Government in the Sunshine Act Meeting Notice, 11750 [E9-6088]

Download as PDF sroberts on PROD1PC70 with NOTICES 11750 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices Federal Circuit decision in C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d 858, 864 (Fed. Cir. 2004)? (c) (i) Does the record evidence support the ALJ’s finding that Mullenborn discloses ‘‘what can arguably be described as a package,’’ ID at 78? (ii) Does the record evidence support the ALJ’s finding that Mullenborn does not meet the limitation ‘‘chamber being defined by the first member and the second member,’’ ID at 79? (d) Provided the ALJ’s finding that ‘‘[Baumhauer] does not disclose first or second level connections and it fails to disclose a package substrate,’’ ID at 132, cannot be used to support his conclusion that ‘‘Baumhauer fails to teach or suggest a package,’’ see id., is there record evidence to support the ALJ’s above conclusion that is consistent with (i) the ALJ’s finding (and the infringement analysis that lead to such a finding) that the accused MemsTech’s products are surface mountable packages and that they literally infringe claim 1 of the ’089 patent, see ID at 197–98, and (ii) the ALJ’s construction of claim 1 (and specifically, the preamble of claim 1), see ID at 27–29. In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue one or more cease and desist orders that could result in the respondent being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or are likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (Dec. 1994) (Commission Opinion). If the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) The public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or VerDate Nov<24>2008 18:55 Mar 18, 2009 Jkt 217001 directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation. If the Commission orders some form of remedy, the President has 60 days to approve or disapprove the Commission’s action. During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission and prescribed by the Secretary of the Treasury. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed. Written Submissions: The parties to the investigation are requested to file written submissions on the issues under review. The submissions should be concise and thoroughly referenced to the record in this investigation. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ on remedy and bonding. Complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is further requested to provide the expiration dates of the asserted patents at issue in this investigation and state the HTSUS number under which the accused articles are imported. The written submissions and proposed remedial orders must be filed no later than the close of business on March 27, 2009. Reply submissions must be filed no later than the close of business on April 3, 2009. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document (or portion thereof) to the Commission in confidence must request confidential treatment unless the information has already been granted such treatment during the proceedings. All such requests should be directed to the Secretary of the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See section 201.6 of the Commission’s Rules of Practice and PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 Procedure, 19 CFR 201.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. 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 210.42–.46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–.46). By order of the Commission. Issued: March 13, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–5934 Filed 3–19–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–09–008] Government in the Sunshine Act Meeting Notice United States International Trade Commission. AGENCY HOLDING THE MEETING: TIME AND DATE: March 24, 2009 at 11 a.m. PLACE: Room 101, 500 E Street, SW., Washington, DC 20436. Telephone: (202) 205–2000. STATUS: Open to the public. MATTERS TO BE CONSIDERED: 1. Agenda for future meetings: None. 2. Minutes. 3. Ratification list. 4. Inv. No. 731–TA–1021 (Review) (Malleable Cast Iron Pipe Fittings From China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before April 1, 2009.) 5. Outstanding action jackets: None. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Issued: March 17, 2009. By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. E9–6088 Filed 3–17–09; 11:15 am] BILLING CODE 7020–02–P E:\FR\FM\19MRN1.SGM 19MRN1

Agencies

[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Page 11750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6088]


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INTERNATIONAL TRADE COMMISSION

[USITC SE-09-008]


Government in the Sunshine Act Meeting Notice

Agency Holding the Meeting: United States International Trade 
Commission.

Time and Date: March 24, 2009 at 11 a.m.

Place: Room 101, 500 E Street, SW., Washington, DC 20436. Telephone: 
(202) 205-2000.

Status: Open to the public.

Matters To Be Considered:
    1. Agenda for future meetings: None.
    2. Minutes.
    3. Ratification list.
    4. Inv. No. 731-TA-1021 (Review) (Malleable Cast Iron Pipe Fittings 
From China)--briefing and vote. (The Commission is currently scheduled 
to transmit its determination and Commissioners' opinions to the 
Secretary of Commerce on or before April 1, 2009.)
    5. Outstanding action jackets: None.
    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

    Issued: March 17, 2009.

    By order of the Commission.
William R. Bishop,
Hearings and Meetings Coordinator.
 [FR Doc. E9-6088 Filed 3-17-09; 11:15 am]
BILLING CODE 7020-02-P