In the Matter of Certain Agricultural Vehicles and Components Thereof; Remand of Investigation to Presiding Administrative Law Judge; Rescission of General Exclusion Order and Certain Cease and Desist Orders, 36357-36358 [E6-9973]
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Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Notices
(1) Opening of Meeting and Pledge of
Allegiance.
(2) Review and Approval of Minutes
from April 29, 2006.
(3) Reports from the Flight 93
Memorial Task Force and National Park
Service. Comments from the public will
be received after each report and/or at
the end of the meeting.
(4) Old Business.
(5) New Business.
(6) Public Comments.
(7) Closing Remarks.
FOR FURTHER INFORMATION CONTACT:
Joanne M. Hanley, Superintendent,
Flight 93 National Memorial, 109 West
Main Street, Somerset, PA 15501.
814.443.4557.
The
meeting will be open to the public. Any
member of the public may file with the
Commission a written statement
concerning agenda items. The statement
should be addressed to the Flight 93
Advisory Commission, 109 West Main
Street, Somerset, PA 15501.
SUPPLEMENTARY INFORMATION:
Dated: June 8, 2006.
Joanne M. Hanley,
Superintendent, Flight 93 National Memorial.
[FR Doc. 06–5660 Filed 6–23–06; 8:45 am]
BILLING CODE 4312–25–M
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–487]
In the Matter of Certain Agricultural
Vehicles and Components Thereof;
Remand of Investigation to Presiding
Administrative Law Judge; Rescission
of General Exclusion Order and
Certain Cease and Desist Orders
U.S. International Trade
Commission.
ACTION: Notice.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to remand
the above-captioned investigation to the
presiding administrative law judge
(‘‘ALJ’’) for proceedings consistent with
the March 30, 2006, judgment of the
U.S. Court of Appeals for the Federal
Circuit in Bourdeau Bros., Inc. v.
International Trade Commission, 444
F.3d 1317 (Fed. Cir. 2006). The
Commission has also determined to
rescind the general exclusion order and
certain cease and desist orders issued in
the investigation.
FOR FURTHER INFORMATION CONTACT:
Wayne Herrington, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
VerDate Aug<31>2005
17:00 Jun 23, 2006
Jkt 208001
Washington, DC 20436, telephone (202)
205–3090. Copies of 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. 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–ON–LINE) 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: The
Commission instituted this investigation
on February 13, 2003, based on a
complaint filed by Deere & Company
(‘‘Deere’’) of Moline, Illinois. 68 FR 7388
(February 13, 2003). The complaint, as
supplemented, alleged violations of
section 337 of the Tariff Act of 1930 in
the importation into the United States,
sale for importation, and sale within the
United States after importation of
certain agricultural vehicles and
components thereof by reason of
infringement and dilution of U.S.
Registered Trademarks Nos. 1,254,339;
1,502,103; 1,503,576; and 91,860.
On August 27, 2003, the Commission
issued notice that it had determined not
to review Order No. 14, granting
complainant’s motion to amend the
complaint and notice of investigation to
add U.S. Trademark Registration No.
2,729,766.
On November 14, 2003, the
Commission issued notice that it had
determined not to review Order No. 29,
granting complainant’s motion for
summary determination that
complainant had met the technical
prong of the domestic industry
requirement.
Twenty-four respondents were named
in the Commission’s notice of
investigation. Several of these were
terminated from the investigation on the
basis of consent orders. Several other
respondents were found to be in default.
On January 13, 2004, ALJ issued his
final initial determination (‘‘ID’’) finding
a violation of section 337. He also
recommended the issuance of remedial
orders. Two groups of respondents
petitioned for review of the ID.
Complainant and the Commission
investigative attorney (‘‘IA’’) filed
oppositions to those petitions.
On March 30, 2004, the Commission
issued notice that it had decided not to
PO 00000
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Fmt 4703
Sfmt 4703
36357
review the ID and set a schedule for
written submissions on remedy, the
public interest, and bonding.
Complainant, respondents, and the IA
timely filed such submissions.
