In the Matter of Certain Silicon Microphone Packages and Products Containing the Same; Notice of Commission Final Determination of Violation of Section 337; Issuance of a Limited Exclusion Order; Termination of Investigation, 28724-28725 [E9-14204]
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Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices
revision of the Puerto Rican Parrot
recovery plan available for public
comment from June 17, 2008 through
August 18, 2008 (73 FR 34313). We
considered information we received
during the public comment period and
information from peer reviewers in our
preparation of this final revised
recovery plan. We will forward
substantive comments to other Federal
agencies so each agency can consider
these comments in implementing
approved recovery plans.
The objective of this revised plan is to
provide a framework for the recovery of
the Puerto Rican parrot, so that
protection under the Act is no longer
necessary. The plan presents criteria for
reclassifying and delisting the parrot. As
these criteria are met, the status of the
species will be reviewed and it will be
considered for reclassification or
removal from the Federal List of
Endangered and Threatened Wildlife
and Plants.
Authority: The authority for this action is
section 4(f) of the Endangered Species Act,
16 U.S.C. 1533 (f).
Dated: April 14, 2009.
Jacquelyn B. Parrish,
Acting Regional Director.
[FR Doc. E9–14217 Filed 6–16–09; 8:45 am]
BILLING CODE 4310–55–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–629]
In the Matter of Certain Silicon
Microphone Packages and Products
Containing the Same; Notice of
Commission Final Determination of
Violation of Section 337; Issuance of a
Limited Exclusion Order; Termination
of Investigation
dwashington3 on PROD1PC60 with NOTICES
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined that there
is a violation of section 337 of the Tariff
Act of 1930, as amended (19 U.S.C.
1337) by respondent MEMS Technology
Berhad of Malaysia (‘‘MemsTech’’) in
the above-captioned investigation. The
Commission has issued a limited
exclusion order against the respondent
and has terminated the investigation.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3116. Copies of non-confidential
VerDate Nov<24>2008
15:33 Jun 16, 2009
Jkt 217001
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 at https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
The
Commission instituted this investigation
on January 14, 2008, based on the
complaint of Knowles Electronics, LLC
of Itasca, Illinois (‘‘Knowles’’). 73 FR
2277 (Jan. 14, 2008). 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 silicon
microphone packages or products
containing same by reason of
infringement of one or more of claims 1
and 2 of U.S. Patent No. 6,781,231 (‘‘the
‘231 patent’’), and claims 1, 2, 9, 10, 15,
17, 20, 28, and 29 of U.S. Patent No.
7,242,089 (‘‘the ‘089 patent’’). The only
named respondent is MemsTech.
The evidentiary hearing in this
investigation was held on September
22–25, 2008. On January 12, 2009, the
presiding administrative law judge
(‘‘ALJ’’) issued an Initial Determination
on Violation of Section 337 and
Recommended Determination on
Remedy and Bond, finding a violation of
section 337. All parties to this
investigation, including the Commission
investigative attorney, filed timely
petitions for review of various portions
of the final ID, as well as timely
responses to the petitions.
The Commission determined to
review various portions of the final ID
and issued a Notice to that effect dated
March 13, 2009. 74 FR 11748 (Mar. 19,
2009). In the Notice, the Commission
also 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.
SUPPLEMENTARY INFORMATION:
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Fmt 4703
Sfmt 4703
On review, the Commission has
determined as follows.
(1) With respect to the ‘231 patent:
(a) To affirm with modifications the
ALJ’s finding that MemsTech’s accused
products infringe claims 1 and 2 of the
‘231 patent;
(b) to affirm with modifications the
ALJ’s determination that claims 1 and 2
of the ‘231 patent are not invalid due to
anticipation or obviousness;
(2) With respect to the ‘089 patent:
(a) to affirm the ALJ’s construction of
the term ‘‘electrically coupled’’;
(b) to affirm with modifications the
ALJ’s construction of the term
‘‘volume;’’
(c) to affirm with modifications the
ALJ’s finding that MemsTech accused
products infringe the asserted claims of
the ‘089 patent;
(d) to affirm the ALJ’s determination
that Knowles SiSonic products practice
claim 1 of the ‘089 patent;
(e) to affirm with modifications the
ALJ’s determination that the asserted
claims of the ‘089 patent are not invalid
due to anticipation or obviousness;
(f) to affirm the ALJ’s determination
that evidence shows that the
commercial success of the SiSonic
products is attributable to the ‘089
patent.
(3) to affirm the ALJ 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 a limited exclusion
order prohibiting the unlicensed entry
of silicon microphone packages and
products containing same that infringe
claims 1 and 2 of U.S. Patent No.
6,781,231 and claims 1, 2, 9, 10, 15, 17,
20, 28, and 29 of U.S. Patent No.
7,242,089, and that are manufactured
abroad by or on behalf of, or imported
by or on behalf of, MemsTech.
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.
Finally, the Commission determined
that there should be no bond during the
period of Presidential review. The
Commission’s order was delivered to
the President and the United States
Trade Representative on the day of its
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
210.41-.42, 210.50 of the Commission’s
E:\FR\FM\17JNN1.SGM
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Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices
Rules of Practice and Procedure (19 CFR
210.41-.42, 210.50).
By order of the Commission.
Issued: June 12, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–14204 Filed 6–16–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–678]
In the Matter of Certain Energy Drink
Products; Notice of Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
dwashington3 on PROD1PC60 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on May
15, 2009, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of Red Bull GmbH of
Austria and Red Bull North America,
Inc. of Santa Monica, California. The
complainants filed a letter
supplementing the complaint on June 1,
2009. 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 energy drink products that
infringe U.S. Trademark Registration
Nos. 3,092,197; 2,946,045; 2,994,429;
and 3,479,607 and U.S. Copyright
Registration No. VA0001410959. 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 a
general exclusion order and cease and
desist orders.
