In the Matter of Certain Audio Digital-to-Analog Converters and Products Containing Same; Termination of the Investigation; Issuance of Limited Exclusion Order, 7966-7967 [05-2972]
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7966
Federal Register / Vol. 70, No. 31 / Wednesday, February 16, 2005 / Notices
DEPARTMENT OF THE INTERIOR
Minerals Management Service
Outer Continental Shelf (OCS), Pacific
Region, Environmental Documents
Prepared for Granting Suspensions of
Production or Operations for Nine
Units and One Non-Unitized Lease
Located on the Federal OCS Offshore
California
Minerals Management Service
(MMS), Interior.
ACTIONS: Notice of Availability of
Environmental Assessments (EAs) and
Findings of No Significant Impact
(FONSI).
AGENCY:
The MMS prepared six EAs
for processing applications for
Suspensions of Production or
Operations for nine units and one nonunitized lease located on the Pacific
OCS and issued a FONSI for each EA
pursuant to the requirements of the
National Environmental Policy Act
(NEPA). These environmental
documents are available on MMS’s Web
site at https://www.mms.gov/omm/
pacific.
FOR FURTHER INFORMATION CONTACT:
Minerals Management Service, Pacific
OCS Region, 770 Paseo Camarillo,
Camarillo, California 93010, Mr.
Maurice Hill, telephone (805) 389–7815.
SUPPLEMENTARY INFORMATION: A
suspension is defined as a deferral of
the requirement to produce or to
conduct leaseholding operations. The
length of the suspensions analyzed in
the EAs varies by application to allow
unit/lease operators time to conduct the
activities described in their suspension
applications. Each EA provides an
analysis of activities that would occur
during the suspensions and includes
three alternatives: (1) Grant
Suspension(s) (Proposed Action), (2)
Deny Suspension(s), and (3) No Action.
A decision by MMS on the suspensions
will not take place until after they have
been subject to the consistency review
process set forth in the Coastal Zone
Management Act.
The MMS prepares NEPA documents
for Federal OCS oil and gas exploration
and development activities and other
operations. The MMS prepares EAs to
determine whether proposed projects or
operations constitute a major Federal
action that significantly affects the
quality of the human environment as
described in NEPA Section 102(2)(C). A
FONSI is prepared in those instances
where the MMS finds that approval will
not result in significant effects on the
quality of the human environment. The
FONSI briefly presents the basis for that
SUMMARY:
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12:44 Feb 15, 2005
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finding and includes a summary or copy
of the EA. MMS completed the EAs and
issued the FONSIs on February 11,
2005. This Notice constitutes the public
Notice of Availability of environmental
documents required under the NEPA
regulations.
Dated: February 4, 2005.
Thomas A. Readinger,
Associate Director for Offshore Minerals
Management.
[FR Doc. 05–3004 Filed 2–15–05; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Lake Berryessa Visitor Services Plan,
Napa County, CA
Bureau of Reclamation,
Interior.
ACTION: Reopening of comment period
for review of Draft Environmental
Impact Statement (DEIS).
AGENCY:
SUMMARY: The Bureau of Reclamation is
reopening the review period for the
DEIS to consider additional or new
information related to alternatives and
impacts from the alternatives.
Comments previously submitted need
not be resubmitted. The notice of
availability of the DEIS and notice of
public workshop and notice of public
hearings was published in the Federal
Register on October 31, 2003 (68 FR
62097). A notice for an additional open
house meeting was published in the
Federal Register on December 19, 2003
(68 FR 70835). The public review period
was originally to end on February 4,
2004, but was first extended to March
22, 2004 (69 FR 7261). The public
review period was extended a second
time to April 22, 2004 (69 FR 24668).
DATES: Submit comments on the DEIS
on or before April 4, 2005.
ADDRESSES: Send comments on the DEIS
to Ms. Janet Sierzputowski, Bureau of
Reclamation, 2800 Cottage Way (Attn:
MP–140), Sacramento, CA 95825.
Comments may also be faxed to Ms.
Sierzputowski at (916) 978–5114 or
5177.
Mr.
Pete Lucero at (707) 966–2111 x106. A
copy of the Executive Summary, DEIS,
the technical appendices, and/or a CD of
the information on the Lake Berryessa
Web site may be obtained by calling Ms.
Sierzputowski at (916) 978–5112.
