In the Matter of Certain Male Prophylactic Devices; Notice of Commission Determination To Reverse an Initial Determination of the Administrative Law Judge That Section 337 Has Been Violated; Termination of Investigation With a Finding of No Violation of Section 337, 35509-35510 [E7-12519]

Download as PDF Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Notices FLORIDA Orleans County Seminole County First Methodist Church of Oviedo, 263 King St., Oviedo, 07000743. Cobblestone Inn (Cobblestone Architecture of New York State MPS),12226 Ridge Rd., Oak Orchard, 07000755. MICHIGAN OREGON Berrien County Hood River County Union Block, 114 E. Front St., Buchanan, 07000746. Hill, Martin and Carrie, House, 2265 OR 35, Hood River, 07000760. Houghton County Multnomah County Quincy Mining Company Stamp Mills Historic District, M–26,Osceola, 07000750. Yale Union Laundry Building, 800 SE 10th Ave., Portland, 07000759. Ingham County RHODE ISLAND Arbaugh’s Department Store Building, 401 S. Washington, Lansing, 07000748. Kent County Kalamazoo County Harris Mill, 618 Main St., Coventry, 07000761. Shields, Patrick and Sarah Dobbins, House, 6681 N. 2nd St., Alamo, 07000745. TENNESSEE Davidson County Wayne County MISSISSIPPI Whitland Area Neighborhood, Roughly bounded by Whitland Ave., Bowling Ave., S. Wilson Blvd., and tributary of Richland Creek., Nashville, 07000763. Hinds County Shelby County Raymond Historic District, (Raymond and Vicinity MRA), Roughly Town Sq, with parts of E. Main, Palestine, Cooper’s Well, Clinton, Oak, Court, W. Main, Dupree, and Port Gibson, Raymond, 07000749. Universal Life Insurance Company, 480 Linden Ave., Memphis, 07000762. Lauderdale County MISSOURI Brook Road Marker, Jefferson Davis Highway, (UDC Commemorative Highway Markers along the Jefferson Davis Highway in Virginia), 0.2 mi. E of jct. of Hillard and Brook Rds., Richmond, 07000765. Cape Girardeau County Broadway—Middle Commercial Historic District, (Cape Girardeau, Missouri MPS), 500 Blk of Broadway and 100 blk of N. Middle St., Cape Girardeau, 07000753. King William County Sharon Indian School, 13383 King William Rd., King William, 07000764. Wardell, The, 15 E. Kirby Ave., Detroit, 07000744. Lacy Homestead, Address Restricted, Toomsuba, 07000747. Jefferson County Kimmswick Historic District, Roughly bounded by Front St., Fourth St., Mill St., Elm St. and Oak St., Kimmswick, 07000752. St. Clair County Harper School, jct. of MO 82 and MO U, Harper, 07000751. NEW YORK Henrico County Loudoun County Green Garden, 22439 Green Garden Rd., Upperville, 07000769. Richmond Independent city Department of Public Utilities Howard (Overbrook) Road Facility,1307, 1311, 1315, 1317, 1319 Overbrook Rd., Richmond (Independent City), 07000767. Rockingham County Edom Store and Post Office, 5375 Jesse Bennett Way, Edom, 07000768. Delaware County Pioneer Cemetery, Main St., Sidney, 07000754. Livingston County Boyd & Parker Park and Groveland Ambuscade, US 20A; Gray Hill Rd., Cuylerville, 07000757. mstockstill on PROD1PC66 with NOTICES VIRGINIA Oneida County Staunton Independent city Western State Hospital (Boundary Increase II), 301 Greenville Ave., adjacent to NE corner of VA 11 and VA 250, Staunton (Independent City), 07000766. [FR Doc. E7–12489 Filed 6–27–07; 8:45 am] BILLING CODE 4312–51–P Hieber, John C., Building, 311 Main St., Utica, 07000756. Onondaga County Colden Mansion Ruins, NY 17K, Montgomery, 07000758. VerDate Aug<31>2005 18:23 Jun 27, 2007 Jkt 211001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 35509 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–546] In the Matter of Certain Male Prophylactic Devices; Notice of Commission Determination To Reverse an Initial Determination of the Administrative Law Judge That Section 337 Has Been Violated; Termination of Investigation With a Finding of No Violation of Section 337 U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to reverse the presiding administrative law judge’s finding of violation of section 337 of the Tariff Act, as amended, and has terminated the investigation with a finding of no violation of section 337. FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3116. 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. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS–ON–LINE) at http://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 investigation was instituted on August 5, 2005, based on a complaint filed on behalf of Portfolio Technologies, Inc., of Chicago, Illinois. 70 FR 45422. The complaint, as amended and supplemented, alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain male prophylactic devices by reason of infringement of claims 1–27, 31–33, and 36 of U.S. Patent No. 5,082,004. The respondents named in the investigation are Church & Dwight Co., Inc., of Princeton, New Jersey; E:\FR\FM\28JNN1.SGM 28JNN1 35510 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Notices mstockstill on PROD1PC66 with NOTICES Reddy Medtech, Ltd., of Tamil Nadu, India; and Intellx, Inc., of Petoskey, Michigan. On June 30, 2006, the presiding administrative law judge (‘‘ALJ’’) issued a final initial determination (‘‘ID’’) in which he ruled that there is no violation of section 337 of the Tariff Act of 1930, as amended. He found that certain valid claims were infringed, but concluded that there was no domestic industry under the economic prong of the domestic industry requirement. All parties petitioned for review of various parts of the final ID. On September 29, 2006, the Commission determined to review the issues of claim construction, infringement, invalidity due to anticipation, and domestic industry, and requested briefing on these issues and certain subissues. 