In the Matter of Certain Ink Cartridges and Components Thereof; Notice of Final Determination; Issuance of General Exclusion Order, Limited Exclusion Order, and Cease and Desist Orders; Termination of Investigation, 60692-60693 [E7-20983]

Download as PDF 60692 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices SUMMARY: The public land proposed for lease includes about five acres which has a long history of use by the family that owns the improvements on it. The historic cabin and other limited improvements are associated with adjacent private land that was homesteaded and patented in 1907. The previous lessee passed away unbeknownst to BLM and the lease expired. However, the family continued to pay the rent in the interim. Members of the family are now seeking to lease the land again because they own the improvements and have long-standing historical family ties to the property. The five-acre tract is adjacent to the applicant’s private land and is part of the applicant’s BLM grazing allotment. Disposal of the land at this time via public sale is not an option because it is within a retention zone per the Land Use Plan for that area. The following described public lands are suitable for lease under Section 302 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1732: Principal Meridian Montana T. 29 N., R. 9 W., Section 35, E1⁄2W1⁄2SW1⁄4 and W1⁄2E1⁄2SW1⁄4 of Lot 13. Containing about 5 acres. The effective date of this Notice of Realty Action is the publication date of this notice in the Federal Register. For a period of 30 days from the date of this notice, interested parties may submit written comments to June Bailey, Lewistown Field Manager, Bureau of Land Management, P.O. Box 1160, Lewistown, Montana 59457. Any adverse comments will be evaluated by the BLM Lewistown Field Manager who may sustain, vacate, or modify this realty action. DATES: FOR FURTHER INFORMATION CONTACT: Information related to the proposed lease is available by contacting Willy Frank at the BLM Lewistown Field Office, P.O. Box 1160, Lewistown, Montana 59457. This lease is consistent with Bureau of Land Management policies and planning. The public interest will be served by the issuance of this lease since it will allow for continued clean up of the immediate area and the stabilization and preservation of the historic cabin. mstockstill on PROD1PC66 with NOTICES SUPPLEMENTARY INFORMATION: Dated: October 19, 2007. Scott Haight, Associate Lewistown Field Manager. [FR Doc. E7–20996 Filed 10–24–07; 8:45 am] BILLING CODE 4310–$$–P VerDate Aug<31>2005 17:26 Oct 24, 2007 Jkt 214001 INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–565] In the Matter of Certain Ink Cartridges and Components Thereof; Notice of Final Determination; Issuance of General Exclusion Order, Limited Exclusion Order, and Cease and Desist Orders; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) based on the infringement of certain asserted claims of eleven asserted patents and has issued a general exclusion order, limited exclusion order, and cease and desist orders in the above-captioned investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3041. Copies 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) 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: The Commission instituted this investigation on March 23, 2006, based on a complaint filed by Epson Portland, Inc. of Oregon; Epson America, Inc. of California; and Seiko Epson Corporation of Japan. 71 FR 14720 (March 23, 2006). The complaint, as amended, alleged 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 ink cartridges and components thereof by reason of infringement of claim 7 of U.S. Patent No. 5,615,957 (‘‘the ‘957 patent’’); claims 18, 81, 93, PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 149, 164, and 165 of U.S. Patent No. 5,622,439 (‘‘the ‘439 patent’’); claims 83 and 84 of U.S. Patent No. 5,158,377 (‘‘the ‘377 patent’’); claims 19 and 20 of U.S. Patent No. 5,221,148 (‘‘the ‘148 patent’’); claims 29, 31, 34, and 38 of U.S. Patent No. 5,156,472 (‘‘the ‘472 patent’’); claim 1 of U.S. Patent No. 5,488,401 (‘‘the ‘401 patent’’); claims 1– 3 and 9 of U.S. Patent No. 6,502,917 (‘‘the ‘917 patent’’); claims 1, 31, and 34 of U.S. Patent No. 6,550,902 (‘‘the ‘902 patent’’); claims 1, 10, and 14 of U.S. Patent No. 6,955,422 (‘‘the ‘422 patent’’); claim 1 of U.S. Patent No. 7,008,053 (‘‘the ‘053 patent’’); and claims 21, 45, 53, and 54 of U.S. Patent No. 7,011,397 (‘‘the ‘397 patent’’). The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants requested that the Commission issue a general exclusion order and cease