Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 38330-38331 [2014-15709]
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Federal Register / Vol. 79, No. 129 / Monday, July 7, 2014 / Notices
entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Michael P. Campbell,
Associate Deputy State Director for
Communications.
[FR Doc. 2014–15754 Filed 7–3–14; 8:45 am]
BILLING CODE 4310–33–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–Ta–823 (Advisory
Opinion Proceeding)]
Certain Kinesiotherapy Devices and
Components Thereof; Commission
Decision To Adopt a Report Issued by
the Office of Unfair Import
Investigations as an Advisory Opinion
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has decided to adopt the
report prepared by the Office of Unfair
Import Investigations (‘‘OUII’’) as the
Commission’s advisory opinion in the
above-captioned proceeding.
FOR FURTHER INFORMATION CONTACT:
Michael Haldenstein, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–2737. 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 at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
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 this investigation
on January 10, 2012, based on a
complaint filed by Standard Innovation
Corporation of Ottawa, ON, Canada and
Standard Innovation (US) Corp. of
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SUMMARY:
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Wilmington, Delaware (collectively,
‘‘Standard Innovation’’). 77 FR 1504–05
(Jan. 10, 2012). The complaint alleged
violations of section 337 of the Tariff
Act of 1930, as amended (19 U.S.C.
1337), by reason of infringement of
certain claims of United States Patent
Nos. 7,931,605 (‘‘the ’605 patent’’) and
D605,779 (‘‘the ’779 patent’’). The
complaint named twenty-one business
entities as respondents, including Lelo
Inc. and Leloi AB (collectively, ‘‘Lelo’’).
On July 25, 2012, the Commission
determined not to review an ID (Order
No. 25) granting complainants’ motion
to withdraw the ’779 patent from the
investigation.
On June 17, 2013, the Commission
issued its final determination finding
that Standard Innovation had proven a
violation of section 337 based on the
infringement of the asserted claims of
the ’605 patent. Based on evidence of a
pattern of violation and difficulty
ascertaining the source of the infringing
products, the Commission issued a
general exclusion order against certain
kinesiotherapy devices and components
thereof that infringe the asserted claims
of the ’605 patent. The Commission also
issued cease and desist orders against
certain respondents, including Lelo Inc.
On September 30, 2013, Lelo filed a
request with the Commission asking for
institution of an advisory opinion
proceeding to declare that its new
kinesiotherapy devices are not covered
by the general exclusion order or the
cease and desist order issued against
Lelo Inc. Standard Innovation filed a
response on November 12, 2013,
opposing Lelo’s request.
On February 7, 2014, the Commission
determined that Lelo’s request complied
with the requirements for institution of
an advisory opinion proceeding under
Commission Rule 210.79. The
Commission therefore determined to
institute an advisory opinion
proceeding and assigned the proceeding
to OUII. 79 FR 8731–32 (Feb.13, 2014).
The Commission assigned OUII the task
of investigating and preparing a report
concerning Lelo’s new kinesiotherapy
devices, and it named Standard
Innovation and Lelo as parties to the
proceeding.
On May 5, 2014, OUII issued a report
concluding that the new kinesiotherapy
devices developed by Lelo are not
covered by the general exclusion order
and cease and desist order against Lelo,
Inc. issued in the underlying
investigation. In so doing, OUII
concluded, inter alia, that (1) Lelo met
its burden of showing non-infringement
with respect to the claim term ‘‘elongate
outer arm;’’ (2) Lelo failed to meet its
burden of showing non-infringement
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Fmt 4703
Sfmt 4703
with respect to the claim element ‘‘at
least one of the inner and outer arms are
generally tear-drop shaped.’’ On May
15, 2014, Standard Innovation and Lelo
filed comments on the report prepared
by OUII. On May 22, 2014, Standard
Innovation and Lelo filed replies to the
comments.
After reviewing the report and the
submissions of Standard Innovation and
Lelo, the Commission has decided to
adopt the report issued by OUII as its
advisory opinion in this proceeding.
