Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 79910 [E8-30982]
Download as PDF
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]
[Page 79910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30982]
-----------------------------------------------------------------------
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. 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 e-mailing 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