Certain Bearings From China, France, Germany, Italy, Japan, Singapore, and the United Kingdom, 27513-27514 [E6-7152]

Download as PDF cchase on PROD1PC60 with NOTICES Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices requirement of section 337 in regard to the ‘522 patent. The Commission has determined not to review the remainder of the ID. On review, the Commission requests briefing based on the evidentiary record on all issues under review. In particular, the Commission requests that the parties brief the following questions, with all answers supported by citations to legal authority and the evidentiary record: 1. Does Federal Circuit case law support reference to the specification of the patent to vary the plain meaning of a claim term that is a simple English word such as ‘‘and?’’ See e.g. Phillips v. AWH Corporation, 415 F.3d 1303, 1314 (Fed. Cir. 2005); Chef America, Inc. v. Lamb-Weston, Inc., 358 F.3d 1371, 1373 (Fed. Cir. 2004). 2. Please discuss the impact on the ALJ’s infringement analysis if the claim term ‘‘produce the system clock control signal and power supply control signal based on a processing transfer characteristic of the computation engine’’ in claims 1 and 9 of the ‘522 patent is interpreted to require that both the frequency and voltage must be adjusted. 3. Please discuss the impact on the ALJ’s analysis of the technical prong of the domestic industry requirement in this investigation if the claim term ‘‘produce the system clock control signal and power supply control signal based on a processing transfer characteristic of the computation engine’’ in claim 1 of the ‘522 patent is interpreted to mean that both the frequency and voltage must be adjusted. In connection with the final disposition of this investigation, the Commission may issue (1) an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) cease and desist orders that could result in respondents being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or are likely to do so. For background information, see the Commission Opinion, In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360. VerDate Aug<31>2005 16:29 May 10, 2006 Jkt 208001 If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) the public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the President has 60 days to approve or disapprove the Commission’s action. During this period, the subject articles would be entitled to enter the United States under a bond, in an amount to be determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed. Written Submissions: The parties to the investigation are requested to file written submissions on the issues under review. The submission should be concise and thoroughly referenced to the record in this investigation, including references to exhibits and testimony. Additionally, the parties to the investigation, interested government agencies, and any other interested persons are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the ALJ’s March 20, 2006, recommended determination on remedy and bonding. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is requested to supply the expiration dates of the patents at issue and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than the close of business on May 15, 2006. Reply submissions must be filed no later than the close of business on May 22, 2006. No further submissions will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file with the Office of the Secretary the original and 12 true copies thereof on or before the deadlines stated above. Any person desiring to submit a document (or portion thereof) to the Commission in confidence must request PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 27513 confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of 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 is granted by the Commission will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. 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–.46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–.46). Issued: May 5, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–7153 Filed 5–10–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 731–TA–344, 391–A, 392–A and C, 393–A, 394–A, 396, and 399– A (Second Review)] Certain Bearings From China, France, Germany, Italy, Japan, Singapore, and the United Kingdom United States International Trade Commission. ACTION: Revised schedule for the subject five-year reviews. AGENCY: DATES: Effective Date: May 4, 2006. FOR FURTHER INFORMATION CONTACT: Debra Baker (202–205–3180), 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. SUPPLEMENTARY INFORMATION: On October 12, 2005, the Commission established its schedule for the conduct of the subject five-year reviews (70 FR E:\FR\FM\11MYN1.SGM 11MYN1 27514 Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Notices 60556, October 18, 2005) and subsequently revised its schedule (70 FR 75482, December 20, 2005). The Commission hereby gives notice that it is further revising the schedule for its final determinations in the subject fiveyear reviews. The Commission’s schedule is revised as follows: The posthearing briefs are due May 15, 2006; the closing of the record and final release of information is July 24, 2006; and final comments on this information are due on or before July 27, 2006. For further information concerning these review investigations see the Commission’s notices cited above and the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Authority: These five-year reviews are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. By order of the Commission. Issued: May 5, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–7152 Filed 5–10–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION and the Crocs Trade Dress. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent general exclusion order and permanent cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone 202–205–2000. Hearing impaired individuals are advised that information on this matter can be obtained 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 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. FOR FURTHER INFORMATION CONTACT: David H. Hollander, Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2746. [Inv. No. 337–TA–567] Certain Foam Footwear; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2005). SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 31, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Crocs, Inc. of Niwot, Colorado. On April 27, 2006, the Commission granted complainant’s request for a postponement of the Commission’s determination whether to institute an investigation in order for complainant to file an amended complaint. The amended complaint was filed on April 27, 2006. The amended complaint alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain foam footwear by reason of infringement of (1) claims 1 and 2 of U.S. Patent No. 6,993,858, (2) U.S. Design Patent No. D517,789, (3) Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on May 4, 2006, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine: (a) Whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain foam footwear by reason of infringement of claims 1 or 2 of U.S. Patent No. 6,993,858, or U.S. Design Patent No. D517,789, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; or (b) Whether there is a violation of subsection (a)(1)(A) of section 337 in the cchase on PROD1PC60 with NOTICES AGENCY: VerDate Aug<31>2005 16:29 May 10, 2006 Jkt 208001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 importation into the United States, the sale for importation, or the sale within the United States after importation of certain foam footwear by reason of infringement of Crocs’ trade dress, the threat or effect of which is to destroy or substantially injure an industry in the United States. (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is— Crocs, Inc., 6273 Monarch Park Place, Niwot, Colorado 80503. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Australia Unlimited, Inc., 2638 E. Marginal Way S., Seattle, WA 98134. Cheng’s Enterprises Inc., 68 Broad Street, Carlstadt, NJ 07072. Collective Licensing International, LLC, 800 Englewood Parkway, Englewood, CO 80110. D. Myers & Sons, Inc., 2020 Sherwood Avenue, Baltimore, MD 21218. Double Diamond Distribution Ltd., 3715A Thatcher Avenue, Saskatoon, SK., Canada S7R 1B8. Effervescent Inc., 24 Scott Road, Fitchburg, MA 01420. Gen-X Sports, Inc., 18601 Wilmington Avenue, Carson, CA 90796. Holey Soles Holding Ltd., 1628 West 75th Avenue, Vancouver, Canada V6P 6G2. Inter-Pacific Trading Corp., 2257 Colby Avenue, Los Angeles, CA 90064. Pali Hawaii, 501 Sumner St., Suite 613, Honolulu, HI 96817. Shaka Shoes, 77–6360 Halawai Place, Kailua-Kona, HI 96740. (c) The Commission investigative attorney, party to this investigation, is David H. Hollander, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436. (3) For the investigation so instituted, the Honorable Charles E. Bullock 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 E:\FR\FM\11MYN1.SGM 11MYN1