71 FR 58875 (Oct. 5, 2006). On December 5, 2006, the Commission determined to affirm in part, reverse in part, and remand in part the final ID. Among other things, the Commission reversed the ALJ’s finding of no domestic industry under the economic prong. The Commission also determined to extend the target date for completion of the investigation until June 5, 2007. The date was subsequently moved to June 21, 2007, by an unreviewed ID. On March 19, 2007, the ALJ issued his remand ID, in which he ruled that there is a violation of section 337 based on the infringement of certain valid claims and found that there is a domestic industry. In further briefing before the Commission, all parties claimed error. Upon consideration of the parties’ submissions and the record in this proceeding, the Commission has determined to reverse the ALJ’s finding of violation of section 337 and has terminated the investigation with a finding of no violation. In reaching this conclusion, the Commission has reversed the ALJ’s finding that the accused products infringe certain claims of U.S. Patent No. 5,082,004, as well as his finding that certain claims of that patent are invalid as anticipated by the prior art. The authority for this notice is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.45(c) of the Commission’s Rules of Practice and Procedure (19 CFR 210.45(c)). Issued: June 21, 2007. By order of the Commission. William R. Bishop, Acting Secretary to the Commission. [FR Doc. E7–12519 Filed 6–27–07; 8:45 am] BILLING CODE 7020–02–P VerDate Aug<31>2005 18:23 Jun 27, 2007 Jkt 211001 DEPARTMENT OF JUSTICE Executive Office for Immigration Review [EOIR No. 162] Codes of Conduct for the Immigration Judges and Board Members Office of the Chief Immigration Judge; Board of Immigration Appeals,Executive Office for Immigration Review, Department of Justice. ACTION: Notice. AGENCY: SUMMARY: The Executive Office for Immigration Review (EOIR) is proposing newly formulated Codes of Conduct for the immigration judges of the Office of the Chief Immigration Judge and for the Board members of the Board of Immigration Appeals. EOIR is seeking public comment on the codes before final publication. DATES: Comment date: Comments may be submitted not later than July 30, 2007. You may submit comments by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Kevin Chapman, Acting General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041. To ensure proper handling, please reference EOIR Docket No. 162 on your correspondence. This mailing address may also be used for paper, disk, or CD–ROM submissions. • Hand Delivery/Courier: Kevin Chapman, Acting General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041; telephone (703) 305–0470 (not a toll free call). FOR FURTHER INFORMATION CONTACT: Kevin Chapman, Acting General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041; telephone (703) 305–0470 (not a toll free call). SUPPLEMENTARY INFORMATION: On January 9, 2006, the Attorney General directed a comprehensive review of the Immigration Courts and the Board of Immigration Appeals. This review was undertaken in response to concerns about the quality of decisions being issued by the immigration judges and the Board and about reports of intemperate behavior by some immigration judges. The Deputy Attorney General and the Associate Attorney General assembled a review ADDRESSES: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 team that, over the course of several months, conducted hundreds of interviews, administered an online survey, and analyzed thousands of documents to assess the adjudicative process in the Executive Office for Immigration Review (EOIR). On August 9, 2006, the Attorney General announced that the review was complete, and he directed that a series of measures be taken to improve adjudications by the immigration judges and the Board. One of these measures required the EOIR Director to draft a Code of Judicial Conduct specifically applicable to immigration judges and the members of the Board of Immigration Appeals. The Director was then, after consultation with the Counsel for Professional Responsibility and the Director of the Office of Attorney Recruitment and Management, to submit that code to the Deputy Attorney General. That has been accomplished and what follow are the Code of Judicial Conduct for immigration judges and the Code of Judicial Conduct for members of the Board of Immigration Appeals. The Department is seeking comments from the public before final publication. Once published, these Codes will be available on-line to counsel and litigants who appear before the Immigration Courts and the Board of Immigration Appeals. Dated: June 20, 2007. Kevin A. Ohlson, Acting Director, EOIR United States Department of Justice Code of Judicial Conduct for Immigration Judges Preamble In Order to Preserve the Integrity and Professionalism of the Immigration Court System, an Immigration Judge Shall Observe High Standards of Ethical Conduct, Act in a Manner that Promotes Public Confidence in the Impartiality of the Immigration Judge Corps, and Avoid Impropriety and the Appearance of Impropriety in All Activities. Canons Canon I. An immigration judge shall comply with the canons contained in this Code of Judicial Conduct for Immigration Judges. Canon II. An immigration judge shall comply with the standards of conduct applicable to all attorneys in the Department of Justice, including the Standards of Ethical Conduct for Employees of the Executive Branch, codified in Title 5 of the Code of Federal Regulations, and the Department’s supplemental regulations codified at 5 CFR part 3801 and 28 CFR part 45. E:\FR\FM\28JNN1.SGM 28JNN1

