen-Schillerhohe
`Baden-Wueittemberg
`Gennany
`
`2
`
`­
`SD3 Exhibit 2008 – Page 2
`
`

`
`(3) 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 will not participate as a party in this
`_
`investigation.
`‘
`
`Responses to the amended 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 C.F.R. § 210.13. Pursuant to 19 C.F.R. §§ 201.l6(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 amended complaint and the notice of investigation.
`Extensions of time for submitting responses to the amended 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 amended
`complaint and in this notice may be deemed to constitute a Waiverof the right to appear and
`contest the allegations of the amended complaint and this notice, and to authorize the
`administrative law judge and the Commission, without further notice to the respondent,_tofind
`the facts to be as alleged in the amended 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: August 26, 2015
`
`Lisa R. Barton
`Secretary to the Commission
`
`3
`
`SD3 Exhibit 2008 – Page 3
`
`

`
`CERTAIN TABLE SAWS INCORPORATING ACTIVE
`INJURY MITIGATION TECHNOLOGY AND
`COMPONENTS THEREOF
`
`~
`
`l
`
`Inv. N0. 337-TA-965
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE OF INSTITUTION OF
`INVESTIGATION has been served upon the following parties as indicated, on 8/26/2015 "
`
`Complainants:
`SawStop LLC
`9654 S. W. Tualatin Road
`Tualatin, OR 97062
`
`SD3, LLC
`9564 S. W. Tualatin Road
`Tualatin, OR 97062
`
`Lisa R. Barton, Secretary
`U.S. Intemational Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`D Via Hand Delivery
`Via Express Delivery
`El Via First Class Mail
`CI Other:
`
`III Via Hand Delivery
`El Via Express Delivery
`U Via First Class Mail
`El Other:
`
`[OnBehalf of Complainants:
`
`,
`
`lPaul F. Brinkman
`QUINN EMMANUEL URQUHART & SULLIVAN, LLP
`815 Connecticut Avenue, N.W.
`Washington, DC 20006
`
`U Via Hand Delivery
`Via Express Delivery
`U Via First Class Mail
`U Other:
`
`lResp0ndents:
`
`lRobert Bosch Tool Coporation
`1800 Central Road
`lMount Prospect, IL 60056
`
`fiobert Bosch GMbH
`obert-Bosch-Platz 1
`70839 Gerlingen-Schillerhohe
`Baden-Wuerttemberg, Germany
`
`lEmbassv:
`
`II] Via Hand Delivery
`Via Express Delivery
`El Via First Class Mail
`[:1 Other:
`
`III Via Hand Delivery
`Via Express Delivery
`|:l Via First Class Mail
`U Other:
`
`SD3 Exhibit 2008 – Page 4
`
`

`
`CERTAIN TABLE SAWS INCORPORATING ACTIVE
`INJURY MITIGATION TECHNOLOGY AND
`COMPONENTS THEREOF
`
`Certificate of Service —Page 2
`
`mbassy of the Federal Republic of Gennany
`645 Reservoir Road, NW
`ashington, DC 20007
`
`Government Agencies:
`
`Edward T. Hand, Chief
`oreign Commerce Section
`titrust Division
`Gi-IS.Department of Justice
`450 5*“Street NW, Room 11000
`Washington, DC 20530
`
`U.S. Bureau of Customs and Border Protection
`Intellectual Property Rights Branch
`[MintAnnex Buildin
`g
`4
`799 9"‘ Street, NW, 7"‘ floor
`Washington, DC 20229-1177
`
`lizabeth Kraus, Deputy Director
`ntemational Antitrust, Office of
`ntemational Affairs
`ederal Trade Commission
`600 Pennsylvania Avenue, Room 498
`ashington, DC 20580
`
`ale D. Berkley, Ph.D., J.D.
`Office of the General Counsel, PHD, NIH Branch
`ational Institutes of Health
`1 Center Drive
`ldg. 31, Rm. 47
`ethesda, MD 20892
`
`Inv. No. 337-TA-3077
`
`El Via Hand Delivery
`Via Express Delivery
`El Via First Class Mail
`U Other:
`
`CI Via Hand Delivery
`III Via Express Delivery
`Via First Class Mail
`C] Other:
`
`Cl Via Hand Delivery
`El Via Express Delivery
`IE Via First Class Mail
`El Other:
`
`El Via Hand Delivery
`U Via Express Delivery
`Via First Class Mail
`El Other:
`
`[1 Via Hand Delivery
`Cl Via Express Delivery
`[Z Via First Class Mail
`Cl Other:
`
`SD3 Exhibit 2008 – Page 5