In the Matter of: Certain Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Cross-Licensing Agreement, 2098-2099 [E9-559]

Download as PDF sroberts on PROD1PC70 with NOTICES 2098 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices or by bidders. In addition, the GDIS should clearly identify the data type (2–D or 3–D, pre-stack or post-stack and time or depth); data extent (i.e., number of line miles for 2D or number of blocks for 3D) and migration algorithm of the data and information. The statement must also include the name and phone number of a contact person, and an alternate, who are both knowledgeable about the information and data listed and available for 30 days post-sale, the processing company, date processing completed, owner of the original data, original data survey name and permit number. The MMS reserves the right to query about alternate data sets and to quality check and compare the listed and alternative data sets to determine which data set most closely meets the needs of the fair market value determination process. The statement must also identify each block upon which a bidder bid, or participated in a bid, but for which it did not use processed or reprocessed pre- or post-stack geophysical data and information as part of the decision to bid or to participate in the bid. The GDIS must be submitted, even if no enhanced geophysical data and information were used for bid preparation of the tract. In the event your company supplies any type of data to the MMS, in order to get reimbursed, your company must be registered with the Central Contractor Registration (CCR) provided via Web site at: http://www.ccr.gov. This is a requirement that was implemented on October 1, 2003, and requires all entities doing business with the Government to complete a business profile in CCR and update it annually. Payments are made electronically based on the information contained in CCR. Therefore, if your company is not actively registered in CCR, the MMS will not be able to reimburse or pay your company for any data supplied. Please also refer to the Final NOS 208 Package for more detail concerning submission of the GDIS, making the data available to the MMS following the lease sale, preferred format, reimbursement for costs, and confidentiality. Force Majeure: The Regional Director of the MMS Gulf of Mexico Region has the discretion to change any date, time, and/or location specified in the Final NOS 208 Package in case of a force majeure event which the Regional Director deems may interfere with the carrying out of a fair and proper lease sale process. Such events may include, but are not limited to, natural disasters (e.g., earthquakes, hurricanes, floods), wars, riots, acts of terrorism, fire, VerDate Nov<24>2008 21:01 Jan 13, 2009 Jkt 217001 strikes, civil disorder or other events of a similar nature. In case of such events, bidders should call (504) 736–0557 or access our Web site at: http:// www.gomr.mms.gov for information about any changes. Dated: January 6, 2009. Randall B. Luthi, Director, Minerals Management Service. [FR Doc. E9–695 Filed 1–13–09; 8:45 am] BILLING CODE 4310–MR–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–624] In the Matter of: Certain Systems for Detecting and Removing Viruses or Worms, Components Thereof, and Products Containing Same; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Cross-Licensing Agreement AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 26) of the presiding administrative law judge (‘‘ALJ’’) terminating the above-captioned investigation based on a cross-licensing agreement. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., telephone 202–708– 2310, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436. 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 the matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on December 31, 2007, based on a PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 complaint filed on November 21, 2007, by Trend Micro Incorporated (‘‘Trend Micro’’) of Cupertino, California. 72 FR 74329–30. The complaint alleges 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 systems for detecting and removing viruses or worms, components thereof, and products containing same by reason of infringement of claims 2 and 4–22 of U.S. Patent No. 5,623,600 (‘‘the ’600 patent’’). The complaint named three respondents: Barracuda Networks, Inc. of Campbell, CA (‘‘Barracuda’’); Panda Software International S.L. of Spain; and Panda Distribution, Inc. of Glendale, CA (collectively ‘‘Panda’’). The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. On March 14, 2008, the Commission issued notice of its determination not to review an ID granting Trend Micro’s and Panda’s joint motion to terminate the investigation as to Panda on the basis of a settlement agreement. On July 11, 2008, the Commission issued notice of its determination not to review an ID granting Trend Micro’s motion to terminate the investigation in part on the basis of withdrawal of claims 2, 5– 8, 12, 16–17, 20, and 22 of the ’600 patent. On September 29, 2008, the Commission issued notice of its determination not to review an ID granting Trend Micro’s motion to terminate the investigation in part on the basis of withdrawal of claims 14, and 18–19 of the ’600 patent. On October 16, 2008, Trend Micro and Barracuda filed a joint motion to terminate the investigation on the basis of a cross-licensing agreement. The ALJ issued the subject ID on December 10, 2008, granting the joint motion to terminate. No party petitioned for review of the ID pursuant to 19 CFR 210.43(a), and the Commission found no basis for ordering a review on its own initiative pursuant to 19 CFR 210.44. The Commission has determined not to review the ID, and to terminate the investigation in its entirety. 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 sections 210.21(a) and 210.42(h)(3) of the Commission’s Rules of Practice and Procedure (19 CFR 210.21(a), 210.42(h)(3)). By order of the Commission. E:\FR\FM\14JAN1.SGM 14JAN1 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices Issued: January 8, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–559 Filed 1–13–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–666] In the Matter of Certain Cold Cathode Fluorescent Lamp (‘‘CCFL’’) Inverter Circuits and Products Containing Same; 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 December 15, 2008, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of O2 Micro International Ltd. of the Cayman Islands and O2 Micro Inc. of Santa Clara, California. A letter supplementing the complaint was filed on December 24, 2008. 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 cold cathode fluorescent lamp (‘‘CCFL’’) inverter circuits and products containing same that infringe certain claims of U.S. Patent Nos. 7,417,382; 6,856,519; 6,809,938; and 7,120,035. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue exclusion orders and cease and desist orders. The complaint and supplement, except for any confidential information contained therein, are 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. sroberts on PROD1PC70 with NOTICES ADDRESSES: VerDate Nov<24>2008 21:01 Jan 13, 2009 Jkt 217001 General information concerning the Commission may also be obtained by accessing its Internet server at 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. 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 January 8, 2009, 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 cold cathode fluorescent lamp (‘‘CCFL’’) inverter circuits or products containing same that infringe one or more of claims 1, 2, 4, 6–9, 11, 13, and 14 of U.S. Patent No. 7,417,382; claim 7 of U.S. Patent No. 6,856,519; claims 1–3 and 6 of U.S. Patent No. 6,809,938; and claim 4 of U.S. Patent No. 7,120,035, 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 complainants are — O2 Micro International Ltd., Grand Pavilion Commercial Centre, West Bay Road, Grand Cayman KY1–1209, Cayman Islands. 02 Micro Inc., 3118 Patrick Henry Drive, Santa Clara, CA 95054. (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: Monolithic Power Systems Inc., 6409 Guadalupe Mines Road, San Jose, CA 95120. Microsemi Corporation, 2381 Morse Avenue, Irvine, CA 92614. ASUSTeK Computer Inc., No. 15, Li-Te Road Peitou, Taipei, Taiwan. ASUSTeK Computer International America, 800 Corporate Way, Fremont, CA 94539. PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 2099 LG Electronics, LG Twin Towers 20,Yoido-dong, Youngdungpo-gu Seoul, Korea 150–721. LG Electronics U.S.A., 1000 Sylvan AvenueEnglewood Cliffs, NJ 07632. LG Display Co., Ltd., West Tower, LG Twin Towers, 20,Yoido-dong, Youngdungpo-gu, Seoul, Korea 150– 721. LG Display America, Inc., 150 East Brokaw Road, San Jose, CA 95112. BenQ Corporation, 16 Jihu Road, Neihu, Taipei 114, Taiwan. BenQ America Corp., 15375 BarrancaSuite A205Irvine, CA 92618. (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 and desist order or both directed against the respondent. Issued: January 8, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–561 Filed 1–13–09; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\14JAN1.SGM 14JAN1

