In the Matter of Certain Nitrile Gloves and in the Matter of Certain Nitrile Rubber Gloves; Notice of Commission Determination of No Violation of Section 337; Termination of the Investigation, 79909-79910 [E8-30930]

Download as PDF Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices of Idaho may proceed after that date if no additional claimants come forward. The Oregon State Museum of Anthropology is responsible for notifying the Burns Paiute Tribe; Confederated Tribes of the Umatilla Indian Reservation, Oregon; Confederated Tribes of the Warm Springs Reservation of Oregon; Confederated Tribes and Bands of the Yakama Nation, Washington; Klamath Tribes, Oregon; and Nez Perce Tribe of Idaho that this notice has been published. Dated: November 18, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8–30886 Filed 12–29–08; 8:45 am] BILLING CODE 4312–50–S DEPARTMENT OF THE INTERIOR National Park Service Notice of Inventory Completion: University of Oregon, Oregon State Museum of Anthropology, Eugene, OR National Park Service, Interior. ACTION: Notice. pwalker on PROD1PC71 with NOTICES AGENCY: Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains in the possession of the University of Oregon, Oregon State Museum of Anthropology, Eugene, OR. The human remains were removed from Grant County, OR. This notice is published as part of the National Park Service’s administrative responsibilities under NAGPRA, 25 U.S.C. 3003 (d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice. A detailed assessment of the human remains was made by Oregon State Museum of Anthropology professional staff in consultation with representatives of the Burns Paiute Tribe; Confederated Tribes of the Umatilla Indian Reservation, Oregon; and Confederated Tribes of the Warm Springs Reservation of Oregon. At an unknown date, human remains representing a minimum of one individual were removed from the ‘‘Aldrich Mtns south Dayville,’’ Grant County, OR, by an unknown person. The human remains were donated to the museum by a private donor. No known VerDate Aug<31>2005 22:55 Dec 29, 2008 Jkt 217001 individual was identified. No associated funerary objects are present. The Aldrich Mountains border the upper John Day River Valley. Historical documents, ethnographic sources, and oral history indicate that the Umatilla and Northern Paiute people have occupied the upper John Day River Valley since precontact times. Based on skeletal evidence of heavy dental wear, the human remains were determined to be Native American. The human remains were recovered from the aboriginal lands of the Umatilla or Northern Paiute. Descendants of the Umatilla are members of the Confederated Tribes of the Umatilla Indian Reservation, Oregon; descendants of the Northern Paiute who used this area are members of the Burns Paiute Tribe and Confederated Tribes of the Warm Springs Reservation of Oregon. Officials of the Oregon State Museum of Anthropology have determined that, pursuant to 25 U.S.C. 3001 (9–10), the human remains described above represent the physical remains of one individual of Native American ancestry. Officials of the Oregon State Museum of Anthropology also have determined that, pursuant to 25 U.S.C. 3001 (2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and the Burns Paiute Tribe; Confederated Tribes of the Umatilla Indian Reservation, Oregon; and/or Confederated Tribes of the Warm Springs Reservation of Oregon. Representatives of any other Indian tribe that believes itself to be culturally affiliated with the human remains should contact Pamela Endzweig, Oregon State Museum of Anthropology, 1224 University of Oregon, Eugene, OR 97403–1224, telephone (541) 346–5120, before January 29, 2009. Repatriation of the human remains to the Burns Paiute Tribe; Confederated Tribes of the Umatilla Indian Reservation, Oregon; and/or Confederated Tribes of the Warm Springs Reservation of Oregon may proceed after that date if no additional claimants come forward. The Oregon State Museum of Anthropology is responsible for notifying the Burns Paiute Tribe; Confederated Tribes of the Umatilla Indian Reservation, Oregon; and Confederated Tribes of the Warm Springs Reservation of Oregon that this notice has been published. Dated: November 20, 2008 Sherry Hutt, Manager, National NAGPRA Program. [FR Doc. E8–30889 Filed 12–29–08; 8:45 am] BILLING CODE 4312–50–S PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 79909 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–608; Investigation No. 337–TA–612] In the Matter of Certain Nitrile Gloves and in the Matter of Certain Nitrile Rubber Gloves; Notice of Commission Determination of No Violation of Section 337; Termination of the Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined that there is no violation of 19 U.S.C. 1337 by respondents in the above-referenced investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–5468. 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 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. 