In the Matter of Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same; Notice of Institution of Formal Enforcement Proceeding, 60109-60110 [05-20572]

Download as PDF Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Notices 3067 (January 19, 2005). The complainant named Realtek Semiconductor Corporation of Hsinchu, Taiwan, and Real Communications, Inc., of San Jose, CA (collectively, ‘‘Realtek’’), as respondents. Subsequently, the complaint and notice of investigation were amended to add an additional respondent, BizLink Technology, Inc. (‘‘BizLink’’). On August 31, 2005, complainant Marvell moved to terminate the investigation in whole pursuant to 19 U.S.C. 1337(c) and 19 CFR 210.21 based on a settlement agreement. On September 12, 2005, respondents Realtek and BizLink filed a response to the motion. Respondents do not oppose the motion to terminate. On the same day, the Commission investigative attorney (‘‘IA’’) filed a response in support of the motion. On September 16, 2005, Marvell filed a reply to respondents’ and the IA’s responses. On September 19, 2005, the ALJ issued an ID (Order No. 21) granting complainant’s motion. No party petitioned for review of the ALJ’s ID. 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 § 210.42 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). By order of the Commission. Issued: October 7, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–20571 Filed 10–13–05; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–636–638 (Second Review)] Stainless Steel Wire Rod From Brazil, France, and India United States International Trade Commission. ACTION: Notice of Commission determination to conduct full five-year reviews concerning the antidumping duty orders on stainless steel wire rod from Brazil, France, and India. AGENCY: SUMMARY: The Commission hereby gives notice that it will proceed with full reviews pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty orders on stainless steel wire rod from Brazil, France, and India would be likely to lead to continuation or recurrence of material injury within a VerDate Aug<31>2005 13:54 Oct 13, 2005 Jkt 208001 reasonably foreseeable time. A schedule for the reviews will be established and announced at a later date. 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: October 4, 2005. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), 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:// www.usitc.gov). The public record for these reviews may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. On October 4, 2005, the Commission determined that it should proceed to full reviews in the subject five-year reviews pursuant to section 751(c)(5) of the Act. The Commission found that the domestic interested party group response to its notice of institution (70 FR 38207, July 1, 2005) was adequate, and that the respondent interested party group response with respect to France was adequate, but found that the respondent interested party group responses with respect to Brazil and India were inadequate. However, the Commission determined to conduct full reviews concerning subject imports from Brazil and India to promote administrative efficiency in light of its decision to conduct a full review with respect to subject imports from France. A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. SUPPLEMENTARY INFORMATION: Authority: These reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 60109 Issued: October 11, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–20620 Filed 10–13–05; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–510; Enforcement Proceeding] In the Matter of Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same; Notice of Institution of Formal Enforcement Proceeding International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to a cease and desist order issued at the conclusion of the above-captioned investigation. 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 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 viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation was instituted by the Commission on June 3, 2004, based on a complaint filed by Trend Micro Inc. (‘‘Trend Micro’’) of Cupertino, California. 69 FR 32044– 32045 (June 8, 2004). The complaint alleged violations of section 337 in the importation into the United States, the sale for importation into the United States, or the sale within the United States after importation of certain systems for detecting and removing viruses or worms, components thereof, E:\FR\FM\14OCN1.SGM 14OCN1 60110 Federal Register / Vol. 70, No. 198 / Friday, October 14, 2005 / Notices and products containing same by reason of infringement of claims 1–22 of the ‘600 patent. The notice of investigation named Fortinet, Inc. (‘‘Fortinet’’) of Sunnyvale, California as the sole respondent. On May 9, 2005, the ALJ issued his final ID finding a violation of section 337 based on his findings that claims 4, 7, 8, and 11–15 of the ‘600 patent are not invalid or unenforceable, and are infringed by respondent’s products. The ALJ also found that claims 1 and 3 of the ‘600 patent are invalid as anticipated by prior art and that a domestic industry exists. He also issued his recommended determination on remedy and bonding. On July 8, 2005, the Commission issued a notice that it had determined not to review the ALJ’s final ID on violation, thereby finding a violation of Section 337. 70 FR 40731 (July 14, 2005). The Commission also requested briefing on the issues of remedy, the public interest, and bonding. Id. Submissions on the issues of remedy, the public interest, and bonding were filed on July 18, 2005, by all parties. All parties filed response submissions on July 25, 2005. On August 8, 2005, the Commission terminated the investigation, and issued a limited exclusion order and a cease and desist order covering respondent’s systems for detecting and removing viruses or worms, components thereof, and products containing same covered by claims 4, 7, 8, and 11–15 of the ‘600 patent. On September 13, 2005, complainant Trend Micro Inc. filed a complaint for enforcement proceedings of the Commission’s remedial orders. Trend Micro asserts that respondent Fortinet, and its distributors, have circumvented the cease and desist order by continuing to advertise, market, sell and offer for sale in the United States the imported infringing products and antivirus features of Fortinet’s infringing software. The Commission, having examined the complaint seeking a formal enforcement proceeding, and having found that the complaint complies with the requirements for institution of a formal enforcement proceeding contained in Commission rule 210.75, has determined to institute formal enforcement proceedings to determine whether Fortinet is in violation of the Commission’s cease and desist order issued in the investigation, and what if any enforcement measures are appropriate. The following entities are named as parties to the formal enforcement proceeding: (1) Complainant Trend Micro, (2) VerDate Aug<31>2005 13:54 Oct 13, 2005 Jkt 208001 respondent Fortinet, and (3) a Commission investigative attorney to be designated by the Director, Office of Unfair Import Investigations. 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 § 210.75 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75). By order of the Commission. Issued: October 7, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–20572 Filed 10–13–05; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–860 (Review)] Tin- and Chromium-Coated Steel Sheet from Japan United States International Trade Commission. ACTION: Notice of Commission determination to conduct a full five-year review concerning the antidumping duty order on tin- and chromium-coated steel sheet from Japan. AGENCY: Commission may also be obtained by accessing its Internet server (https:// www.usitc.gov). The public record for this review may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On October 4, 2005, the Commission determined that it should proceed to a full review in the subject five-year review pursuant to section 751(c)(5) of the Act. The Commission found that both the domestic and respondent interested party group responses to its notice of institution (70 FR 38210, July 1, 2005) were adequate. A record of the Commissioners’ votes, the Commission’s statement on adequacy, and any individual Commissioner’s statements will be available from the Office of the Secretary and at the Commission’s Web site. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. By order of the Commission. Issued: October 11, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 05–20622 Filed 10–13–05; 8:45 am] BILLING CODE 7020–02–P The Commission hereby gives notice that it will proceed with a full review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) to determine whether revocation of the antidumping duty order on tin- and chromium-coated steel sheet from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. A schedule for the review will be established and announced at a later date. For further information concerning the conduct of this review 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: October 4, 2005. FOR FURTHER INFORMATION CONTACT: Mary Messer (202–205–3193), 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 SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request October 7, 2005. The Department of Labor (DOL) has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104– 13,44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by calling the Department of Labor. To obtain documentation contact Ira Mills on 202–693–4122 (this is not a toll-free number) or e-mail: Mills.Ira@dol.gov. Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for ETA, Office of Management and Budget, Room 10235, Washington, DC 20503, 202– 395–7316 (this is not a toll free number), within 30 days from the date of this publication in the Federal Register. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary E:\FR\FM\14OCN1.SGM 14OCN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 70, Number 198 (Friday, October 14, 2005)]
[Notices]
[Pages 60109-60110]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20572]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-510; Enforcement Proceeding]


