Notice of Lodging Proposed Consent Decree, 16893 [E9-8314]

Download as PDF 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. VerDate Nov<24>2008 18:51 Apr 10, 2009 Jkt 217001 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 Frm 00064 Fmt 4703 Sfmt 4703 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. E:\FR\FM\13APN1.SGM 13APN1

Agencies

Department of Justice

[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: E9-8314]


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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.
    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

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