In The Matter of: Certain Video Game Machines and Related Three-Dimensional Pointing Devices; Notice of Investigation, 54854-54855 [E8-22142]

Download as PDF 54854 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices The listed concession authorization will expire by its terms on or before December 31, 2008. The National Park Service has SUPPLEMENTARY INFORMATION: determined that the proposed extension is necessary in order to avoid interruption of visitor services and has taken all reasonable and appropriate steps to consider alternatives to avoid such interruption. Conc ID number Concessioner name CC–NACCOO4–89 ............................................ Landmark Services Tourmobile, Inc ................ National Capital Parks—Central Jo A. Pendry, Concession Program Manager, National Park Service, Washington, DC 20240, Telephone 202/ 513–7156. 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 O. Lloyd, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2576. this notice of investigation shall be served: (a) The complainant is—Hillcrest Laboratories, Inc., 15245 Shady Grove Road, Suite 400, Rockville, Maryland 20850–3222. (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: Nintendo Co., Ltd., 11–1 Kamitoba hokotate-cho, Minami-ku, Kyoto 601– 8501, Japan. Nintendo of America, Inc., 4820 150th Avenue, NE., Redmond, Washington 98052. FOR FURTHER INFORMATION CONTACT: Dated: September 21, 2008. Katherine H. Stevenson, Assistant Director, Business Services. [FR Doc. E8–22079 Filed 9–22–08; 8:45 am] BILLING CODE 4312–53–M INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–658] In The Matter of: Certain Video Game Machines and Related ThreeDimensional Pointing Devices; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 20, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Hillcrest Laboratories, Inc., of Rockville, Maryland. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain video game machines and related three-dimensional pointing devices that infringe certain claims of U.S. Patent Nos. 7,139,983; 7,158,118; 7,262,760; and 7,414,611. 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 an exclusion order and a 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 VerDate Aug<31>2005 16:54 Sep 22, 2008 Jkt 214001 Park 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 (2008). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 16, 2008, 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 video game machines and related three-dimensional pointing devices that infringe one or more of claims 1, 2, 5, 6, 8, 11, 12, 15, 16, 18, 19, 22, and 23 of U.S. Patent No. 7,139,983; claims 1–4 of U.S. Patent No. 7,158,118; claims 23, 24, 28, 30, 38–40, 45, 46, 50, 52, and 60–62 of U.S. Patent No. 7,262,760; and claims 20, 21, 25, 27, 34, 58, 59, 63, 65, 72, 77, 78, 82, 84, and 91 of U.S. Patent No. 7,414,611, 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 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 (c) The Commission investigative attorney, party to this investigation, is David O. Lloyd, 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, Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate 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 an exclusion order or a cease E:\FR\FM\23SEN1.SGM 23SEN1 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Notices and desist order or both directed against the respondent. By order of the Commission. Issued: September 17, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–22142 Filed 9–22–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE jlentini on PROD1PC65 with NOTICES Notice of Lodging of Consent Decree Under the Oil Pollution Act of 1990 Notice is hereby given that on September 12, 2008, a proposed consent decree in United States of America, the State of Washington, and Suquamish Tribe v. Foss Maritime Co., Civil Action No. 08–cv–1364, was lodged with the United States District Court for the Western District of Washington. The Complaint, filed by the Plaintiffs who are Trustees for natural resources, alleges that the defendant, Foss Maritime Company, is liable for natural resource damages pursuant to the Oil Pollution Act of 1990 (‘‘OPA’’), 33 U.S.C. 2701 et seq., resulting from the discharge of oil into Puget Sound on December 30, 2003, from a tank barge owned and operated by the defendant at the Point Wells terminal in Shoreline, Washington (hereinafter ‘‘Foss Oil Spill’’). In the Consent Decree, the defendant has agreed to pay $382,123 to the Trustees. This amount will reimburse the Trustees for their natural resource damage assessment costs and finance several restoration projects that will be undertaken to restore the natural resources lost and damaged in the Foss Oil Spill. For thirty (30) days after the date of this publication, the Department of Justice will receive comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. In either case, the comments should refer to United States, et. al. v. Foss Maritime Co., Civil Action No. 08–cv–1364, Ref. No. 90–5–1–1– 08642. During the comment period, the Consent Decree may be examined on the following Department of Justice Web site: https://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be examined at the Office of the United States Attorney, Western District of Washington, 700 Stewart Street Suite 5220, Seattle, WA VerDate Aug<31>2005 16:54 Sep 22, 2008 Jkt 214001 98101–1271, (206) 553–7970. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, or by faxing or e-mailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. In requesting a copy from the Consent Decree Library, please enclose a check in the amount of $6.50 (25 cents per page reproduction cost) payable to the United States Treasury or, if by e-mail or fax, forward a check in that amount to the Consent Decree Library at the stated address. Robert E. Maher, Jr., Assistant Section Chief Environmental Enforcement Section, Environment and Natural Resources. [FR Doc. E8–22118 Filed 9–22–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Settlement Agreement Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Notice is hereby given that on September 9, 2008, a proposed Settlement Agreement Regarding Miscellaneous Federal and State Environmental Sites was filed with the United States Bankruptcy Court for the Southern District of Texas in In re ASARCO LLC, et al., Case No. 05–21207 (Bankr. S.D. Tex.) (Docket No. 9101–5, Plan Exhibit 12–B). The settlement provides the United States with an allowed general unsecured claim in the amount indicated for each of the following Sites: The Tacoma Site— Operable Units (‘‘OU’’) 02, 04, and 06 of the Commencement Bay Nearshore Tideflats Superfund Site in and around Tacoma and Ruston, Washington, $27,000,000; the Circle Smelting Site— a former zinc smelter facility located in the Village of Beckemeyer, Illinois, $6,052,390; the Terrible Mine Site—a 44-acre former lead mining and milling site located in the Old Isle Mining District of Custer County, Colorado, $1,400,000; Stephenson/Bennett Mine Site—a 150-acre former mining and ˜ milling area in Dona Ana County, New Mexico, $550,000; the Coy Mine Site— a zinc mine in Jefferson County, Tennessee, $200,000; the Richardson Flat Tailings Site—a 160-acre former mine tailings impoundment and the Lower Silver Creek area in Summit County, Utah, $7,400,000; the Jack Waite Mine Site—several mine adits, a PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 54855 former mill site, four tailings ponds, and one or more waste rock piles located on land administered by the Forest Service in the Coeur d’Alene National Forest east of Prichard, Idaho, $11,300,000; the Black Pine Mine Site—mill tailings, a large mine waste rock dump, a seep, and associated wastes located on land administered by the Forest Service in the Beaverhead-Deerlodge National Forest northwest of Philipsburg, Montana, $190,000; the Combination Mine Site—a tailings pond and associated wastes in Lower Willow Creek located on land administered by the Forest Service in the BeaverheadDeerlodge National Forest northwest of Philipsburg, Montana, $542,000; the Flux Mine Site—a former zinc and silver mine and associated mine adits and waste rock dumps located on land administered by the Forest Service in the Coronado National Forest southeast of Patagonia, Arizona, $487,000; the International Boundary Water Commission (‘‘IBWC’’) Site—the American Dam and Canal portion of the Rio Grande Canalization Project and the American Dam Field Office in El Paso, Texas, $19,000,000; the Monte Cristo Mining District Site—a historic mining district including mines, mill facilities, adits, and waste piles located partly on land administered by the Forest Service within the Mt. Baker-Snoqualmie National Forest, in Snohomish County, Washington, $5,500,000 (the Settlement also provides the State of Washington an allowed general unsecured claim of $5,500,000 for this Site); the Vasquez Boulevard/I–70 Site—a historic smelter and the residential areas surrounding it, comprising OU1, OU2, and OU3 of the Vasquez Boulevard/Interstate-70 Superfund Site, in north-central Denver, Colorado, $1,500,000. The Settlement Agreement is subject to confirmation of Debtors’ Plan of Reorganization. For thirty (30) days after the date of this publication, the Department of Justice will receive comments relating to the Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either e-mailed to pubcommentees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611. In either case, comments should refer to In re Asarco LLC, Case No. 05–21207 (Bankr. S.D. Tex.), D.J. Ref. No. 90–11–3–08633. Commenters may request an opportunity for a public meeting in the affected area, in accordance with Section 7003(d) of RCRA, 42 U.S.C. 6973(d). The proposed Settlement Agreement may be examined at: The Office of the E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 73, Number 185 (Tuesday, September 23, 2008)]
[Notices]
[Pages 54854-54855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22142]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-658]