SUPPLEMENTARY INFORMATION: Our
practice is to make comments, including
names and home addresses of
respondents, available for public
FOR FURTHER INFORMATION CONTACT:
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review. Individual respondents may
request that we withhold their home
address from public disclosure, which
we will honor to the extent allowable by
law. There also may be circumstances in
which we would withhold a
respondent’s identity from public
disclosure, as allowable by law. If you
wish us to withhold your name and/or
address, you must state this
prominently at the beginning of your
comment. We will make all submissions
from organizations or businesses, and
from individuals identifying themselves
as representatives or officials of
organizations or businesses, available
for public disclosure in their entirety.
Dated: February 3, 2005.
Frank Michny,
Regional Environmental Officer, Mid-Pacific
Region.
[FR Doc. 05–2974 Filed 2–15–05; 8:45 am]
BILLING CODE 4310–MN–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–499]
In the Matter of Certain Audio Digitalto-Analog Converters and Products
Containing Same; Termination of the
Investigation; Issuance of Limited
Exclusion Order
International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has terminated the abovecaptioned investigation and has issued
a limited exclusion order.
FOR FURTHER INFORMATION CONTACT:
Timothy P. Monaghan, Esq., Office of
the General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone 202–
205–3152. Copies of the public version
of the ID and all nonconfidential
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. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on 202–
205–1810. General information
concerning the Commission may also be
obtained by accessing its Internet server
(https://www.usitc.gov). The public
record for this investigation may be
E:\FR\FM\16FEN1.SGM
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Federal Register / Vol. 70, No. 31 / Wednesday, February 16, 2005 / Notices
viewed on the Commission’s electronic
docket (EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on November 14, 2003, based on a
complaint filed on behalf of Cirrus
Logic, Inc. of Austin, TX (‘‘Cirrus’’). 68
FR 64641 (Nov. 14, 2003). The
complaint, as supplemented, alleged
violations of section 337 in the
importation into the United States, sale
for importation, and sale within the
United States after importation of
certain audio digital-to-analog
converters and products containing
same by reason of infringement of
claims 1 and 11 of U.S. Patent No.
6,492,928 (‘‘the ’928 patent’’). The
notice of investigation named Wolfson
Microelectronics, PLC of Edinburgh,
United Kingdom; and Wolfson
Microelectronics, Inc. of San Diego, CA
(collectively ‘‘Wolfson’’) as respondents.
On December 29, 2003, the ALJ issued
an ID (Order No. 5) granting
complainant’s motion to amend the
complaint and notice of investigation to
add allegations of infringement of
claims 2, 3, 5, 6, and 15 of the ’928
patent, and of claims 9, 12, and 19 of
U.S. Patent No. 6,011,501 (‘‘the ’501
patent’’). 69 FR 4177 (Jan. 28, 2004). On
July 1, 2004, the ALJ issued an ID (Order
No. 16) granting complainant’s motion
to terminate the investigation as to
claims 1 and 2 of the ’928 patent. On
July 27, 2004, the ALJ issued an ID
(Order No. 24) granting complainant’s
motion to terminate the investigation in
part as to claim 11 of the ’928 patent.
Order Nos. 5, 16, and 24 were not
reviewed by the Commission.
The ALJ held an evidentiary hearing
in the investigation from August 3,
2004, to August 11, 2004, and on
November 15, 2004, he issued his final
ID finding a violation of section 337
based on his findings that the asserted
claims of the ’501 patent are infringed,
that they are not invalid in view of any
prior art, and that claims 9 and 12 of the
’501 patent are not invalid because of
failure to provide an enabling written
description of the claimed invention.
The ALJ found the ’928 patent to be
unenforceable because the inventors
intentionally withheld highly material
prior art from the examiner during the
prosecution of the ’928 patent
application at the United States Patent
and Trademark Office (‘‘USPTO’’). As
an independent ground for
unenforceability, the ALJ found that the
’928 patent is unenforceable because
one person was mistakenly listed on the
patent as an inventor. The ALJ found
that the accused devices infringe the
asserted claims of the ’928 patent, if
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enforceable, that the asserted claims of
the ’928 patent are not invalid in view
of any prior art, or because of a failure
to provide an enabling written
description of the claimed invention, or
for failure to disclose the best mode.
On November 23, 2004, the USPTO
issued a certificate correcting the
inventorship of the ’928 patent thereby
curing one ground for unenforceability
of that patent. See Viskase Corp. v.
