In the Matter of Certain Computer Products, Computer Components and Products Containing Same; Notice of Commission Decision Not To Review the ALJ's Final Initial Determination Finding No Violation of Section 337; Termination of Investigation, 34785-34786 [E9-16997]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices investigations available to authorized applicants under the APO issued in the investigations, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigations. A party granted access to BPI in the preliminary phase of the investigations need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Staff report.—The prehearing staff report in the final phase of these investigations will be placed in the nonpublic record on September 2, 2009, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission’s rules. Hearing.—The Commission will hold a hearing in connection with the final phase of these investigations beginning at 9:30 a.m. on September 17, 2009, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before September 9, 2009. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should attend a prehearing conference to be held at 9:30 a.m. on September 11, 2009, at the U.S. International Trade Commission Building. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission’s rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing. Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission’s rules; the deadline for filing is September 10, 2009. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission’s rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission’s rules. The deadline for filing posthearing briefs is September 24, 2009; witness testimony must be filed no later than three days before the hearing. In addition, any person who has not entered an VerDate Nov<24>2008 19:20 Jul 16, 2009 Jkt 217001 appearance as a party to the investigation may submit a written statement of information pertinent to the subject of the investigation, including statements of support or opposition to the petition, on or before September 24, 2009. On October 9, 2009, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before October 14, 2009, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission’s rules. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s rules do not authorize filing of submissions with the Secretary by facsimile or electronic means, except to the extent permitted by section 201.8 of the Commission’s rules, as amended, 67 FR 68036 (November 8, 2002). Even where electronic filing of a document is permitted, certain documents must also be filed in paper form, as specified in II (C) of the Commission’s Handbook on Electronic Filing Procedures, 67 FR 68168, 68173 (November 8, 2002). Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission’s rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff. In accordance with sections 201.16(c) and 207.3 of the Commission’s rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission’s rules. Issued: July 13, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–16995 Filed 7–16–09; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 34785 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–628] In the Matter of Certain Computer Products, Computer Components and Products Containing Same; Notice of Commission Decision Not To Review the ALJ’s Final Initial Determination Finding No Violation of Section 337; 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 not to review the presiding administrative law judge’s (‘‘ALJ’’) final initial determination (‘‘ID’’) issued on March 16, 2009, finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337 in this investigation. FOR FURTHER INFORMATION CONTACT: Panyin Hughes, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3042. 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 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 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 a complaint filed by International Business Machines Corporation of Armonk, New York (‘‘IBM’’). 73 FR 2275 (Jan. 14, 2008). The complaint alleged violations 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 computer products, computer components and products containing same by reason of infringement of certain claims of United States Patent Nos. 5,008,829 (‘‘the ’829 patent’’); 5,249,741 (‘‘the ’741 patent’’); and 5,371,852 (‘‘the ’852 patent’’). The E:\FR\FM\17JYN1.SGM 17JYN1 mstockstill on DSKH9S0YB1PROD with NOTICES 34786 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices complaint named as respondent ASUSTek Computer, Inc. of Taipei, Taiwan and ASUS Computer International of Fremont, California. On January 21, 2008, IBM amended the complaint and notice of investigation to add Respondents Pegatron Technology Corporation of Taipei, Taiwan and Unihan Technology Corporation, of Taipei, Taiwan, wholly owned subsidiaries of ASUSTek. The respondents are referred to collectively as ‘‘ASUS.’’ On August 4, 2008, the ALJ issued an ID that extended the target date for completion of the investigation to July 14, 2009. The Commission determined not to review the ID. On March 16, 2009, the ALJ issued his final ID finding no violation of section 337 by ASUS. The ID included the ALJ’s recommended determination on remedy and bonding. In the subject ID, the ALJ found that ASUS’s products do not infringe asserted claims 1 and 2 of the ’829 patent. The ALJ also found that none of the cited references anticipated claims 1 and 2 of the ’829 patent or rendered them obvious. Likewise, the ALJ found that ASUS’s products do not infringe asserted claim 1 of the ’741 patent. The ALJ further found that none of the cited references anticipated claim 1 or rendered claim 1 of the ’741 patent obvious. The ALJ also found that the ’741 patent satisfied the written description and enablement requirements of 35 U.S.C. 112, first paragraph, for claim 1. Similarly, the ALJ found that ASUS’s accused products do not infringe asserted claims 1, 8, 13, 14, 22 and 23 of the ’852 patent. The ALJ also found that none of the cited references anticipates the asserted claims of the ’852 patent. The ALJ further found that IBM met the domestic industry requirement because a sufficient nexus existed between IBM’s licensing activities and each of the asserted patents. On March 30, 2009, IBM filed a petition, seeking review of the ALJ’s ID with regard to infringement of all the patents-in-issue. That same day, ASUS filed a contingent petition, seeking review of the ALJ’s findings that the ’829 and ’741 patents are not invalid. On April 7, 2009, ASUS filed an opposition to IBM’s petition for review, and IBM filed a response to ASUS’s contingent petition for review. Also on April 7, 2009, the Commission investigative attorney filed a response to both IBM’s petition and ASUS’s contingent petition. Having examined the record of this investigation, including the ALJ’s final ID, the petitions for review, and the VerDate Nov<24>2008 19:20 Jul 16, 2009 Jkt 217001 responses thereto, the Commission has determined not to review the subject ID. 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 section 210.42(h) of the Commission’s Rules of Practice and Procedure (19 CFR 210.42(h)). By order of the Commission. Issued: July 13, 2009. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–16997 Filed 7–16–09; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1122–NEW] Office on Violence Against Women; Agency Information Collection Activities: New Collection ACTION: 60-Day Notice of Information Collection Under Review: Semi-Annual Progress Report for the Grants to Enhance Culturally and Linguistically Specific Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking. The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. Comments are encouraged and will be accepted for ‘‘sixty days’’ until September 15, 2009. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to The Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to (202) 395–5806. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: New collection. (2) Title of the Form/Collection: SemiAnnual Progress Report for Grantees from Grants to Enhance Culturally and Linguistically Specific Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program (Culturally and Linguistically Specific Services Program). (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122- XXXX. U.S. Department of Justice, Office on Violence Against Women. (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the approximately 50 grantees of the Culturally and Linguistically Specific Services Program. The program funds projects that promote the maintenance and replication of existing successful domestic violence, dating violence, sexual assault, and stalking communitybased programs providing culturally and linguistically specific services and other resources. The program also supports the development of innovative culturally and linguistically specific strategies and projects to enhance access to services and resources for victims of violence against women. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 50 respondents (Culturally and Linguistically Specific Services Program grantees) approximately one hour to complete a semi-annual progress report. The semiannual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A Culturally and Linguistically Specific Services Program grantee will only be required to E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Notices]
[Pages 34785-34786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16997]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-628]