In the Matter of Systems for Detecting and Removing Viruses or 
Worms, Components Thereof, and Products Containing Same; Notice of 
Institution of Formal Enforcement Proceeding

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to a 
cease and desist order issued at the conclusion of the above-captioned 
investigation.

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 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 viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: This patent-based section 337 investigation 
was instituted by the Commission on June 3, 2004, based on a complaint 
filed by Trend Micro Inc. (``Trend Micro'') of Cupertino, California. 
69 FR 32044-32045 (June 8, 2004). The complaint alleged violations of 
section 337 in the importation into the United States, the sale for 
importation into the United States, or the sale within the United 
States after importation of certain systems for detecting and removing 
viruses or worms, components thereof,

[[Page 60110]]

and products containing same by reason of infringement of claims 1-22 
of the `600 patent. The notice of investigation named Fortinet, Inc. 
(``Fortinet'') of Sunnyvale, California as the sole respondent.
    On May 9, 2005, the ALJ issued his final ID finding a violation of 
section 337 based on his findings that claims 4, 7, 8, and 11-15 of the 
`600 patent are not invalid or unenforceable, and are infringed by 
respondent's products. The ALJ also found that claims 1 and 3 of the 
`600 patent are invalid as anticipated by prior art and that a domestic 
industry exists. He also issued his recommended determination on remedy 
and bonding.
    On July 8, 2005, the Commission issued a notice that it had 
determined not to review the ALJ's final ID on violation, thereby 
finding a violation of Section 337. 70 FR 40731 (July 14, 2005). The 
Commission also requested briefing on the issues of remedy, the public 
interest, and bonding. Id. Submissions on the issues of remedy, the 
public interest, and bonding were filed on July 18, 2005, by all 
parties. All parties filed response submissions on July 25, 2005. On 
August 8, 2005, the Commission terminated the investigation, and issued 
a limited exclusion order and a cease and desist order covering 
respondent's systems for detecting and removing viruses or worms, 
components thereof, and products containing same covered by claims 4, 
7, 8, and 11-15 of the `600 patent.
    On September 13, 2005, complainant Trend Micro Inc. filed a 
complaint for enforcement proceedings of the Commission's remedial 
orders. Trend Micro asserts that respondent Fortinet, and its 
distributors, have circumvented the cease and desist order by 
continuing to advertise, market, sell and offer for sale in the United 
States the imported infringing products and antivirus features of 
Fortinet's infringing software.
    The Commission, having examined the complaint seeking a formal 
enforcement proceeding, and having found that the complaint complies 
with the requirements for institution of a formal enforcement 
proceeding contained in Commission rule 210.75, has determined to 
institute formal enforcement proceedings to determine whether Fortinet 
is in violation of the Commission's cease and desist order issued in 
the investigation, and what if any enforcement measures are 
appropriate. The following entities are named as parties to the formal 
enforcement proceeding: (1) Complainant Trend Micro, (2) respondent 
Fortinet, and (3) a Commission investigative attorney to be designated 
by the Director, Office of Unfair Import Investigations.
    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 Sec.  210.75 of the Commission's Rules of Practice and Procedure (19 
CFR 210.75).

    By order of the Commission.

    Issued: October 7, 2005.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-20572 Filed 10-13-05; 8:45 am]
BILLING CODE 7020-02-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.