In the Matter of Certain Wireless Communication Devices, Components Thereof, and Products Containing the Same; Notice of Investigation, 52579-52580 [E6-14742]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Notices
cease and desist order or both directed
against the respondent.
By order of the Commission.
Issued: August 30, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–14715 Filed 9–5–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–568]
In the Matter of Certain Products and
Pharmaceutical Compositions
Containing Recombinant Human
Erythropoietin; Notice of Commission
Decision Not To Review an Initial
Determination Granting Respondents’
Motion for Summary Determination
That There is No Violation of Section
337
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 not to
review the initial determination (‘‘ID’’)
issued by the presiding administrative
law judge (‘‘ALJ’’) granting
respondents’’ motion for summary
determination that there is no violation
of section 337 in the above-captioned
investigation. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Christal A. Sheppard, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–2301. 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://
www.usitc.gov/secretary/edis.htm.
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: On May
12, 2006, the Commission instituted an
investigation under section 337 of the
VerDate Aug<31>2005
18:44 Sep 05, 2006
Jkt 208001
Tariff Act of 1930, 19 U.S.C. 1337, based
on a complaint filed by Amgen, Inc.
(‘‘Amgen’’) of Thousand Oaks,
California. 71 FR 27742 (May 12, 2006).
The complaint asserted a violation of
section 337 of the Tariff Act of 1930, 19
U.S.C. 1337, in the importation into the
United States, sale for importation, or
sale within the United States after
importation of certain products and
pharmaceutical compositions
containing recombinant human
erythropoietin by reason of infringement
of claims 1 and 2 of U.S. Patent No.
5,441,868, claims 3, 4, 5, and 11 of U.S.
Patent No. 5,547,933, claims 4–9 of U.S.
Patent No. 5,618,698, claims 4 and 6 of
U.S. Patent No. 5,621,080, claim 7 of
U.S. Patent No. 5,756,349, and claim 1
of U.S. Patent No. 5,955,422. The notice
of investigation named Roche Holding
Ltd. of Basel, Switzerland, F. HoffmanLa Roche, Ltd. of Basel, Switzerland,
Roche Diagnostics GmbH of Mannheim,
Germany, and Hoffman La Roche, Inc. of
Nutley, New Jersey (collectively,
‘‘Roche’’) as respondents.
On May 19, 2006, Roche moved for
summary determination of no violation
of section 337, stating that its activities
fell within the safe harbor created by 35
U.S.C. 271(e)(1) which provides that
‘‘[i]t shall not be an act of infringement
to make, use, offer to sell, or sell within
the United States or import into the
United States a patented invention . . .
solely for uses reasonably related to the
development and submission of
information under a Federal law which
regulates the manufacture, use, or sale
of drugs or veterinary biological
products.’’ Amgen opposed the motion.
The Commission investigative attorney
(‘‘IA’’) supported the motion. On July 7,
2006, the ALJ issued an ID (Order No.
6) granting Roche’s motion. Amgen filed
a petition for review of the ID.
Respondents and the IA filed
oppositions to the petition for review.
Amgen also filed a motion for leave to
reply to the oppositions to its petition
for review.
Having considered the petition for
review, the oppositions thereto, and the
relevant portions of the record, the
Commission has determined not to
review the ID and to deny Amgen’s
motion for leave.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended, 19 U.S.C. 1337,
and section 210.42(h) of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.42(h).
By order of the Commission.
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
52579
Issued: August 31, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–14743 Filed 9–5–06; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–583]
In the Matter of Certain Wireless
Communication Devices, Components
Thereof, and Products Containing the
Same; Notice of Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on July
31, 2006, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Ericsson Inc. of
Plano, Texas and Telefonaktiebolaget
LM Ericsson of Stockholm, Sweden. The
complaint alleges violations of section
337 in the importation into the United
States and sale of certain wireless
communication devices, components
thereof, and products containing the
same by reason of infringement of U.S.
Patent No. 5,758,295, U.S. Patent No.
5,783,926, U.S. Patent No. 5,864,765,
U.S. Patent No. 6,009,319, U.S. Patent
No. 6,029,052, U.S. Patent No.
6,198,405, U.S. Patent No. 6,387,027,
U.S. Patent No. 6,839,549, and U.S.
Patent No. 6,975,686. The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainants request that the
Commission institute an investigation
and, after the investigation, issue a
permanent exclusion order and a
permanent cease and desist order.
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
E:\FR\FM\06SEN1.SGM
06SEN1
52580
Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Notices
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://www.edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Bryan F. Moore, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, telephone (202)
205–2767.
rwilkins on PROD1PC63 with NOTICES
Authority: The authority for institution of
this investigation is contained in § 337 of the
Tariff Act of 1930, as amended, and in
§ 210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10
(2006).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
August 30, 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 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 wireless
communication devices, components
thereof, or products containing the same
by reason of infringement of one or
more of claims 1–4, 6–8, 10, and 11 of
U.S. Patent No. 5,758,295; claims 1–3 of
U.S. Patent No. 5,783,926; claims 1, 2,
7, and 8 of U.S. Patent No. 5,864,765;
claims 1, 3, 6, 7, 18, and 19 of U.S.
