Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 9076 [2017-02241]
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9076
Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices
those patents. Order No. 8 (Mar. 10,
2016), not reviewed, Notice (Apr. 4,
2016); Order No. 13 (May 3, 2016), not
reviewed, Notice (May 23, 2016).
On January 27, 2016, SawStop moved
for a summary determination that it
satisfied the economic prong of the
domestic industry requirement. On
February 8, 2016, Bosch indicated that
it did not oppose the motion. On March
22, 2016, the ALJ granted the
unopposed motion and determined that
SawStop satisfied the economic prong
of the domestic industry requirement.
Order No. 10 (Mar. 22, 2016), not
reviewed, Notice (Apr. 21, 2016).
On September 9, 2016, the ALJ issued
his final initial determination finding a
violation of section 337 with respect to
the ’927 and ’279 patents, and no
violation of section 337 with respect to
the ’712 and ’455 patents. Specifically,
he found that Bosch did not directly or
contributorily infringe the ’712 and ’455
patents, but found that Bosch’s REAXX
table saw directly infringed the ’927 and
’279 patents and that Bosch’s activation
cartridges contributorily infringed the
’927 and ’279 patents. He also found
that Bosch had failed to show that any
of the patent claims were invalid, and
that SawStop satisfied the domestic
industry requirement with respect to all
four patents. Based on these findings, on
September 20, 2016, the ALJ
recommended that a limited exclusion
order issue against Bosch’s infringing
products, that a cease and desist order
issue against Robert Bosch Tool
Corporation, and that the bond during
the period of Presidential review be set
at zero percent. He also recommended
that the scope of the exclusion order
and cease and desist order specifically
cover the contributorily infringing
activation cartridges.
On September 26, 2016, SawStop and
Bosch each petitioned for review of the
ID. On October 4, 2016, the parties
opposed each other’s petitions. On
November 10, 2016, the Commission
determined not to review the ID, and
requested briefing from the parties and
the public on the issues of remedy, the
public interest, and bonding. The
Commission received responsive
submissions from SawStop, Bosch, and
the PowerTool Institute, Inc. on
November 22, 2016, and reply
submissions from SawStop and Bosch
on December 2, 2016.
The Commission has determined that
the appropriate remedy is a limited
exclusion order prohibiting the entry of
table saws incorporating active injury
mitigation technology and components
thereof that infringe claims 8 and 12 of
the ’927 patent and claims 1, 6, 16, and
17 of the ’279 patent, and an order that
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Robert Bosch Tool Corp. cease and
desist from importing, selling,
marketing, advertising, distributing,
offering for sale, transferring (except for
exportation), or soliciting U.S. agents or
distributors of imported table saws
incorporating active injury mitigation
technology and components thereof that
infringe claims 8 and 12 of U.S. Patent
the ’927 patent and claims 1, 6, 16, and
17 of the ’279 patent. The Commission
has determined that the public interest
factors enumerated in section 337(d)
and (f), 19 U.S.C. 1337(d) and (f), do not
preclude the issuance of the limited
exclusion order or cease and desist
order. The Commission has determined
that bonding at zero percent of entered
value is required during the period of
Presidential review, 19 U.S.C. 1337(j).
Commissioner Kieff dissents as to the
bond determination, and writes
separately to explain his views both
concerning the basis for issuing the
cease and desist order and for making
the bond determination. The
investigation is terminated.
The Commission’s order and opinion
were delivered to the President and the
United States Trade Representative on
the day of their issuance.
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 27, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017–02178 Filed 2–1–17; 8:45 am]
BILLING CODE 7020–02–P
holds and to pay a $385,000 civil
penalty.
The publication of this notice opens
a period for public comment on the
proposed Consent Decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to: United States of America v.
EMD Millipore Corporation, Civil Action
No. 1:17–cv–34, D.J. Ref. 90–5–1–1–
11441. All comments must be submitted
no later than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By email .......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the proposed Consent Decree may be
examined and downloaded at this
Justice Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
proposed Consent Decree upon written
request and payment of reproduction
costs. Please mail your request and
payment to: Consent Decree Library,
U.S. DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
Please enclose a check or money order
for $11.75 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Robert E. Maher Jr.,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2017–02241 Filed 2–1–17; 8:45 am]
DEPARTMENT OF JUSTICE
BILLING CODE 4410–15–P
Notice of Lodging of Proposed
Consent Decree Under the Clean Water
Act
DEPARTMENT OF JUSTICE
On January 30, 2017, a proposed
Consent Decree in United States of
America v. EMD Millipore Corporation,
Civil Action No. 1:17–cv–34, was filed
with the United States District Court for
New Hampshire.
The proposed Consent Decree
between the parties resolves the United
States’ claims that EMD Millipore
violated the Clean Water Act and
permits it holds under the Act at EMD
Millipore’s manufacturing facility in
Jaffrey, New Hampshire. The proposed
Consent Decree requires EMD Millipore
to undertake work at its facility to
comply with the Act and the permits it
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Notice of Extension to Public
Comment Period for Consent Decree
Under the Clean Air Act
On December 20, 2016, the
Department of Justice lodged a proposed
Second Partial Consent Decree with the
United States District Court for the
Northern District of California in the
lawsuit entitled In re: Volkswagen
‘‘Clean Diesel’’ Marketing, Sales
Practices, and Products Liability
Litigation, Case No: MDL No. 2672 CRB
(JSC). This Second Partial Consent
Decree (‘‘Decree’’) is entered into
between the United States, California,
and all defendants (collectively,
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02FEN1
]]>Agencies
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Page 9076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02241]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On January 30, 2017, a proposed Consent Decree in United States of
America v. EMD Millipore Corporation, Civil Action No. 1:17-cv-34, was
filed with the United States District Court for New Hampshire.
The proposed Consent Decree between the parties resolves the United
States' claims that EMD Millipore violated the Clean Water Act and
permits it holds under the Act at EMD Millipore's manufacturing
facility in Jaffrey, New Hampshire. The proposed Consent Decree
requires EMD Millipore to undertake work at its facility to comply with
the Act and the permits it holds and to pay a $385,000 civil penalty.
The publication of this notice opens a period for public comment on
the proposed Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to: United States of America v. EMD Millipore
Corporation, Civil Action No. 1:17-cv-34, D.J. Ref. 90-5-1-1-11441. All
comments must be submitted no later than thirty (30) days after the
publication date of this notice. Comments may be submitted either by
email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By email............................ pubcomment-ees.enrd@usdoj.gov.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the proposed Consent Decree may
be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the proposed Consent Decree upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $11.75 (25 cents per page
reproduction cost) payable to the United States Treasury.
Robert E. Maher Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2017-02241 Filed 2-1-17; 8:45 am]
BILLING CODE 4410-15-P
