In the Matter of Certain Voltage Regulators, Components Thereof and Products Containing Same; Notice of Institution of Formal Enforcement Proceeding, 60323-60324 [E8-24183]

Download as PDF Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices Background The Commission instituted these investigations effective August 22, 2007, following receipt of a petition filed with the Commission and Commerce by Tronox LLC, Oklahoma City, OK. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of EMD from Australia and China were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 30, 2008 (73 FR 23491). The hearing was held in Washington, DC, on July 24, 2008, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on September 25, 2008. The views of the Commission are contained in USITC Publication 4036 (September 2008), entitled Electrolytic Manganese Dioxide from Australia and China: Investigation Nos. 731–TA–1124 and 1125 (Final). Issued: October 7, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–24127 Filed 10–9–08; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–564; Enforcement Proceeding] In the Matter of Certain Voltage Regulators, Components Thereof and Products Containing Same; Notice of Institution of Formal Enforcement Proceeding U.S. International Trade Commission. ACTION: Notice. mstockstill on PROD1PC66 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has instituted a formal enforcement proceeding relating to the limited exclusion order issued at the conclusion of the above-captioned investigation. VerDate Aug<31>2005 Paul M. Bartkowski, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5432. 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 (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/. Hearing-impaired persons are advised that information on the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on March 22, 2006 based on a complaint filed by Linear Technology Corporation (‘‘Linear’’) of Milpitas, California. 71 FR 14545 (March 22, 2006). The complaint, as supplemented, alleged violations of section 337 of the Tariff Act of 1930 (‘‘section 337’’) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain voltage regulators, components thereof and products containing the same by reason of infringement of claims 1–14 and 23–25 of U.S. Patent No. 6,411,531 (‘‘the ‘531 patent’’) and claims 1–19, 31, 34, and 35 of U.S. Patent No. 6,580,258 (‘‘the ‘258 patent’’). The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint named Advanced Analogic Technologies, Inc. (‘‘AATI’’) of Sunnyvale, California as the sole respondent. Several claims were terminated during the investigation, and only claims 4, 9, and 26 of the ‘531 patent and claims 2, 3, 34, and 35 of the ‘258 patent were adjudicated. On May 22, 2007, the presiding administrative law judge (‘‘ALJ’’) issued a final initial determination (‘‘ID’’), finding no violation of section 337. Specifically, the ALJ found that none of AATI’s accused products directly infringed the asserted claims of the ‘258 patent, but that one accused product directly infringed claims 4 and 26 of the ‘531 patent. The ALJ found no indirect infringement of the asserted claims of either patent. As to validity, the ALJ determined that claim 35 of the ‘258 FOR FURTHER INFORMATION CONTACT: 20:11 Oct 09, 2008 Jkt 217001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 60323 patent and claims 4, 9, and 26 of the ‘531 patent were invalid due to anticipation, rejecting other arguments of invalidity, unenforceability, and estoppel. The ALJ also determined that a domestic industry existed with regard to the ‘258 patent, but not with regard to the ‘531 patent, because of a failure to meet the technical prong of the domestic industry requirement. On July 24, 2007, the Commission determined to review certain issues regarding the ‘258 patent, but determined not to review the ALJ’s ID regarding the ‘531 patent (except for one issue on which it took no position), resulting in a final determination of no violation with respect to the ‘531 patent. On September 24, 2007, after review, the Commission issued its final determination in the investigation with respect to the ‘258 patent, reversing the ALJ on certain issues and finding a violation of section 337. Specifically, the Commission found claims 2, 3, and 34 of the ‘258 patent valid and infringed by one representative product of AATI. The Commission issued a limited exclusion order directed to AATI with regard to voltage regulators covered by claims 2, 3, and 34 of the ‘258 patent. The Commission also determined that the public interest factors enumerated in 19 U.S.C. 1337(d) did not preclude issuance of the limited exclusion order, and that the bond during the Presidential review period would be 100 percent of the entered value of each voltage regulator that is subject to the order. Linear filed a complaint on February 20, 2008, an amended complaint on June 18, 2008, and a second amended complaint on August 29, 2008, requesting that the Commission institute a formal enforcement proceeding against AATI under Commission rule 210.75 for violation of the limited exclusion order. Having examined the amended enforcement complaint, and having found it complies with the requirements for institution of a formal enforcement proceeding contained in Commission rule 210.75, the Commission has determined to institute a formal enforcement proceeding to determine whether AATI is in violation of the Commission’s limited exclusion order issued in the investigation, and what, if any, enforcement measures are appropriate. The following entities are named as parties to the formal enforcement proceeding: (1) Complainant Linear, (2) respondent AATI, and (3) a Commission investigative attorney to be designated by the Director, Office of Unfair Import Investigations. E:\FR\FM\10OCN1.SGM 10OCN1 60324 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.75 of the Commission’s Rules of Practice and Procedure (19 CFR 210.75). Issued: October 1, 2008. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–24183 Filed 10–9–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Federal Bureau of Investigation [OMB Number 1110–0004] Overview of This Information Collection Agency Information Collection Activities: Proposed Collection, Comments Requested 60-day Notice of Information Collection Under Review: Revision of a currently approved collection Number of Full-time Law Enforcement Employees as of October 31. mstockstill on PROD1PC66 with NOTICES ACTION: The Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division (CJIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with established review procedures of the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted until December 9, 2008. This process is conducted in accordance with 5 CFR 1320.10. All comments, suggestions, or questions regarding additional information, to include obtaining a copy of the proposed information collection instrument with instructions, should be directed to Mr. Gregory E. Scarbro, Unit Chief, Federal Bureau of Investigation, CJIS Division, Module E–3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306, or facsimile to (304) 625–3566. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Comments should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including VerDate Aug<31>2005 20:11 Oct 09, 2008 Jkt 217001 whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques of other forms of information technology, e.g., permitting electronic submission of responses. (1) Type of information collection: Revision of a currently approved collection. (2) The title of the form/collection: Number of Full-time Law Enforcement Employees as of October 31. (3) The agency form number, if any, and the applicable component of the department sponsoring the collection: Forms 1–711, 1–711a, 1–711b; CJIS Division, Federal Bureau of Investigation, Department of Justice. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: City, county, state, federal, and tribal law enforcement agencies. This form is needed to collect information on the number of full-time civilian employees and sworn full-time law enforcement officers throughout the United States. Data are tabulated and published in the annual Crime in the United States. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: There are approximately 17,738 law enforcement agency respondents; calculated estimates indicate 8 minutes per report. (6) An estimate of the total public burden (in hours) associated with this collection: There are approximately 2,365 hours, annual burden, associated with this information collection. If additional information is required contact: Ms. Lynn Bryant, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, United States Department of Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Dated: October 6, 2008. Lynn Bryant, Department Clearance Officer, PRA, United States Department of Justice. [FR Doc. E8–24149 Filed 10–9–08; 8:45 am] BILLING CODE 4410–02–P DEPARTMENT OF JUSTICE Federal Bureau of Investigation Meeting of the Compact Council for the National Crime Prevention and Privacy Compact Federal Bureau of Investigation. ACTION: Meeting notice. AGENCY: SUMMARY: The purpose of this notice is to announce a meeting of the NationalCrime Prevention and Privacy Compact Council (Council) created by the NationalCrime Prevention and Privacy Compact Act of 1998 (Compact). Thus far, the Federal Government and 27 states are parties to the Compact, which governs the exchange of criminal history records for licensing, employment, and similar purposes. The Compact also provides a legal framework for the establishment of a cooperative federal-state system to exchange such records. The United States Attorney General appointed 15 persons from federal and state agencies to serve on the Council. The Council will prescribe system rules and procedures for the effective and proper operation of the Interstate Identification Index System. Matters for discussion are expected to include: (1) Standards to Invoke Noncriminal Justice Record Checks in the Matter of Emergencies and Disasters. (2) Proposed Changes to the Security and Management Outsourcing Standard. (3) Access to Department of Homeland Security Information by Federal, State, and Local Criminal Justice, Intelligence, and Authorized Noncriminal Justice Agencies: Update on the Progress to Date with Interoperability. The meeting will be open to the public on a first-come, first-seated basis. Any member of the public wishing to file a written statement with the Council or wishing to address this session of the Council should notify Mr. Gary S. Barron at (304) 625–2803, at least 24 hours prior to the start of the session. The notification should contain the requestor’s name and corporate designation, consumer affiliation, or government designation, along with a short statement describing the topic to be addressed and the time needed for E:\FR\FM\10OCN1.SGM 10OCN1