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: June 30, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014–15717 Filed 7–3–14; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
AGENCY:
ACTION:
Notice.
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Devices Containing
Non-Volatile Memory and Products
Containing the Same, DN 3020; the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing under
section 210.8(b) of the Commission’s
Rules of Practice and Procedure (19 CFR
210.8(b)).
SUMMARY:
Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW., Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at EDIS,1 and 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
FOR FURTHER INFORMATION CONTACT:
1 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
E:\FR\FM\07JYN1.SGM
07JYN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 129 / Monday, July 7, 2014 / Notices
Street SW., Washington, DC 20436,
telephone (202) 205–2000.
General information concerning the
Commission may also be obtained by
accessing its Internet server at United
States International Trade Commission
(USITC) at USITC.2 The public record
for this investigation may be viewed on
the Commission’s Electronic Document
Information System (EDIS) at EDIS.3
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 has received a complaint
and a submission pursuant to section
210.8(b) of the Commission’s Rules of
Practice and Procedure filed on behalf
of Macronix International Co., Ltd. and
Macronix America, Inc. on June 27,
2014. The complaint alleges violations
of section 337 of the Tariff Act of 1930
(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 devices containing non-volatile
memory and products containing the
same. The complaint names as
respondents Spansion Inc. of
Sunnyvale, CA; Spansion LLC of
Sunnyvale, CA; Spansion (Thailand)
Ltd. of Thailand; Aerohive Networks,
Inc. of Sunnvvale, CA; Allied Telesis,
Inc. of Bothell, WA; Ciena Corporation
of Hanover, MD; Delphi Automotive
PLC of United Kingdom; Delphi
Automotive Systems, LLC of Troy, MI;
Polycom, Inc. of San Jose, CA; Ruckus
Wireless, Inc. of Sunnyvale, CA;
ShoreTel Inc. of Sunnvvale, CA; Tellabs,
Inc. of Naperville, IL; Tellabs North
America, Inc. of Naperville, IL and TiVo
Inc. of San Jose, CA. The complainant
requests that the Commission issue a
general exclusion order and cease and
desist orders.
Proposed respondents, other
interested parties, and members of the
public are invited to file comments, not
to exceed five (5) pages in length,
inclusive of attachments, on any public
interest issues raised by the complaint
or section 210.8(b) filing. Comments
should address whether issuance of the
relief specifically requested by the
complainant in this investigation would
affect the public health and welfare in
the United States, competitive
conditions in the United States
economy, the production of like or
directly competitive articles in the
2 United States International Trade Commission
(USITC): https://edis.usitc.gov.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
VerDate Mar<15>2010
15:59 Jul 03, 2014
Jkt 232001
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the requested
remedial orders are used in the United
States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
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.3020’’)
in a prominent place on the cover page
and/or the first page. (See Handbook for
Electronic Filing Procedures, Electronic
Filing Procedures 4). 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
4 Handbook for Electronic Filing Procedures:
https://www.usitc.gov/secretary/fed_reg_notices/
rules/handbook_on_electronic_filing.pdf.
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38331
treated accordingly. All nonconfidential
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS 5.
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: June 30, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014–15709 Filed 7–3–14; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Rock
Burst Control Plan, (Pertains To
Underground Metal/Nonmetal Mines)
ACTION:
Notice.
The Department of Labor
(DOL) is submitting the Mine Safety and
Health Administration (MSHA)
sponsored information collection
request (ICR) titled, ‘‘Rock Burst Control
Plan, (Pertains to Underground Metal/
Nonmetal Mines),’’ to the Office of
Management and Budget (OMB) for
review and approval for continued use,
without change, in accordance with the
Paperwork Reduction Act of 1995
(PRA), 44 U.S.C. 3501 et seq. Public
comments on the ICR are invited.
DATES: The OMB will consider all
written comments that agency receives
on or before August 6, 2014.