Agencies

[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Notices]
[Pages 27513-27514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7152]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-344, 391-A, 392-A and C, 393-A, 394-A, 396, 
and 399-A (Second Review)]


Certain Bearings From China, France, Germany, Italy, Japan, 
Singapore, and the United Kingdom

AGENCY: United States International Trade Commission.

ACTION: Revised schedule for the subject five-year reviews.

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

DATES: Effective Date: May 4, 2006.

FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired 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.

SUPPLEMENTARY INFORMATION: On October 12, 2005, the Commission 
established its schedule for the conduct of the subject five-year 
reviews (70 FR

[[Page 27514]]

60556, October 18, 2005) and subsequently revised its schedule (70 FR 
75482, December 20, 2005). The Commission hereby gives notice that it 
is further revising the schedule for its final determinations in the 
subject five-year reviews.
    The Commission's schedule is revised as follows: The posthearing 
briefs are due May 15, 2006; the closing of the record and final 
release of information is July 24, 2006; and final comments on this 
information are due on or before July 27, 2006.
    For further information concerning these review investigations see 
the Commission's notices cited above and the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A and C (19 CFR part 207).

    Authority: These five-year reviews are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: May 5, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-7152 Filed 5-10-06; 8:45 am]
BILLING CODE 7020-02-P
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