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 Inv. No. 337– TA–608 on July 6, 2007, based on a complaint filed by Tillotson Corporation d.b.a. Best Manufacturing Company (‘‘Tillotson’’). The complaint alleged violations of section 337 of the Tariff Act of 1930 (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 nitrile gloves by reason of infringement of various claims of United States Patent No. Re. 35,616 (‘‘the ‘616 patent’’). The complaint named over thirty respondents. The Commission instituted a second investigation, Inv. No. 337–TA–612, on August 22, 2007, based on a complaint filed by Tillotson. That complaint also alleged violations E:\FR\FM\30DEN1.SGM 30DEN1 pwalker on PROD1PC71 with NOTICES 79910 Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices 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 nitrile gloves by reason of infringement of various claims of the ‘616 patent and named seven respondents. On September 19, 2007, the ALJ consolidated Inv. No. 337–TA– 608 with Inv. No. 337–TA–612. On August 25, 2008, the ALJ issued a final ID and recommended determination on remedy and bonding in the above-referenced consolidated investigation, finding that the active respondents did not violate section 337. Specifically, he found that while the majority of accused gloves infringe claims 17, 18, and 19 of the ‘616 patent, the asserted claims are invalid. He concluded that when the patentees amended the claims through a reissue application filed more than two years after the grant of the original patent, they improperly enlarged the scope of the claims, rendering them invalid. The ALJ further concluded that the claims are invalid because the patentees filed a defective reissue declaration when applying for the reissue patent. He rejected other arguments of invalidity and unenforceability. Accordingly, the ALJ concluded that respondents had not violated section 337. On September 8, 2008, complainant Tillotson filed a petition for review, as did several respondents. On September 16, 2008, respondents filed a response to complainant’s petition and complainant filed a response to respondents’ petition. On October 24, 2008, the Commission determined to review a portion of the ALJ’s ID and requested briefing from the parties on the issues under review and on remedy, the public interest, and bonding. On November 10, 2008, complainant Tillotson, certain respondents, and the Commission investigative attorney (‘‘IA’’) each filed responses to the Commission’s request for written submissions. On November 17, 2008, complainant, certain respondents, and the IA filed reply submissions. Having examined the record of this investigation, including the ALJ’s ID and the submissions of the parties, the Commission has determined to affirm the ALJ’s determination that the respondents did not violate section 337 because the asserted claims are invalid under 35 U.S.C. 251 and 37 CFR 1.175(a) (1996), but will clarify a portion of his claim construction in a separate opinion. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as VerDate Aug<31>2005 22:55 Dec 29, 2008 Jkt 217001 amended (19 U.S.C. 1337), and in section 210.45 of the Commission’s Rules of Practice and Procedure (19 CFR 210.45). By order of the Commission. Issued: December 22, 2008. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E8–30930 Filed 12–29–08; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on December 22, 2008, a proposed consent decree in United States v. Ashland Inc., et al., Civil Action No. 6:08–cv–01401– MLB–KMH, was lodged with the United States District Court for the District of Kansas. The Complaint is a civil action on behalf of the Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. (‘‘CERCLA’’), for reimbursement of response costs incurred by the United States in response to the release or threat of release of hazardous substances into the environment from the Chemical Commodities Inc. Superfund Site in Olathe, Kansas (‘‘Site’’). The United States alleges that the Defendants are liable under Section 107 of CERCLA, 42 U.S.C. 9607(a). The Consent Decree provides for the implementation of the remedial action chosen by EPA for the Site by two Defendants, the Boeing Company and CertainTeed Corp. Seven Defendants will contribute towards the costs of performing the remedial action or provide access to the Site. The United States, on behalf of the Defense Logistics Agency, will pay 48% of the costs in excess of the payments by the seven defendants. EPA estimates that the remedial action will cost approximately $9.8 million. For thirty (30) days after 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 v. Ashland Inc., et al, Civil Action No. PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 08–cv–01401–MLB–KMH, D.J. Ref. Nos. 90–11–3–1686 & 1686/1. 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, District of Kansas, Suite 1200, 301 N. Main Street, Wichita, Kansas 67202, (316) 269–6481. 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 emailing a request to Tonia Fleetwood (tonia.fleetwood@usdoj.gov), fax no. (202) 514–0097, phone confirmation number (202) 514–1547. When requesting a copy from the Consent Decree Library, please enclose a check in the amount of $48 (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. Robert E. Maher, Jr., Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources. [FR Doc. E8–30982 Filed 12–29–08; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Office of Justice Programs Office for Victims of Crime [OMB Number 1121–0170] Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 60-Day Notice of Information Collection Under Review: Extension of a currently approved collection; Victim of Crime Act, Crime Victim Assistance Grant Program, Subgrant Award Report. Department of Justice (DOJ), Office of Justice Programs (OJP), Office for Victims of Crime (OVC) 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. Comments are encouraged and will be accepted for ‘‘sixty days’’ until March 2, 2009. This process is conducted in accordance with 5 CFR 1320.10. E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79909-79910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30930]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-608; Investigation No. 337-TA-612]