After consideration of the relevant
portions of the record in this
investigation, including the ALJ’s
recommended determination, the
written submissions on remedy, public
interest, and bonding, and the replies
thereto, the Commission determined to
issue (1) a general exclusion order
prohibiting the unlicensed entry for
consumption of European version selfpropelled forage harvesters
manufactured by or under the authority
of Deere & Co. which infringe any of the
asserted trademarks, (2) a limited
exclusion order prohibiting the
unlicensed entry for consumption of
European version telehandlers
manufactured by or under the authority
of Deere & Co. which infringe any of the
asserted trademarks, (3) a limited
exclusion order prohibiting the
unlicensed entry for consumption of
agricultural tractors which infringe one
or more of U.S. Registered Trademarks
Nos. 1,254,339; 1,502,103; and
1,503,576, (4) cease and desist orders to
respondents Davey-Joans Tractor &
Chopper Supermarket, Bourdeau Bros.,
Co-Ag LLC, J & T Farms, OK Enterprises,
and Stanley Farms, prohibiting
activities concerning the importation
and sale of European version selfpropelled forage harvesters
manufactured by or under the authority
of Deere & Co. which would constitute
infringement of any of the asserted
trademarks, and (5) cease and desist
orders to respondents SamTrac Tractor
& Equipment, Pacific Avenue
Equipment, Task Master Equipment
LLC/Tractors Etc., China America
Imports, and Lenar Equipment, LLC
prohibiting activities concerning the
importation and sale of agricultural
tractors which would constitute
infringement of one or more of U.S.
Registered Trademarks Nos. 1,254,339;
1,502,103; and 1,503,576.
The Commission also determined that
the public interest factors enumerated in
section 337(d) did not preclude the
issuance of the aforementioned remedial
orders and that the bond during the
Presidential review period should be 90
percent of the entered value of the
articles in question.
On September 14, 2004, certain
respondents, including Bourdeau Bros.,
Sunova Implement Co., and OK
Enterprises appealed the Commission’s
final determination to the U.S. Court of
Appeals for the Federal Circuit
(‘‘Federal Circuit’’). On March 30, 2006,
the Federal Circuit issued its decision in
E:\FR\FM\26JNN1.SGM
26JNN1
36358
Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Notices
the appeal, vacating and remanding the
Commission’s final determination as it
related to Deere European version selfpropelled forage harvesters. Bourdeau
Bros. Inc. v. International Trade
Commission, 444 F.3d 1317 (Fed. Cir.
2006). The Court issued its mandate on
May 22, 2006.
Upon consideration of this matter, the
Commission has determined to (1)
rescind the general exclusion order
relating to Deere European version selfpropelled forage harvesters issued in
this investigation on May 14, 2004, and
(2) rescind the cease and desist orders
relating to Deere European version selfpropelled forage harvesters issued in
this investigation on May 14, 2004, and
directed to Davey-Joans Tractor &
Chopper Supermarket, Bourdeau Bros.,
Co-Ag LLC, J & T Farms, OK Enterprises,
and Stanley Farms. The remaining
remedial orders issued in this
investigation remain in force. The
Commission has also determined to
remand the investigation to the
presiding administrative law judge for
proceedings consistent with the March
30, 2006, judgment of the Federal
Circuit in Bourdeau Bros., Inc. v.
International Trade Commission, 444
F.3d 1317 (Fed. Cir. 2006), including the
issuance of a final initial determination
on violation with respect to the subject
gray market imports of Deere European
version self-propelled forage harvesters.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, 19 U.S.C. 1337, the
Administrative Procedure Act, and part
210 of the Commission’s Rules of
Practice and Procedure, 19 CFR part
210.
Issued: June 20, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–9973 Filed 6–23–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
rwilkins on PROD1PC63 with NOTICES
[Inv. No. 337–TA–538]
In the Matter of Certain Audio
Processing Integrated Circuits and
Products Containing Same; Notice of
Commission Decision To Remand a
Portion of an Initial Determination
Finding a Violation of Section 337, and
To Extend the Target Date for
Completion of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
VerDate Aug<31>2005
17:00 Jun 23, 2006
Jkt 208001
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to remand
a portion of the investigation to the
presiding administrative law judge
(‘‘ALJ’’). The Commission has also
determined to extend the target date for
completion of the investigation until
September 15, 2006.
FOR FURTHER INFORMATION CONTACT:
Steven W. Crabb, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–5432. Copies of the public version
of the ALJ’s initial determination (‘‘ID’’)
and all other nonproprietary 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–
ON–LINE) 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.
The
Commission instituted this investigation
on April 18, 2005, based on a complaint
filed on behalf of SigmaTel, Inc.