 In the Matter of Certain Computer Products, Computer Components 
and Products Containing Same; Notice of Commission Decision Not To 
Review the ALJ's Final Initial Determination Finding No Violation of 
Section 337; 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 not to review the presiding administrative 
law judge's (``ALJ'') final initial determination (``ID'') issued on 
March 16, 2009, finding no violation of section 337 of the Tariff Act 
of 1930, 19 U.S.C. 1337 in this investigation.

FOR FURTHER INFORMATION CONTACT: Panyin Hughes, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3042. 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 
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 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 a complaint filed by International 
Business Machines Corporation of Armonk, New York (``IBM''). 73 FR 2275 
(Jan. 14, 2008). The complaint alleged violations 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 computer 
products, computer components and products containing same by reason of 
infringement of certain claims of United States Patent Nos. 5,008,829 
(``the '829 patent''); 5,249,741 (``the '741 patent''); and 5,371,852 
(``the '852 patent''). The

[[Page 34786]]

complaint named as respondent ASUSTek Computer, Inc. of Taipei, Taiwan 
and ASUS Computer International of Fremont, California. On January 21, 
2008, IBM amended the complaint and notice of investigation to add 
Respondents Pegatron Technology Corporation of Taipei, Taiwan and 
Unihan Technology Corporation, of Taipei, Taiwan, wholly owned 
subsidiaries of ASUSTek. The respondents are referred to collectively 
as ``ASUS.''
    On August 4, 2008, the ALJ issued an ID that extended the target 
date for completion of the investigation to July 14, 2009. The 
Commission determined not to review the ID.
    On March 16, 2009, the ALJ issued his final ID finding no violation 
of section 337 by ASUS. The ID included the ALJ's recommended 
determination on remedy and bonding. In the subject ID, the ALJ found 
that ASUS's products do not infringe asserted claims 1 and 2 of the 
'829 patent. The ALJ also found that none of the cited references 
anticipated claims 1 and 2 of the '829 patent or rendered them obvious. 
Likewise, the ALJ found that ASUS's products do not infringe asserted 
claim 1 of the '741 patent. The ALJ further found that none of the 
cited references anticipated claim 1 or rendered claim 1 of the '741 
patent obvious. The ALJ also found that the '741 patent satisfied the 
written description and enablement requirements of 35 U.S.C. 112, first 
paragraph, for claim 1. Similarly, the ALJ found that ASUS's accused 
products do not infringe asserted claims 1, 8, 13, 14, 22 and 23 of the 
'852 patent. The ALJ also found that none of the cited references 
anticipates the asserted claims of the '852 patent. The ALJ further 
found that IBM met the domestic industry requirement because a 
sufficient nexus existed between IBM's licensing activities and each of 
the asserted patents.
    On March 30, 2009, IBM filed a petition, seeking review of the 
ALJ's ID with regard to infringement of all the patents-in-issue. That 
same day, ASUS filed a contingent petition, seeking review of the ALJ's 
findings that the '829 and '741 patents are not invalid. On April 7, 
2009, ASUS filed an opposition to IBM's petition for review, and IBM 
filed a response to ASUS's contingent petition for review. Also on 
April 7, 2009, the Commission investigative attorney filed a response 
to both IBM's petition and ASUS's contingent petition.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined not to review the subject ID.
    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 section 210.42(h) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42(h)).

    By order of the Commission.

    Issued: July 13, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-16997 Filed 7-16-09; 8:45 am]
BILLING CODE 7020-02-P