and desist orders. The Commission named as respondents twenty-four companies located in China, Germany, Hong Kong, Korea, and the United States. Several respondents have been found in default. On March 30, 2007, the presiding ALJ issued a final ID in the investigation finding a violation of section 337 and recommending the issuance of a general exclusion order and cease and desist orders. Respondents and the IA filed petitions for review of the ID on April 13, 2007. Responses were filed on April 20, 2007. The Commission determined to review those portions of the ALJ’s final ID concerning: (1) The claim construction of the terms ‘‘contacts’’ (claims 1, 2, 3, and 9 of the ‘917 patent; claims 1, 31, and 34 of the ‘902 patent); ‘‘overhang’’(definition and location) (claims 1, 31, and 34 of the ‘902 patent); and ‘‘ink supply tank’’ (claim 7 of the ‘957 patent, claims 19 and 20 of the ‘148 patent, claims 83 and 84 of the ‘377 patent, and claim 164 of the ‘439 patent); (2) infringement of claims employing those terms by those products for which review was sought, viz. infringement of claims 1, 2, 3, and 9 of the ‘917 patent (representative cartridges RC–6 and RC–10); claims 1, 31, and 34 of the ‘902 patent (representative cartridges RC–2 and RC– 6 to RC–10); and of claim 7 of the ‘957 patent, claims 19 and 20 of the ‘148 patent, claims 83 and 84 of the ‘377 patent, and claim 164 of the ‘439 patent (representative cartridge RC–2); (3) invalidity for obviousness of claims 1, 2, 3, and 9 of the ‘917 patent; claim 1 of the ‘053 patent; and claim 1 of the ‘422 patent. The parties filed briefs concerning the issues under review and remedy, the public interest, and E:\FR\FM\25OCN1.SGM 25OCN1 60693 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Notices bonding on July 13, 2007 and July 20, 2007. Having examined the record in this investigation, including the submissions on review and responses thereto, the Commission has determined that there is a violation of section 337 with respect to claim 7 of the ‘957 patent; claims 18, 81, 93, 149, and 164 of the ‘439 patent, claims 83 and 84 of the ‘377 patent; claims 19 and 20 of the ‘148 patent; claim 1 of the ‘401 patent; claims 1, 2, 3, and 9 of the ‘917 patent; claims 1, 31, and 34 of the ‘902 patent; claims 1, 10, and 14 of the ‘422 patent; claim 1 of the ‘053 patent; and claim 21 of the ‘397 patent. The Commission has also made determinations on the issues of remedy, the public interest, and bonding, as well as relief against defaulting respondents. The Commission determined that the appropriate form of relief in this investigation is a general exclusion order, limited exclusion order, and cease and desist orders. The general exclusion order prohibits the unlicensed entry of ink cartridges for consumption covered by one or more of claim 7 the ‘957 patent; claims 18, 81, 93, 149, and 164 of the ‘439 patent; claims 83 and 84 of the ‘377 patent; claims 19 and 20 of the ‘148 patent; claim 1 of the ‘401 patent; claims 1, 2, 3, and 9 of the ‘917 patent; claims 1, 31, and 34 of the ‘902 patent; claims 1, 10, and 14 of the ‘422 patent; claim 1 of the ‘053 patent; and claim 21 of the ‘397 patent. The limited exclusion order prohibits the unlicensed entry for consumption of certain ink cartridges that are covered by one or more of claim 165 of the ‘439 patent and claims 29, 31, 34, and 38 of the ‘472 patent that are manufactured abroad by or on behalf of, or imported by or on behalf of defaulting respondents Glory South Software Mfg., Butterfly Image Corp., Mipo International (‘‘Mipo’’), Mipo America Ltd. (‘‘Mipo America’’), AcuJet USA, Tully Imaging Supplies, Ltd. (‘‘Tully’’), Wellink Trading Co., Ltd. (‘‘Wellink’’), and Ribbon Tree (Macao) Trading Co. (‘‘Ribbon Tree Macao’’) or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. The limited exclusion order also prohibits the unlicensed entry for consumption of certain ink cartridges that are covered by one or more of claims 45, 53, and 54 of the ‘397 patent that are manufactured abroad by or on behalf of, or imported by or on behalf of Mipo, Mipo America, Tully, Wellink, and Ribbon Tree Macao or any of their affiliated companies, parents, VerDate Aug<31>2005 17:26 Oct 24, 2007 Jkt 214001 subsidiaries, or other related business entities, or their successors or assigns. The Commission has also determined to issue cease and desist orders covering claim 7 of the ‘957 patent; claims 18, 81, 93, 149, and 164 of the ‘439 patent; claims 83 and 84 of the ‘377 patent; claims 19 and 20 of the ‘148 patent; claim 1 of the ‘401 patent; claims 1, 2, 3 and 9 of the ‘917 patent; claims 