In The Matter of: Certain Video Game Machines and Related Three-
Dimensional Pointing Devices; 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 August 20, 2008, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Hillcrest Laboratories, Inc., of Rockville, Maryland. The complaint 
alleges violations of section 337 based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain video game machines and related 
three-dimensional pointing devices that infringe certain claims of U.S. 
Patent Nos. 7,139,983; 7,158,118; 7,262,760; and 7,414,611. 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 an exclusion order 
and a 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 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 O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2576.

    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 (2008).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 16, 2008, 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 video game 
machines and related three-dimensional pointing devices that infringe 
one or more of claims 1, 2, 5, 6, 8, 11, 12, 15, 16, 18, 19, 22, and 23 
of U.S. Patent No. 7,139,983; claims 1-4 of U.S. Patent No. 7,158,118; 
claims 23, 24, 28, 30, 38-40, 45, 46, 50, 52, and 60-62 of U.S. Patent 
No. 7,262,760; and claims 20, 21, 25, 27, 34, 58, 59, 63, 65, 72, 77, 
78, 82, 84, and 91 of U.S. Patent No. 7,414,611, 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 complainant is--Hillcrest Laboratories, Inc., 15245 Shady 
Grove Road, Suite 400, Rockville, Maryland 20850-3222.
    (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:

Nintendo Co., Ltd., 11-1 Kamitoba hokotate-cho, Minami-ku, Kyoto 601-
8501, Japan.
Nintendo of America, Inc., 4820 150th Avenue, NE., Redmond, Washington 
98052.

    (c) The Commission investigative attorney, party to this 
investigation, is David O. Lloyd, 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, Paul J. Luckern, Chief 
Administrative Law Judge, U.S. International Trade Commission, shall 
designate 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 an exclusion order or 
a cease

[[Page 54855]]

and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: September 17, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-22142 Filed 9-22-08; 8:45 am]
BILLING CODE 7020-02-P
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