In the Matter of Certain Nitrile Gloves and in the Matter of 
Certain Nitrile Rubber Gloves; Notice of Commission Determination of No 
Violation of Section 337; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined that there is no violation of 19 U.S.C. 1337 
by respondents in the above-referenced investigation. The investigation 
is terminated.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 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. 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 Inv. No. 337-TA-
608 on July 6, 2007, based on a complaint filed by Tillotson 
Corporation d.b.a. Best Manufacturing Company (``Tillotson''). The 
complaint alleged violations of section 337 of the Tariff Act of 1930 
(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 nitrile gloves by reason of infringement of 
various claims of United States Patent No. Re. 35,616 (``the `616 
patent''). The complaint named over thirty respondents. The Commission 
instituted a second investigation, Inv. No. 337-TA-612, on August 22, 
2007, based on a complaint filed by Tillotson. That complaint also 
alleged violations

[[Page 79910]]

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 nitrile gloves by reason of infringement of various claims of 
the `616 patent and named seven respondents. On September 19, 2007, the 
ALJ consolidated Inv. No. 337-TA-608 with Inv. No. 337-TA-612.
    On August 25, 2008, the ALJ issued a final ID and recommended 
determination on remedy and bonding in the above-referenced 
consolidated investigation, finding that the active respondents did not 
violate section 337. Specifically, he found that while the majority of 
accused gloves infringe claims 17, 18, and 19 of the `616 patent, the 
asserted claims are invalid. He concluded that when the patentees 
amended the claims through a reissue application filed more than two 
years after the grant of the original patent, they improperly enlarged 
the scope of the claims, rendering them invalid. The ALJ further 
concluded that the claims are invalid because the patentees filed a 
defective reissue declaration when applying for the reissue patent. He 
rejected other arguments of invalidity and unenforceability. 
Accordingly, the ALJ concluded that respondents had not violated 
section 337.
    On September 8, 2008, complainant Tillotson filed a petition for 
review, as did several respondents. On September 16, 2008, respondents 
filed a response to complainant's petition and complainant filed a 
response to respondents' petition.
    On October 24, 2008, the Commission determined to review a portion 
of the ALJ's ID and requested briefing from the parties on the issues 
under review and on remedy, the public interest, and bonding. On 
November 10, 2008, complainant Tillotson, certain respondents, and the 
Commission investigative attorney (``IA'') each filed responses to the 
Commission's request for written submissions. On November 17, 2008, 
complainant, certain respondents, and the IA filed reply submissions.
    Having examined the record of this investigation, including the 
ALJ's ID and the submissions of the parties, the Commission has 
determined to affirm the ALJ's determination that the respondents did 
not violate section 337 because the asserted claims are invalid under 
35 U.S.C. 251 and 37 CFR 1.175(a) (1996), but will clarify a portion of 
his claim construction in a separate opinion.
    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 210.45 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.45).

    By order of the Commission.

    Issued: December 22, 2008.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E8-30930 Filed 12-29-08; 8:45 am]
BILLING CODE 7020-02-P
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