1, 31 and 34 of the ‘902 patent; claims 1, 10 and 14 of the ‘422 patent; claim 1 of the ‘053 patent; and claim 21 of the ‘397 patent and directed to domestic respondents Ninestar U.S., Town Sky, Dataproducts, and MMC. The Commission has further determined to issue cease and desist orders covering claim 7 of the ‘957 patent; claims 18, 81, 93, 149, 164, and 165 of the ‘439 patent; claims 83 and 84 of the ‘377 patent; claims 19 and 20 of the ‘148 patent; claims 29, 31, 34, and 38 of the ‘472 patent; claim 1 of the ‘401 patent; claims 1, 2, 3 and 9 of the ‘917 patent; claims 1, 31 and 34 of the ‘902 patent; claims 1, 10 and 14 of the ‘422 patent; claim 1 of the ‘053 patent; and claims 21, 45, 53, and 54 of the ‘397 patent (Mipo America only) and directed to defaulting domestic respondents Glory South Manufacturing, Mipo America, and AcuJet U.S.A. The Commission has determined that the public interest factors enumerated in 19 U.S.C. § 1337(d), (f), and (g) do not preclude issuance of the aforementioned remedial orders, and that the bond during the Presidential period of review shall be set at $13.60 per cartridge for covered ink cartridges. The authority for the Commission’s determinations is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.45–210.51 of the Commission’s Rules of Practice and Procedure (19 CFR 210.45–210.51). By order of the Commission. Issued: October 19, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–20983 Filed 10–24–07; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Application Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to issuing a registration under this section to a bulk manufacturer of a controlled PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 substance in schedule I or II and prior to issuing a registration under 21 U.S.C. 952(a)(2) authorizing the importation of such substances, provide manufacturers holding registrations for the bulk manufacture of the substance an opportunity for a hearing. Therefore, in accordance with 21 CFR 1301.34(a), this is notice that on April 13, 2007, Research Triangle Institute, Kenneth H. Davis Jr., Hermann Building East Institute Drive, P.O. Box 12194, Research Triangle Park, North Carolina 27709, made application by renewal to the Drug Enforcement Administration (DEA) for registration as an importer of the basic classes of controlled substances listed in schedule I and II: Drug 1-(1-Phenylcyclohexyl)pyrrolidine (7458). 1-[1-(2Thienyl)cyclohexy]piperidine (7470). 1-[1-(2Thienyl)cyclohexyl]pyrrolidine (7473). 1-Methyl-4-phenyl-4propionoxypiperidine (9661). 1-(2-Phenylethyl)-4-phenyl-4acetoxypiperidine (9663). 2,5-Dimethoxy-4-(n)propylthiophenethylamine (7348). 2,5-Dimethoxy-4ethylamphetamine (7399). 2,5-Dimethoxyamphetamine (7396). 3,4,5-Trimethoxyamphetamine (7390). 3,4-Methylenedioxyamphetamine (7400). 3,4Methylenedioxymethamphetamine (7405). 3,4-Methylenedioxy-Nethylamphetamine (7404). 3-Methylfentanyl (9813) ................ 3-Methylthiofentanyl (9833) .......... 4-Bromo-2,5dimethoxyamphetamine (7391). 4-Bromo-2,5dimethoxyphenethylamine (7392). 4-Methyl-2,5dimethoxyamphetamine (7395). 4-Methylaminorex (cis isomer) (1590). 4-Methoxyamphetamine (7411) ... 5-Methoxy-3,4methylenedioxyamphetamine (7401). 5-Methoxy-N,Ndiisopropyltryptamine (7439). Acetorphine (9319) ....................... Acetyl-alpha-methylfentanyl (9815). Acetyldihydrocodeine (9051) ........ Acetylmethadol (9601) ................. Allylprodine (9602) ....................... Alphacetylmethadol except levoalphacetylmethadol (9603). E:\FR\FM\25OCN1.SGM 25OCN1 Schedule I I I I I I I I I I I I I I I I I I I I I I I I I I I

Agencies

[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Notices]
[Pages 60692-60693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20983]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-565]


In the Matter of Certain Ink Cartridges and Components Thereof; 
Notice of Final Determination; Issuance of General Exclusion Order, 
Limited Exclusion Order, and Cease and Desist Orders; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 of the Tariff Act of 
1930 (19 U.S.C. 1337) based on the infringement of certain asserted 
claims of eleven asserted patents and has issued a general exclusion 
order, limited exclusion order, and cease and desist orders in the 
above-captioned investigation. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. Copies 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) 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: The Commission instituted this investigation 
on March 23, 2006, based on a complaint filed by Epson Portland, Inc. 