Agencies

[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Notices]
[Pages 2098-2099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-559]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-624]


In the Matter of: Certain Systems for Detecting and Removing 
Viruses or Worms, Components Thereof, and Products Containing Same; 
Notice of a Commission Determination Not To Review an Initial 
Determination Terminating the Investigation Based on a Cross-Licensing 
Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 26) of the presiding administrative law judge 
(``ALJ'') terminating the above-captioned investigation based on a 
cross-licensing agreement.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., telephone 202-
708-2310, Office of the General Counsel, U.S. International Trade 
Commission, 500 E Street, SW., Washington, DC 20436. 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 the matter can be obtained by contacting the Commission's TDD 
terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 31, 2007, based on a complaint filed on November 21, 2007, 
by Trend Micro Incorporated (``Trend Micro'') of Cupertino, California. 
72 FR 74329-30. The complaint alleges 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 systems for detecting and removing viruses 
or worms, components thereof, and products containing same by reason of 
infringement of claims 2 and 4-22 of U.S. Patent No. 5,623,600 (``the 
'600 patent''). The complaint named three respondents: Barracuda 
Networks, Inc. of Campbell, CA (``Barracuda''); Panda Software 
International S.L. of Spain; and Panda Distribution, Inc. of Glendale, 
CA (collectively ``Panda''). The complaint further alleged that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    On March 14, 2008, the Commission issued notice of its 
determination not to review an ID granting Trend Micro's and Panda's 
joint motion to terminate the investigation as to Panda on the basis of 
a settlement agreement. On July 11, 2008, the Commission issued notice 
of its determination not to review an ID granting Trend Micro's motion 
to terminate the investigation in part on the basis of withdrawal of 
claims 2, 5-8, 12, 16-17, 20, and 22 of the '600 patent. On September 
29, 2008, the Commission issued notice of its determination not to 
review an ID granting Trend Micro's motion to terminate the 
investigation in part on the basis of withdrawal of claims 14, and 18-
19 of the '600 patent.
    On October 16, 2008, Trend Micro and Barracuda filed a joint motion 
to terminate the investigation on the basis of a cross-licensing 
agreement.
    The ALJ issued the subject ID on December 10, 2008, granting the 
joint motion to terminate. No party petitioned for review of the ID 
pursuant to 19 CFR 210.43(a), and the Commission found no basis for 
ordering a review on its own initiative pursuant to 19 CFR 210.44. The 
Commission has determined not to review the ID, and to terminate the 
investigation in its entirety.
    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 sections 210.21(a) and 210.42(h)(3) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.21(a), 210.42(h)(3)).

    By order of the Commission.


[[Page 2099]]


    Issued: January 8, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-559 Filed 1-13-09; 8:45 am]
BILLING CODE 7020-02-P