(‘‘complainant’’) of Austin, Texas. 70 FR
20172. The complaint 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 processing
integrated circuits and products
containing same by reason of
infringement of claim 10 of U.S. Patent
No. 6,137,279 (‘‘the ’279 patent’’), which
was subsequently terminated pursuant
to complainant’s motion, and claim 13
of U.S. Patent No. 6,633,187 (‘‘the ’187
patent’’). Id. The notice of investigation
named Actions Semiconductor Co. of
Guangdong, China (‘‘Actions’’) as the
only respondent.
On June 9, 2005, 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 the previously
asserted patents and to add an allegation
of a violation of section 337 by reason
of infringement of claims 1, 6, 9, and 13
of U.S. Patent No. 6,366,522 (‘‘the ’522
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
patent’’). That ID was not reviewed by
the Commission.
On October 13, 2005, the ALJ issued
an ID (Order No. 9) granting
complainant’s motion to terminate the
investigation as to the ’279 patent. On
October 31, 2005, the Commission
determined not to review the ID.
On October 31, 2005, the ALJ issued
an ID (Order No. 14) granting
complainant’s motion for summary
determination that the importation
requirement of section 337 has been
satisfied. On November 1, 2005, the ALJ
issued an ID (Order No. 15) granting
complainant’s motion for summary
determination that complainant has
satisfied the economic prong of the
domestic industry requirement of
section 337 for the patents in issue.
Those IDs were not reviewed by the
Commission.
On March 20, 2006, the ALJ issued his
final ID and recommended
determination on remedy and bonding.
The ALJ concluded that there was a
violation of section 337. Specifically, he
found that claim 13 of the ’187 patent
was valid and infringed by Actions’
accused product families 207X, 208X,
and 209X. The ALJ also determined that
claims 1, 6, 9, and 13 of the ’522 patent
were valid and infringed by Actions’
accused product families 208X and
209X.
On April 3, 2006, respondent Actions
petitioned for review of portions of the
final ID. On April 10, 2006, complainant
SigmaTel and the Commission
investigative attorney (‘‘IA’’) filed
responses in opposition to the petition
for review.
On April 17, 2006, respondent
Actions filed a motion for leave to file
a reply to complainant SigmaTel’s
response to Actions’ petition for review.
On April 19, 2006, complainant
SigmaTel filed a motion in opposition to
Actions’ motion. The Commission
determined to deny Actions’ motion for
leave to file a reply.
On May 5, 2006, the Commission
determined to review the ALJ’s
construction of a claim limitation of the
’522 patent, infringement of the ’522
patent, and whether SigmaTel met the
technical prong of the domestic industry
requirement in regard to the ’522 patent.
71 FR 27512 (May 11, 2006). The
Commission also determined to review
the ALJ’s claim construction of the term
‘‘memory’’ in claim 13 of the ’187
patent. Id. The Commission declined to
review the remainder of the ID. Id.
On May 15, 2006, the IA filed its brief
on the issues under review and on
remedy, the public interest, and
bonding. On May 16, 2006, both
SigmaTel and Actions filed briefs on the
E:\FR\FM\26JNN1.SGM
26JNN1
]]>Agencies
[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Notices]
[Pages 36357-36358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9973]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-487]
In the Matter of Certain Agricultural Vehicles and Components
Thereof; Remand of Investigation to Presiding Administrative Law Judge;
Rescission of General Exclusion Order and Certain Cease and Desist
Orders
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to remand the above-captioned investigation
to the presiding administrative law judge (``ALJ'') for proceedings
consistent with the March 30, 2006, judgment of the U.S. Court of
Appeals for the Federal Circuit in Bourdeau Bros., Inc. v.
International Trade Commission, 444 F.3d 1317 (Fed. Cir. 2006). The
Commission has also determined to rescind the general exclusion order
and certain cease and desist orders issued in the investigation.
FOR FURTHER INFORMATION CONTACT: Wayne Herrington, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3090. Copies of
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. 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-ON-LINE) 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: The Commission instituted this investigation
on February 13, 2003, based on a complaint filed by Deere & Company
(``Deere'') of Moline, Illinois. 68 FR 7388 (February 13, 2003). The
complaint, as supplemented, alleged violations of section 337 of the
Tariff Act of 1930 in the importation into the United States, sale for
importation, and sale within the United States after importation of
certain agricultural vehicles and components thereof by reason of
infringement and dilution of U.S. Registered Trademarks Nos. 1,254,339;
1,502,103; 1,503,576; and 91,860.
On August 27, 2003, the Commission issued notice that it had
determined not to review Order No. 14, granting complainant's motion to
amend the complaint and notice of investigation to add U.S. Trademark
Registration No. 2,729,766.