ADDRESSES: 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
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15:33 Jun 16, 2009
Jkt 217001
28725
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server at https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Juan
Cockburn, Esq., Office of Unfair Import
Investigations, U.S. International Trade
Commission, telephone (202) 205–2572.
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
(2009).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
June 11, 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:
(a) 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 energy drink products by reason
of infringement of U.S. Copyright
Registration No. VA0001410959, and
whether an industry in the United
States exists as required by subsection
(a)(2) of section 337; and
(b) whether there is a violation of
subsection (a)(1)(C) 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 energy drink products by reason
of infringement of U.S. Trademark
Registration Nos. 3,092,197; 2,946,045;
2,994,429; or 3,479,607, and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337; and
(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—
Red Bull GmbH, Am Brunnen 1, Fuschl
am See, 5330 Austria;
Red Bull North America, Inc., 1740
Stewart Street, Santa Monica, CA
90404.
Lamont Dist., Inc., a/k/a Lamont
Distributors Inc. 5 Lamont Court Suite
3Am, Brooklyn, NY 11225;
India Imports, Inc., a/k/a International
Wholesale Club, 2901 Richland
Avenue, Metairie, LA 70002;
Washington Food and Supply of D.C.,
Inc., a/k/a Washington Cash & Carry,
1270 4th Street NE., Washington, DC
20002;
Vending Plus, Inc., 2409 Peppermill
Drive, Unit J, Glen Burnie, MD 21061;
Baltimore Beverage Co., 2409
Peppermill Drive., Unit J, Glen
Burnie, MD 21061.
(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:
Chicago Import Inc., 3801–11 West
Laurence Avenue, Chicago, IL 60625;
By order of the Commission.
Issued: June 12, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–14205 Filed 6–16–09; 8:45 am]
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Fmt 4703
Sfmt 4703
(c) The Commission investigative
attorney, party to this investigation, is
Juan Cockburn, 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.
BILLING CODE 7020–02–P
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]]>Agencies
[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Pages 28724-28725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14204]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-629]
In the Matter of Certain Silicon Microphone Packages and Products
Containing the Same; Notice of Commission Final Determination of
Violation of Section 337; Issuance of a Limited Exclusion Order;
Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined that there is a violation of section 337 of
the Tariff Act of 1930, as amended (19 U.S.C. 1337) by respondent MEMS
Technology Berhad of Malaysia (``MemsTech'') in the above-captioned
investigation. The Commission has issued a limited exclusion order
against the respondent and has terminated the investigation.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3116. Copies of non-
confidential 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 at
https://www.usitc.gov. The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on January 14, 2008, based on the complaint of Knowles Electronics, LLC
of Itasca, Illinois (``Knowles''). 73 FR 2277 (Jan. 14, 2008). 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 silicon microphone packages or products
containing same by reason of infringement of one or more of claims 1
and 2 of U.S. Patent No. 6,781,231 (``the `231 patent''), and claims 1,
2, 9, 10, 15, 17, 20, 28, and 29 of U.S. Patent No. 7,242,089 (``the
`089 patent''). The only named respondent is MemsTech.
The evidentiary hearing in this investigation was held on September
22-25, 2008. On January 12, 2009, the presiding administrative law
judge (``ALJ'') issued an Initial Determination on Violation of Section
337 and Recommended Determination on Remedy and Bond, finding a
violation of section 337. All parties to this investigation, including
the Commission investigative attorney, filed timely petitions for
review of various portions of the final ID, as well as timely responses
to the petitions.
The Commission determined to review various portions of the final
ID and issued a Notice to that effect dated March 13, 2009. 74 FR 11748
(Mar. 19, 2009). In the Notice, the Commission also 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 as follows.
(1) With respect to the `231 patent:
(a) To affirm with modifications the ALJ's finding that MemsTech's
accused products infringe claims 1 and 2 of the `231 patent;
(b) to affirm with modifications the ALJ's determination that
claims 1 and 2 of the `231 patent are not invalid due to anticipation
or obviousness;
(2) With respect to the `089 patent:
(a) to affirm the ALJ's construction of the term ``electrically
coupled'';
(b) to affirm with modifications the ALJ's construction of the term
``volume;''
(c) to affirm with modifications the ALJ's finding that MemsTech
accused products infringe the asserted claims of the `089 patent;
(d) to affirm the ALJ's determination that Knowles SiSonic products
practice claim 1 of the `089 patent;
(e) to affirm with modifications the ALJ's determination that the
asserted claims of the `089 patent are not invalid due to anticipation
or obviousness;
(f) to affirm the ALJ's determination that evidence shows that the
commercial success of the SiSonic products is attributable to the `089
patent.
(3) to affirm the ALJ 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 a limited exclusion order prohibiting the
unlicensed entry of silicon microphone packages and products containing
same that infringe claims 1 and 2 of U.S. Patent No. 6,781,231 and
claims 1, 2, 9, 10, 15, 17, 20, 28, and 29 of U.S. Patent No.
7,242,089, and that are manufactured abroad by or on behalf of, or
imported by or on behalf of, MemsTech.
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. Finally, the Commission
determined that there should be no bond during the period of
Presidential review. The Commission's order was delivered to the
President and the United States Trade Representative on the day of its
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 210.41-.42, 210.50 of the Commission's
[[Page 28725]]
Rules of Practice and Procedure (19 CFR 210.41-.42, 210.50).
By order of the Commission.
Issued: June 12, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-14204 Filed 6-16-09; 8:45 am]
BILLING CODE 7020-02-P