American National Can Co., 261 F.3d
1316, 1329 (Fed. Cir. 2001) (‘‘Absent
fraud or deceptive intent, the correction
of inventorship does not affect the
validity or enforceability of the patent
for the period before the correction.’’).
On November 30, 2004, Cirrus, Wolfson
and the Commission’s investigative
attorney filed petitions for review of the
final ID, and on December 7, 2004, all
parties filed responses. On December
30, 2004, the Commission determined to
review and reverse the ID’s finding that
the ’928 patent is unenforceable due to
incorrect inventorship in view of the
recently issued certificate of correction
by the USPTO. 70 FR 1275 (Jan. 6,
2005). It further determined not to
review the remainder of the ID, thereby
finding a violation of section 337. Id.
The Commission invited the parties to
file written submissions on remedy, the
public interest and bonding, and
provided a schedule for filing such
submissions. Id.
Having reviewed the record in this
investigation, including the parties’
written submissions and responses
thereto, the Commission determined
that the appropriate form of relief is a
limited exclusion order prohibiting the
importation of Wolfson’s accused audio
digital-to-analog converters that infringe
claims 9, 12 and 19 of the ’501 patent.
The limited exclusion order applies to
any of the affiliated companies, parents,
subsidiaries, licensees, contractors, or
other related business entities, or their
successors or assigns, of Wolfson. The
Commission further determined that the
statutory public interest factors
enumerated in section 337(d)(1), 19
U.S.C. 1337(d)(1), do not preclude
issuance of the limited exclusion order.
Finally, the Commission determined
that the bond under the limited
exclusion order during the Presidential
review period shall be in the amount of
5 percent of the entered value of the
imported articles. The Commission’s
order and opinion in support thereof
were delivered to the President on the
day of their issuance.
The authority for the Commission’s
determinations is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.50 of the Commission’s
PO 00000
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Fmt 4703
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7967
Rules of Practice and Procedure (19 CFR
210.50).
Issued: February 11, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05–2972 Filed 2–15–05; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigations Nos. 701–TA–249 and 731–
TA–262, 263, and 265 (Second Review)]
Certain Iron Construction Castings
From Brazil, Canada, and China
International Trade
Commission.
ACTION: Scheduling of expedited fiveyear reviews concerning the
countervailing and antidumping duty
orders on certain iron construction
castings from Brazil, Canada, and China.
AGENCY:
SUMMARY: The Commission hereby gives
notice of the scheduling of expedited
reviews pursuant to section 751(c)(3) of
the Tariff Act of 1930 (19 U.S.C.
1675(c)(3)) (the Act) to determine
whether revocation of the
countervailing duty order on heavy iron
construction castings from Brazil, the
antidumping duty order on heavy iron
construction castings from Canada, and/
or the revocation of the antidumping
duty orders on iron construction
castings (heavy and light) from Brazil
and China would be likely to lead to
continuation or recurrence of material
injury within a reasonably foreseeable
time. For further information
concerning the conduct of these reviews
and rules of general application, consult
the Commission’s Rules of Practice and
Procedure, part 201, subparts A through
E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part
207).
EFFECTIVE DATE: January 11, 2005.
FOR FURTHER INFORMATION CONTACT:
Harry Lenchitz (202–205–2737 or
harry.lenchitz@usitc.gov), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW.,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter 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 (https://
E:\FR\FM\16FEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Notices]
[Pages 7966-7967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2972]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-499]
In the Matter of Certain Audio Digital-to-Analog Converters and
Products Containing Same; Termination of the Investigation; Issuance of
Limited Exclusion Order
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has terminated the above-captioned investigation and has
issued a limited exclusion order.
FOR FURTHER INFORMATION CONTACT: Timothy P. Monaghan, Esq., Office of
the General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3152. Copies of the public
version of the ID and all nonconfidential 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. Hearing-impaired persons
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on 202-205-1810. General
information concerning the Commission may also be obtained by accessing
its Internet server (https://www.usitc.gov). The public record for this
investigation may be
[[Page 7967]]
viewed on the Commission's electronic docket (EDIS) at https://
edis.usitc.gov.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on November 14, 2003, based on a complaint filed on behalf of Cirrus
Logic, Inc. of Austin, TX (``Cirrus''). 68 FR 64641 (Nov. 14, 2003).
