Rowe International Corporation, Belding, MI; Notice of Termination of Investigation, 16893 [E9-8272]
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Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices
to anticipation, invalidity due to
obviousness, and direct and
contributory infringement on February
9, 2009. 74 FR 7263 (Feb. 13, 2009). Per
its notice, the Commission also
determined to grant Complainants’
motion to strike, and set a schedule for
the filing of written submissions on the
issues under review, including certain
questions posed by the Commission,
and on remedy, the public interest, and
bonding. The parties have briefed, with
initial and reply submissions, the issues
under review and the issues of remedy,
the public interest, and bonding.
On review, the Commission has
determined to (1) affirm the ALJ’s
construction of ‘‘comb drive’’ (asserted
claims 8, 13, 31–33), ‘‘comb drive
means’’ (asserted claims 27, 41–42),
‘‘drive means’’ (asserted claims 24–25),
and ‘‘mode selector switch * * *
moveable between a manual operation
position * * * and an automatic
operation position’’ (asserted claim 33);
(2) modify the ALJ’s construction of
‘‘discharge position adjacent the
discharge end wall’’ (asserted claims 8,
13) to ‘‘not distant, nearby,’’ thereby
deleting the synonyms ‘‘adjoining,
continguous, abutting, and coterminus;’’
and (3) construe ‘‘coupled to’’ in the
limitation ‘‘comb * * * coupled to the
comb drive’’ (asserted claims 31–33) as
‘‘coupled or connected, directly or
indirectly;’’ (4) affirm the ALJ’s finding
of violation of § 337 as to Respondent
Lucky Litter; (5) affirm the ALJ’s finding
that the accused Lucky Litter products
infringe claim 33 of the ‘847 patent; (6)
affirm the ALJ’s finding of violation of
§ 337 as to Respondent OurPet’s; (7)
affirm the ALJ’s finding that the accused
OurPet’s products infringe claim 33 of
the ‘847 patent; (8) affirm the ALJ’s
finding that infringed claim 33 is not
invalid due to anticipation or
obviousness; and (9) affirm the ID on
any other findings under review except
insofar as they are inconsistent with the
opinion of the Commission.
The Commission determined that the
appropriate form of relief in this
investigation is (1) a limited exclusion
order prohibiting the unlicensed entry
of self-cleaning litter boxes and
components thereof, including
cartridges, covered by claim 33 of U.S.
Patent No. Re. 36,847 that are
manufactured abroad by or on behalf of,
or imported by or on behalf of, Lucky
Litter and OurPet’s; and (2) cease and
desist orders against Lucky Litter and
OurPet’s.
The Commission further determined
that the public interest factors
enumerated in section 337(d)(1) (19
U.S.C. 1337(d)(1)) do not preclude
issuance of the limited exclusion order.
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Finally, the Commission determined
that the bond under the limited
exclusion order during the Presidential
review period shall be in the amount of
100 percent of the entered value of the
imported articles. The Commission’s
orders were delivered to the President
and the United States Trade
Representative on the day of their
issuance.
The Commission has therefore
terminated this investigation. 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 sections
210.16(c) and 210.41–.42, 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.16(c) and
210.41–.42, 210.50).
Issued: April 8, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–8315 Filed 4–10–09; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging Proposed Consent
Decree
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a proposed Consent Decree in
United States of America v. The Port of
Astoria, Oregon, CV 09–197 KI, was
lodged with the United States District
Court for the District of Oregon on
March 20, 2009.
This proposed Consent Decree
concerns a complaint filed by the
United States against The Port of Astoria
pursuant to Section 301(a) of the Clean
Water Act, 33 U.S.C. 1311(a), to obtain
injunctive relief from and to impose
civil penalties against the Port of Astoria
for violating the Clean Water Act by
discharging pollutants in violation of a
permit into waters of the United States
near Astoria, Oregon. The proposed
Consent Decree resolves the allegations
by requiring the Port of Astoria to pay
a civil penalty and to hire and retain an
environmental compliance officer.
The Department of Justice will accept
written comments relating to this
proposed Consent Decree for thirty (30)
days from the date of publication of this
Notice. Please address comments to Neil
J. Evans, Assistant United States
Attorney, 1000 SW. Third Ave., Suite
600, Portland, Oregon, 97204–2902, and
refer to United States of America v. The
Port of Astoria, Oregon (D. Ore.), CV 09–
198 KI.
PO 00000
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16893
The proposed Consent Decree may be
examined at the Clerk’s Office, United
States District Court for the District of
Oregon, Mark O. Hatfield U.S.
Courthouse, 1000 SW. Third Avenue,
Portland, OR 97204–2902. In addition,
the proposed Consent Decree may be
viewed at https://www.usdoj.gov/enrd/
Consent_Decrees.html.
Russell Young,
Assistant Chief, Environmental Defense
Section, Environment & Natural Resources
Division.
[FR Doc. E9–8314 Filed 4–10–09; 8:45 am]
BILLING CODE
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–65,644]
Rowe International Corporation,
Belding, MI; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on March 20,
2009 in response to a petition filed by
a company official on behalf of the
workers at Rowe International
Corporation, Belding, Michigan.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC, this 24th day of
March 2009.
Richard Church,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–8272 Filed 4–10–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–65,197]
Republic Doors and Frames, Inc.,
McKenzie, TN; Notice of Termination of
Investigation
In accordance with Section 221 of the
Trade Act of 1974, as amended, an
investigation was initiated on February
10, 2009 in response to a petition filed
by a Tennessee State AFL–CIO
representative on behalf of workers of
Republic Doors and Frames, Inc.,
McKenzie, Tennessee.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
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[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Notices]
[Page 16893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8272]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-65,644]
Rowe International Corporation, Belding, MI; Notice of
Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as amended, an
investigation was initiated on March 20, 2009 in response to a petition
filed by a company official on behalf of the workers at Rowe
International Corporation, Belding, Michigan.
The petitioner has requested that the petition be withdrawn.
Consequently, the investigation has been terminated.
Signed at Washington, DC, this 24th day of March 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-8272 Filed 4-10-09; 8:45 am]
BILLING CODE 4510-FN-P