Agencies

[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Notices]
[Pages 35509-35510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12519]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-546]


In the Matter of Certain Male Prophylactic Devices; Notice of 
Commission Determination To Reverse an Initial Determination of the 
Administrative Law Judge That Section 337 Has Been Violated; 
Termination of Investigation With a Finding of No Violation of Section 
337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to reverse the presiding administrative law 
judge's finding of violation of section 337 of the Tariff Act, as 
amended, and has terminated the investigation with a finding of no 
violation of section 337.

FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3116. 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. General information concerning the 
Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS-ON-LINE) at http://
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 investigation was instituted on August 
5, 2005, based on a complaint filed on behalf of Portfolio 
Technologies, Inc., of Chicago, Illinois. 70 FR 45422. The complaint, 
as amended and supplemented, alleged violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into 
the United States, the sale for importation, and the sale within the 
United States after importation of certain male prophylactic devices by 
reason of infringement of claims 1-27, 31-33, and 36 of U.S. Patent No. 
5,082,004. The respondents named in the investigation are Church & 
Dwight Co., Inc., of Princeton, New Jersey;

[[Page 35510]]

Reddy Medtech, Ltd., of Tamil Nadu, India; and Intellx, Inc., of 
Petoskey, Michigan.
    On June 30, 2006, the presiding administrative law judge (``ALJ'') 
issued a final initial determination (``ID'') in which he ruled that 
there is no violation of section 337 of the Tariff Act of 1930, as 
amended. He found that certain valid claims were infringed, but 
concluded that there was no domestic industry under the economic prong 
of the domestic industry requirement. All parties petitioned for review 
of various parts of the final ID.
    On September 29, 2006, the Commission determined to review the 
issues of claim construction, infringement, invalidity due to 
anticipation, and domestic industry, and requested briefing on these 
issues and certain subissues. 71 FR 58875 (Oct. 5, 2006). On December 
5, 2006, the Commission determined to affirm in part, reverse in part, 
and remand in part the final ID. Among other things, the Commission 
reversed the ALJ's finding of no domestic industry under the economic 
prong. The Commission also determined to extend the target date for 
completion of the investigation until June 5, 2007. The date was 
subsequently moved to June 21, 2007, by an unreviewed ID.
    On March 19, 2007, the ALJ issued his remand ID, in which he ruled 
that there is a violation of section 337 based on the infringement of 
certain valid claims and found that there is a domestic industry. In 
further briefing before the Commission, all parties claimed error.
    Upon consideration of the parties' submissions and the record in 
this proceeding, the Commission has determined to reverse the ALJ's 
finding of violation of section 337 and has terminated the 
investigation with a finding of no violation. In reaching this 
conclusion, the Commission has reversed the ALJ's finding that the 
accused products infringe certain claims of U.S. Patent No. 5,082,004, 
as well as his finding that certain claims of that patent are invalid 
as anticipated by the prior art.
    The authority for this notice is contained in section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 
210.45(c) of the Commission's Rules of Practice and Procedure (19 CFR 
210.45(c)).

    Issued: June 21, 2007.

    By order of the Commission.
William R. Bishop,
Acting Secretary to the Commission.
 [FR Doc. E7-12519 Filed 6-27-07; 8:45 am]
BILLING CODE 7020-02-P