Agencies

[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60323-60324]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24183]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-564; Enforcement Proceeding]


In the Matter of Certain Voltage Regulators, Components Thereof 
and Products Containing Same; Notice of Institution of Formal 
Enforcement Proceeding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has instituted a formal enforcement proceeding relating to 
the limited exclusion order issued at the conclusion of the above-
captioned investigation.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. 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 
(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/. Hearing-impaired persons are advised that information 
on the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 22, 2006 based on a complaint filed by Linear Technology 
Corporation (``Linear'') of Milpitas, California. 71 FR 14545 (March 
22, 2006). The complaint, as supplemented, alleged violations of 
section 337 of the Tariff Act of 1930 (``section 337'') in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain voltage 
regulators, components thereof and products containing the same by 
reason of infringement of claims 1-14 and 23-25 of U.S. Patent No. 
6,411,531 (``the `531 patent'') and claims 1-19, 31, 34, and 35 of U.S. 
Patent No. 6,580,258 (``the `258 patent''). The complaint further 
alleged that an industry in the United States exists as required by 
subsection (a)(2) of section 337. The complaint named Advanced Analogic 
Technologies, Inc. (``AATI'') of Sunnyvale, California as the sole 
respondent. Several claims were terminated during the investigation, 
and only claims 4, 9, and 26 of the `531 patent and claims 2, 3, 34, 
and 35 of the `258 patent were adjudicated.
    On May 22, 2007, the presiding administrative law judge (``ALJ'') 
issued a final initial determination (``ID''), finding no violation of 
section 337. Specifically, the ALJ found that none of AATI's accused 
products directly infringed the asserted claims of the `258 patent, but 
that one accused product directly infringed claims 4 and 26 of the `531 
patent. The ALJ found no indirect infringement of the asserted claims 
of either patent. As to validity, the ALJ determined that claim 35 of 
the `258 patent and claims 4, 9, and 26 of the `531 patent were invalid 
due to anticipation, rejecting other arguments of invalidity, 
unenforceability, and estoppel. The ALJ also determined that a domestic 
industry existed with regard to the `258 patent, but not with regard to 
the `531 patent, because of a failure to meet the technical prong of 
the domestic industry requirement.
    On July 24, 2007, the Commission determined to review certain 
issues regarding the `258 patent, but determined not to review the 
ALJ's ID regarding the `531 patent (except for one issue on which it 
took no position), resulting in a final determination of no violation 
with respect to the `531 patent. On September 24, 2007, after review, 
the Commission issued its final determination in the investigation with 
respect to the `258 patent, reversing the ALJ on certain issues and 
finding a violation of section 337. Specifically, the Commission found 
claims 2, 3, and 34 of the `258 patent valid and infringed by one 
representative product of AATI. The Commission issued a limited 
exclusion order directed to AATI with regard to voltage regulators 
covered by claims 2, 3, and 34 of the `258 patent. The Commission also 
determined that the public interest factors enumerated in 19 U.S.C. 
1337(d) did not preclude issuance of the limited exclusion order, and 
that the bond during the Presidential review period would be 100 
percent of the entered value of each voltage regulator that is subject 
to the order.
    Linear filed a complaint on February 20, 2008, an amended complaint 
on June 18, 2008, and a second amended complaint on August 29, 2008, 
requesting that the Commission institute a formal enforcement 
proceeding against AATI under Commission rule 210.75 for violation of 
the limited exclusion order.
    Having examined the amended enforcement complaint, and having found 
it complies with the requirements for institution of a formal 
enforcement proceeding contained in Commission rule 210.75, the 
Commission has determined to institute a formal enforcement proceeding 
to determine whether AATI is in violation of the Commission's limited 
exclusion order issued in the investigation, and what, if any, 
enforcement measures are appropriate.
    The following entities are named as parties to the formal 
enforcement proceeding: (1) Complainant Linear, (2) respondent AATI, 
and (3) a Commission investigative attorney to be designated by the 
Director, Office of Unfair Import Investigations.

[[Page 60324]]

    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in section 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    Issued: October 1, 2008.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-24183 Filed 10-9-08; 8:45 am]
BILLING CODE 7020-02-P
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