In the Matter of Certain Personal Computers, Monitors, and Components Thereof; Notice of Commission Decision to Review-In-Part an Initial Determination Finding No Violation of Section 337 of the Tariff Act of 1930 and to Remand Portions of the Investigation to the Administrative Law Judge, 73027 [E5-7026]

Download as PDF Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices (3) For the investigation so instituted, the Honorable Sidney Harris is designated as the presiding administrative law judge. Responses to the 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 CFR 210.13. Pursuant to 19 CFR 201.16(d) 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 complaint and the notice of investigation. Extensions of time for submitting responses to the 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 complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondents, to find the facts to be as alleged in the complaint and this notice and to enter a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. By order of the Commission. Issued: December 2, 2005. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E5–7076 Filed 12–7–05; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [ Inv. No. 337–TA–519] In the Matter of Certain Personal Computers, Monitors, and Components Thereof; Notice of Commission Decision to Review-InPart an Initial Determination Finding No Violation of Section 337 of the Tariff Act of 1930 and to Remand Portions of the Investigation to the Administrative Law Judge U.S. International Trade Commission. ACTION: Notice. AGENCY: 1. The parties all filed timely responses to all the petitions Notice is hereby given that the U.S. International Trade Commission has determined to reviewin-part the presiding administrative law judge’s (‘‘ALJ’s’’) initial determination SUMMARY: VerDate Aug<31>2005 16:29 Dec 07, 2005 Jkt 208001 (‘‘ID’’) issued on October 6, 2005, in the above-captioned investigation and to remand portions of the investigation to the ALJ to make additional factual findings and determinations. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3065. 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 (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: This patent-based section 337 investigation was instituted by the Commission on August 6, 2004, based on a complaint filed by Gateway, Inc. of Poway, California (‘‘Gateway’’). 69 FR 47956 (August 6, 2004). The complainant alleged violations of section 337 in the importation and sale of certain personal computers, monitors, and components thereof, by reason of infringement of three U.S. patents. The complainant named Hewlett-Packard Company of Palo Alto, California as a respondent. Claims 9–11 and 15–19 of U.S. Patent No. 5,192,999 (‘‘the ‘999 patent’’) remain at issue in this investigation. The evidentiary hearing was held from May 23 through May 26, 2005. On October 6, 2005, the ALJ issued a final ID finding no violation of section 337. All the parties to the investigation, including the Commission investigative attorney, filed timely petitions for review of various portions of the final ID. Respondent’s petition is contingent upon a Commission determination to review the ALJ’s findings on the issue of inequitable conduct. HP’s Petition at Having reviewed the record in this investigation, including the parties’ written submissions, the Commission has determined to: (1) Review the ALJ’s determination on induced infringement of Claim 19 and remand for further PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 73027 factual findings and analysis; (2) review the ALJ’s determination on obviousness solely for the purpose of clarifying the ID’s discussion of Sakraida v. AG Pro, Inc., 425 U.S. 273 (1976); (3) review the ALJ’s determination on enablement; and (4) review the issue of inequitable conduct and remand for further factual findings and analysis. The Commission has further determined not to review the remainder of the ID. Written Submissions: The Commission does not request any written submissions at this time. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.42–.45 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–.45). Issued: December 1, 2005. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E5–7026 Filed 12–7–05; 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: Scheduling of a full five-year review concerning the antidumping duty order on tin- and chromium-coated steel sheet from Japan. AGENCY: SUMMARY: The Commission hereby gives notice of the scheduling of a full review pursuant to section 751(c)(5) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(5)) (the Act) 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. 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: December 2, 2005. FOR FURTHER INFORMATION CONTACT: Olympia DeRosa Hand (202–205–3182) or Douglas Corkran (202–205–3057), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Page 73027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7026]


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INTERNATIONAL TRADE COMMISSION

[ Inv. No. 337-TA-519]


In the Matter of Certain Personal Computers, Monitors, and 
Components Thereof; Notice of Commission Decision to Review-In-Part an 
Initial Determination Finding No Violation of Section 337 of the Tariff 
Act of 1930 and to Remand Portions of the Investigation to the 
Administrative Law Judge

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review-in-part the presiding 
administrative law judge's (``ALJ's'') initial determination (``ID'') 
issued on October 6, 2005, in the above-captioned investigation and to 
remand portions of the investigation to the ALJ to make additional 
factual findings and determinations.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3065. 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 
(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: This patent-based section 337 investigation 
was instituted by the Commission on August 6, 2004, based on a 
complaint filed by Gateway, Inc. of Poway, California (``Gateway''). 69 
FR 47956 (August 6, 2004). The complainant alleged violations of 
section 337 in the importation and sale of certain personal computers, 
monitors, and components thereof, by reason of infringement of three 
U.S. patents. The complainant named Hewlett-Packard Company of Palo 
Alto, California as a respondent. Claims 9-11 and 15-19 of U.S. Patent 
No. 5,192,999 (``the `999 patent'') remain at issue in this 
investigation.
    The evidentiary hearing was held from May 23 through May 26, 2005. 
On October 6, 2005, the ALJ issued a final ID finding no violation of 
section 337. All the parties to the investigation, including the 
Commission investigative attorney, filed timely petitions for review of 
various portions of the final ID. Respondent's petition is contingent 
upon a Commission determination to review the ALJ's findings on the 
issue of inequitable conduct. HP's Petition at

1. The parties all filed timely responses to all the petitions

    Having reviewed the record in this investigation, including the 
parties' written submissions, the Commission has determined to: (1) 
Review the ALJ's determination on induced infringement of Claim 19 and 
remand for further factual findings and analysis; (2) review the ALJ's 
determination on obviousness solely for the purpose of clarifying the 
ID's discussion of Sakraida v. AG Pro, Inc., 425 U.S. 273 (1976); (3) 
review the ALJ's determination on enablement; and (4) review the issue 
of inequitable conduct and remand for further factual findings and 
analysis. The Commission has further determined not to review the 
remainder of the ID.
    Written Submissions: The Commission does not request any written 
submissions at this time.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 
210.42-.45 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.45).

    Issued: December 1, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E5-7026 Filed 12-7-05; 8:45 am]
BILLING CODE 7020-02-P
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