The complaint, as supplemented, alleged violations of section 337 in
the importation into the United States, sale for importation, and sale
within the United States after importation of certain audio digital-to-
analog converters and products containing same by reason of
infringement of claims 1 and 11 of U.S. Patent No. 6,492,928 (``the
'928 patent''). The notice of investigation named Wolfson
Microelectronics, PLC of Edinburgh, United Kingdom; and Wolfson
Microelectronics, Inc. of San Diego, CA (collectively ``Wolfson'') as
respondents.
On December 29, 2003, the ALJ issued an ID (Order No. 5) granting
complainant's motion to amend the complaint and notice of investigation
to add allegations of infringement of claims 2, 3, 5, 6, and 15 of the
'928 patent, and of claims 9, 12, and 19 of U.S. Patent No. 6,011,501
(``the '501 patent''). 69 FR 4177 (Jan. 28, 2004). On July 1, 2004, the
ALJ issued an ID (Order No. 16) granting complainant's motion to
terminate the investigation as to claims 1 and 2 of the '928 patent. On
July 27, 2004, the ALJ issued an ID (Order No. 24) granting
complainant's motion to terminate the investigation in part as to claim
11 of the '928 patent. Order Nos. 5, 16, and 24 were not reviewed by
the Commission.
The ALJ held an evidentiary hearing in the investigation from
August 3, 2004, to August 11, 2004, and on November 15, 2004, he issued
his final ID finding a violation of section 337 based on his findings
that the asserted claims of the '501 patent are infringed, that they
are not invalid in view of any prior art, and that claims 9 and 12 of
the '501 patent are not invalid because of failure to provide an
enabling written description of the claimed invention. The ALJ found
the '928 patent to be unenforceable because the inventors intentionally
withheld highly material prior art from the examiner during the
prosecution of the '928 patent application at the United States Patent
and Trademark Office (``USPTO''). As an independent ground for
unenforceability, the ALJ found that the '928 patent is unenforceable
because one person was mistakenly listed on the patent as an inventor.
The ALJ found that the accused devices infringe the asserted claims of
the '928 patent, if enforceable, that the asserted claims of the '928
patent are not invalid in view of any prior art, or because of a
failure to provide an enabling written description of the claimed
invention, or for failure to disclose the best mode.
On November 23, 2004, the USPTO issued a certificate correcting the
inventorship of the '928 patent thereby curing one ground for
unenforceability of that patent. See Viskase Corp. v. American National
Can Co., 261 F.3d 1316, 1329 (Fed. Cir. 2001) (``Absent fraud or
deceptive intent, the correction of inventorship does not affect the
validity or enforceability of the patent for the period before the
correction.''). On November 30, 2004, Cirrus, Wolfson and the
Commission's investigative attorney filed petitions for review of the
final ID, and on December 7, 2004, all parties filed responses. On
December 30, 2004, the Commission determined to review and reverse the
ID's finding that the '928 patent is unenforceable due to incorrect
inventorship in view of the recently issued certificate of correction
by the USPTO. 70 FR 1275 (Jan. 6, 2005). It further determined not to
review the remainder of the ID, thereby finding a violation of section
337. Id. The Commission invited the parties to file written submissions
on remedy, the public interest and bonding, and provided a schedule for
filing such submissions. Id.
Having reviewed the record in this investigation, including the
parties' written submissions and responses thereto, the Commission
determined that the appropriate form of relief is a limited exclusion
order prohibiting the importation of Wolfson's accused audio digital-
to-analog converters that infringe claims 9, 12 and 19 of the '501
patent. The limited exclusion order applies to any of the affiliated
companies, parents, subsidiaries, licensees, contractors, or other
related business entities, or their successors or assigns, of Wolfson.
The Commission further determined that the statutory public interest
factors enumerated in section 337(d)(1), 19 U.S.C. 1337(d)(1), do not
preclude issuance of the limited exclusion order. Finally, the
Commission determined that the bond under the limited exclusion order
during the Presidential review period shall be in the amount of 5
percent of the entered value of the imported articles. The Commission's
order and opinion in support thereof were delivered to the President on
the day of their issuance.
The authority for the Commission's determinations is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in section 210.50 of the Commission's Rules of Practice and Procedure
(19 CFR 210.50).
Issued: February 11, 2005.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-2972 Filed 2-15-05; 8:45 am]
BILLING CODE 7020-02-P