of Oregon; Epson America, Inc. of California; and Seiko Epson 
Corporation of Japan. 71 FR 14720 (March 23, 2006). The complaint, as 
amended, alleged 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 ink cartridges and components 
thereof by reason of infringement of claim 7 of U.S. Patent No. 
5,615,957 (``the `957 patent''); claims 18, 81, 93, 149, 164, and 165 
of U.S. Patent No. 5,622,439 (``the `439 patent''); claims 83 and 84 of 
U.S. Patent No. 5,158,377 (``the `377 patent''); claims 19 and 20 of 
U.S. Patent No. 5,221,148 (``the `148 patent''); claims 29, 31, 34, and 
38 of U.S. Patent No. 5,156,472 (``the `472 patent''); claim 1 of U.S. 
Patent No. 5,488,401 (``the `401 patent''); claims 1-3 and 9 of U.S. 
Patent No. 6,502,917 (``the `917 patent''); claims 1, 31, and 34 of 
U.S. Patent No. 6,550,902 (``the `902 patent''); claims 1, 10, and 14 
of U.S. Patent No. 6,955,422 (``the `422 patent''); claim 1 of U.S. 
Patent No. 7,008,053 (``the `053 patent''); and claims 21, 45, 53, and 
54 of U.S. Patent No. 7,011,397 (``the `397 patent''). The complaint 
further alleged that an industry in the United States exists as 
required by subsection (a)(2) of section 337. The complainants 
requested that the Commission issue a general exclusion order and cease 
and desist orders. The Commission named as respondents twenty-four 
companies located in China, Germany, Hong Kong, Korea, and the United 
States. Several respondents have been found in default.
    On March 30, 2007, the presiding ALJ issued a final ID in the 
investigation finding a violation of section 337 and recommending the 
issuance of a general exclusion order and cease and desist orders. 
Respondents and the IA filed petitions for review of the ID on April 
13, 2007. Responses were filed on April 20, 2007.
    The Commission determined to review those portions of the ALJ's 
final ID concerning: (1) The claim construction of the terms 
``contacts'' (claims 1, 2, 3, and 9 of the `917 patent; claims 1, 31, 
and 34 of the `902 patent); ``overhang''(definition and location) 
(claims 1, 31, and 34 of the `902 patent); and ``ink supply tank'' 
(claim 7 of the `957 patent, claims 19 and 20 of the `148 patent, 
claims 83 and 84 of the `377 patent, and claim 164 of the `439 patent); 
(2) infringement of claims employing those terms by those products for 
which review was sought, viz. infringement of claims 1, 2, 3, and 9 of 
the `917 patent (representative cartridges RC-6 and RC-10); claims 1, 
31, and 34 of the `902 patent (representative cartridges RC-2 and RC-6 
to RC-10); and of claim 7 of the `957 patent, claims 19 and 20 of the 
`148 patent, claims 83 and 84 of the `377 patent, and claim 164 of the 
`439 patent (representative cartridge RC-2); (3) invalidity for 
obviousness of claims 1, 2, 3, and 9 of the `917 patent; claim 1 of the 
`053 patent; and claim 1 of the `422 patent. The parties filed briefs 
concerning the issues under review and remedy, the public interest, and

[[Page 60693]]

bonding on July 13, 2007 and July 20, 2007.