ADDRESSES: A copy of this ICR with
applicable supporting documentation;
including a description of the likely
respondents, proposed frequency of
response, and estimated total burden
may be obtained free of charge from the
RegInfo.gov Web site at https://
www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201403-1219-005
(this link will only become active on the
day following publication of this notice)
or by contacting Michel Smyth by
telephone at 202–693–4129, TTY 202–
693–8064, (these are not toll-free
numbers) or by email at DOL_PRA_
PUBLIC@dol.gov.
Submit comments about this request
by mail or courier to the Office of
Information and Regulatory Affairs,
SUMMARY:
5 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
E:\FR\FM\07JYN1.SGM
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Agencies
[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Notices]
[Pages 38330-38331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15709]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
Notice of Receipt of Complaint; Solicitation of Comments Relating
to the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has received a complaint entitled Certain Devices Containing
Non-Volatile Memory and Products Containing the Same, DN 3020; the
Commission is soliciting comments on any public interest issues raised
by the complaint or complainant's filing under section 210.8(b) of the
Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).
FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the
Commission, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2000. The public version of
the complaint can be accessed on the Commission's Electronic Document
Information System (EDIS) at EDIS,\1\ and 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
[[Page 38331]]
Street SW., Washington, DC 20436, telephone (202) 205-2000.
---------------------------------------------------------------------------
\1\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------
General information concerning the Commission may also be obtained
by accessing its Internet server at United States International Trade
Commission (USITC) at USITC.\2\ The public record for this
investigation may be viewed on the Commission's Electronic Document
Information System (EDIS) at EDIS.\3\ Hearing-impaired persons are
advised that information on this matter can be obtained by contacting
the Commission's TDD terminal on (202) 205-1810.
---------------------------------------------------------------------------
\2\ United States International Trade Commission (USITC): https://edis.usitc.gov.
\3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: The Commission has received a complaint and
a submission pursuant to section 210.8(b) of the Commission's Rules of
Practice and Procedure filed on behalf of Macronix International Co.,
Ltd. and Macronix America, Inc. on June 27, 2014. The complaint alleges
violations of section 337 of the Tariff Act of 1930 (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 devices
containing non-volatile memory and products containing the same. The
complaint names as respondents Spansion Inc. of Sunnyvale, CA; Spansion
LLC of Sunnyvale, CA; Spansion (Thailand) Ltd. of Thailand; Aerohive
Networks, Inc. of Sunnvvale, CA; Allied Telesis, Inc. of Bothell, WA;
Ciena Corporation of Hanover, MD; Delphi Automotive PLC of United
Kingdom; Delphi Automotive Systems, LLC of Troy, MI; Polycom, Inc. of
San Jose, CA; Ruckus Wireless, Inc. of Sunnyvale, CA; ShoreTel Inc. of
Sunnvvale, CA; Tellabs, Inc. of Naperville, IL; Tellabs North America,
Inc. of Naperville, IL and TiVo Inc. of San Jose, CA. The complainant
requests that the Commission issue a general exclusion order and cease
and desist orders.
Proposed respondents, other interested parties, and members of the
public are invited to file comments, not to exceed five (5) pages in
length, inclusive of attachments, on any public interest issues raised
by the complaint or section 210.8(b) filing. Comments should address
whether issuance of the relief specifically requested by the
complainant in this investigation would affect the public health and
welfare in the United States, competitive conditions in the United
States economy, the production of like or directly competitive articles
in the United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) Explain how the articles potentially subject to the requested
remedial orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the requested remedial orders;
(iii) identify like or directly competitive articles that
complainant, its licensees, or third parties make in the 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.3020'') in a prominent place on the cover page and/
or the first page. (See Handbook for Electronic Filing Procedures,
Electronic Filing Procedures \4\). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
---------------------------------------------------------------------------
\4\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
---------------------------------------------------------------------------
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 \5\.
---------------------------------------------------------------------------
\5\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------
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: June 30, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-15709 Filed 7-3-14; 8:45 am]
BILLING CODE 7020-02-P