On November 14, 2003, the Commission issued notice that it had
determined not to review Order No. 29, granting complainant's motion
for summary determination that complainant had met the technical prong
of the domestic industry requirement.
Twenty-four respondents were named in the Commission's notice of
investigation. Several of these were terminated from the investigation
on the basis of consent orders. Several other respondents were found to
be in default.
On January 13, 2004, ALJ issued his final initial determination
(``ID'') finding a violation of section 337. He also recommended the
issuance of remedial orders. Two groups of respondents petitioned for
review of the ID. Complainant and the Commission investigative attorney
(``IA'') filed oppositions to those petitions.
On March 30, 2004, the Commission issued notice that it had decided
not to review the ID and set a schedule for written submissions on
remedy, the public interest, and bonding. Complainant, respondents, and
the IA timely filed such submissions.
After consideration of the relevant portions of the record in this
investigation, including the ALJ's recommended determination, the
written submissions on remedy, public interest, and bonding, and the
replies thereto, the Commission determined to issue (1) a general
exclusion order prohibiting the unlicensed entry for consumption of
European version self-propelled forage harvesters manufactured by or
under the authority of Deere & Co. which infringe any of the asserted
trademarks, (2) a limited exclusion order prohibiting the unlicensed
entry for consumption of European version telehandlers manufactured by
or under the authority of Deere & Co. which infringe any of the
asserted trademarks, (3) a limited exclusion order prohibiting the
unlicensed entry for consumption of agricultural tractors which
infringe one or more of U.S. Registered Trademarks Nos. 1,254,339;
1,502,103; and 1,503,576, (4) cease and desist orders to respondents
Davey-Joans Tractor & Chopper Supermarket, Bourdeau Bros., Co-Ag LLC, J
& T Farms, OK Enterprises, and Stanley Farms, prohibiting activities
concerning the importation and sale of European version self-propelled
forage harvesters manufactured by or under the authority of Deere & Co.
which would constitute infringement of any of the asserted trademarks,
and (5) cease and desist orders to respondents SamTrac Tractor &
Equipment, Pacific Avenue Equipment, Task Master Equipment LLC/Tractors
Etc., China America Imports, and Lenar Equipment, LLC prohibiting
activities concerning the importation and sale of agricultural tractors
which would constitute infringement of one or more of U.S. Registered
Trademarks Nos. 1,254,339; 1,502,103; and 1,503,576.
The Commission also determined that the public interest factors
enumerated in section 337(d) did not preclude the issuance of the
aforementioned remedial orders and that the bond during the
Presidential review period should be 90 percent of the entered value of
the articles in question.
On September 14, 2004, certain respondents, including Bourdeau
Bros., Sunova Implement Co., and OK Enterprises appealed the
Commission's final determination to the U.S. Court of Appeals for the
Federal Circuit (``Federal Circuit''). On March 30, 2006, the Federal
Circuit issued its decision in
[[Page 36358]]
the appeal, vacating and remanding the Commission's final determination
as it related to Deere European version self-propelled forage
harvesters. Bourdeau Bros. Inc. v. International Trade Commission, 444
F.3d 1317 (Fed. Cir. 2006). The Court issued its mandate on May 22,
2006.
Upon consideration of this matter, the Commission has determined to
(1) rescind the general exclusion order relating to Deere European
version self-propelled forage harvesters issued in this investigation
on May 14, 2004, and (2) rescind the cease and desist orders relating
to Deere European version self-propelled forage harvesters issued in
this investigation on May 14, 2004, and directed to Davey-Joans Tractor
& Chopper Supermarket, Bourdeau Bros., Co-Ag LLC, J & T Farms, OK
Enterprises, and Stanley Farms. The remaining remedial orders issued in
this investigation remain in force. The Commission has also determined
to remand the investigation to the presiding administrative law judge
for proceedings consistent with the March 30, 2006, judgment of the
Federal Circuit in Bourdeau Bros., Inc. v. International Trade
Commission, 444 F.3d 1317 (Fed. Cir. 2006), including the issuance of a
final initial determination on violation with respect to the subject
gray market imports of Deere European version self-propelled forage
harvesters.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, the Administrative Procedure Act,
and part 210 of the Commission's Rules of Practice and Procedure, 19
CFR part 210.
Issued: June 20, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-9973 Filed 6-23-06; 8:45 am]
BILLING CODE 7020-02-P