    Having examined the record in this investigation, including the 
submissions on review and responses thereto, the Commission has 
determined that there is a violation of section 337 with respect to 
claim 7 of the `957 patent; claims 18, 81, 93, 149, and 164 of the `439 
patent, claims 83 and 84 of the `377 patent; claims 19 and 20 of the 
`148 patent; claim 1 of the `401 patent; claims 1, 2, 3, and 9 of the 
`917 patent; claims 1, 31, and 34 of the `902 patent; claims 1, 10, and 
14 of the `422 patent; claim 1 of the `053 patent; and claim 21 of the 
`397 patent.
    The Commission has also made determinations on the issues of 
remedy, the public interest, and bonding, as well as relief against 
defaulting respondents. The Commission determined that the appropriate 
form of relief in this investigation is a general exclusion order, 
limited exclusion order, and cease and desist orders.
    The general exclusion order prohibits the unlicensed entry of ink 
cartridges for consumption covered by one or more of claim 7 the `957 
patent; claims 18, 81, 93, 149, and 164 of the `439 patent; claims 83 
and 84 of the `377 patent; claims 19 and 20 of the `148 patent; claim 1 
of the `401 patent; claims 1, 2, 3, and 9 of the `917 patent; claims 1, 
31, and 34 of the `902 patent; claims 1, 10, and 14 of the `422 patent; 
claim 1 of the `053 patent; and claim 21 of the `397 patent.
    The limited exclusion order prohibits the unlicensed entry for 
consumption of certain ink cartridges that are covered by one or more 
of claim 165 of the `439 patent and claims 29, 31, 34, and 38 of the 
`472 patent that are manufactured abroad by or on behalf of, or 
imported by or on behalf of defaulting respondents Glory South Software 
Mfg., Butterfly Image Corp., Mipo International (``Mipo''), Mipo 
America Ltd. (``Mipo America''), AcuJet USA, Tully Imaging Supplies, 
Ltd. (``Tully''), Wellink Trading Co., Ltd. (``Wellink''), and Ribbon 
Tree (Macao) Trading Co. (``Ribbon Tree Macao'') or any of their 
affiliated companies, parents, subsidiaries, or other related business 
entities, or their successors or assigns. The limited exclusion order 
also prohibits the unlicensed entry for consumption of certain ink 
cartridges that are covered by one or more of claims 45, 53, and 54 of 
the `397 patent that are manufactured abroad by or on behalf of, or 
imported by or on behalf of Mipo, Mipo America, Tully, Wellink, and 
Ribbon Tree Macao or any of their affiliated companies, parents, 
subsidiaries, or other related business entities, or their successors 
or assigns.
    The Commission has also determined to issue cease and desist orders 
covering claim 7 of the `957 patent; claims 18, 81, 93, 149, and 164 of 
the `439 patent; claims 83 and 84 of the `377 patent; claims 19 and 20 
of the `148 patent; claim 1 of the `401 patent; claims 1, 2, 3 and 9 of 
the `917 patent; claims 1, 31 and 34 of the `902 patent; claims 1, 10 
and 14 of the `422 patent; claim 1 of the `053 patent; and claim 21 of 
the `397 patent and directed to domestic respondents Ninestar U.S., 
Town Sky, Dataproducts, and MMC.
    The Commission has further determined to issue cease and desist 
orders covering claim 7 of the `957 patent; claims 18, 81, 93, 149, 
164, and 165 of the `439 patent; claims 83 and 84 of the `377 patent; 
claims 19 and 20 of the `148 patent; claims 29, 31, 34, and 38 of the 
`472 patent; claim 1 of the `401 patent; claims 1, 2, 3 and 9 of the 
`917 patent; claims 1, 31 and 34 of the `902 patent; claims 1, 10 and 
14 of the `422 patent; claim 1 of the `053 patent; and claims 21, 45, 
53, and 54 of the `397 patent (Mipo America only) and directed to 
defaulting domestic respondents Glory South Manufacturing, Mipo 
America, and AcuJet U.S.A.
    The Commission has determined that the public interest factors 
enumerated in 19 U.S.C. Sec.  1337(d), (f), and (g) do not preclude 
issuance of the aforementioned remedial orders, and that the bond 
during the Presidential period of review shall be set at $13.60 per 
cartridge for covered ink cartridges.
    The authority for the Commission's determinations is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in sections 210.45-210.51 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.45-210.51).

    By order of the Commission.

    Issued: October 19, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-20983 Filed 10-24-07; 8:45 am]
BILLING CODE 7020-02-P