Patent No. 6,009,319; claims 1–3, 5, 8,
11, 13, 14, and 18 of U.S. Patent No.
6,029,052; claims 1, 5, 11, and 14 of U.S.
Patent No. 6,198,405; claims 10 and 12
of U.S. Patent No. 6,387,027; claims 1,
14, and 20 of U.S. Patent No. 6,839,549;
and claim 8 of U.S. Patent No.
6,975,686; and whether an industry in
the United States exists as required by
subsection (a)(2) of section 337;
(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 complainants are—
Ericsson Inc., 6300 Legacy Drive, Plano,
TX 75024.
Telefonaktiebolaget LM Ericsson,
Torshamsgatan 23, Kista, 164 83
Stockholm Sweden.
(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:
Samsung Telecommunications America
LLP, 1301 East Lookout Drive,
Richardson, TX 75082.
Samsung Electronics America, Inc., 105
Challenger Road, Ridgefield Park, NJ
VerDate Aug<31>2005
20:18 Sep 05, 2006
Jkt 208001
07660. Samsung Electronics Co., Ltd.,
Samsung Main Building, 250,
Taepyung-ro 2-ka, Chung-ku, Seoul. 1
00–742 Korea.
(c) The Commission investigative
attorney, party to this investigation, is
Bryan F. Moore, Esq., Office of Unfair
Import Investigations, U.S. International
Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(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
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 respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and 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: August 31, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6–14742 Filed 9–5–06; 8:45 am]
BILLING CODE 7020–02–P
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Notice 1140–0080]
Agency Information Collection
Activities: Proposed Collection;
Comments Requested
30-day notice of information
collection under review: notification of
change of mailing or premise address.
ACTION:
The Department of Justice (DOJ),
Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) has submitted the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. This proposed
information collection was previously
published in the Federal Register
Volume 71, Number 71, page 24864 on
April 27, 2006, allowing for a 60 day
comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until October 6, 2006. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to The Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention Department of Justice Desk
Officer, Washington, DC 20503.
Additionally, comments may be
submitted to OMB via facsimile to (202)
395–5806.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agencies
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
E:\FR\FM\06SEN1.SGM
06SEN1
]]>Agencies
[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Pages 52579-52580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14742]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-583]
In the Matter of Certain Wireless Communication Devices,
Components Thereof, and Products Containing the Same; Notice of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on July 31, 2006, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of
Stockholm, Sweden. The complaint alleges violations of section 337 in
the importation into the United States and sale of certain wireless
communication devices, components thereof, and products containing the
same by reason of infringement of U.S. Patent No. 5,758,295, U.S.
Patent No. 5,783,926, U.S. Patent No. 5,864,765, U.S. Patent No.
6,009,319, U.S. Patent No. 6,029,052, U.S. Patent No. 6,198,405, U.S.
Patent No. 6,387,027, U.S. Patent No. 6,839,549, and U.S. Patent No.
6,975,686. The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a permanent exclusion
order and a permanent cease and desist order.
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
[[Page 52580]]
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://
www.edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Bryan F. Moore, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2767.
Authority: The authority for institution of this investigation
is contained in Sec. 337 of the Tariff Act of 1930, as amended, and
in Sec. 210.10 of the Commission's Rules of Practice and Procedure,
19 CFR 210.10 (2006).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on August 30, 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 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 wireless
communication devices, components thereof, or products containing the
same by reason of infringement of one or more of claims 1-4, 6-8, 10,
and 11 of U.S. Patent No. 5,758,295; claims 1-3 of U.S. Patent No.
5,783,926; claims 1, 2, 7, and 8 of U.S. Patent No. 5,864,765; claims
1, 3, 6, 7, 18, and 19 of U.S. Patent No. 6,009,319; claims 1-3, 5, 8,
11, 13, 14, and 18 of U.S. Patent No. 6,029,052; claims 1, 5, 11, and
14 of U.S. Patent No. 6,198,405; claims 10 and 12 of U.S. Patent No.
6,387,027; claims 1, 14, and 20 of U.S. Patent No. 6,839,549; and claim
8 of U.S. Patent No. 6,975,686; and whether an industry in the United
States exists as required by subsection (a)(2) of section 337;
(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 complainants are--
Ericsson Inc., 6300 Legacy Drive, Plano, TX 75024.
Telefonaktiebolaget LM Ericsson, Torshamsgatan 23, Kista, 164 83
Stockholm Sweden.
(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:
Samsung Telecommunications America LLP, 1301 East Lookout Drive,
Richardson, TX 75082.
Samsung Electronics America, Inc., 105 Challenger Road, Ridgefield
Park, NJ 07660. Samsung Electronics Co., Ltd., Samsung Main Building,
250, Taepyung-ro 2-ka, Chung-ku, Seoul. 1 00-742 Korea.
(c) The Commission investigative attorney, party to this
investigation, is Bryan F. Moore, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Suite 401, Washington, DC 20436; and
(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 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 respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and 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: August 31, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-14742 Filed 9-5-06; 8:45 am]
BILLING CODE 7020-02-P
