In the Matter of: Certain 3G Mobile Handsets and Components Thereof; Notice of Commission Determination To Review in Part A Final Determination Finding No Violation of Section 337 and on Review To Affirm the Administrative Law Judge's Determination of No Violation; Termination of Investigation, 55068-55069 [E9-25676]

Download as PDF 55068 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices version, and that the confidential business information be clearly identified by means of brackets. All written submissions, except for confidential business information, will be made available in the Office of the Secretary to the Commission for inspection by interested parties. The Commission may include some or all of the confidential business information submitted in the course of the investigation in the report it sends to the USTR. As requested by the USTR, the Commission will publish a public version of the report, which will exclude portions of the report that the USTR has classified as well as any business confidential information. Issued: October 21, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–25669 Filed 10–23–09; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–613] In the Matter of: Certain 3G Mobile Handsets and Components Thereof; Notice of Commission Determination To Review in Part A Final Determination Finding No Violation of Section 337 and on Review To Affirm the Administrative Law Judge’s Determination of No Violation; Termination of Investigation mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge’s (‘‘ALJ’’) final initial determination (‘‘ID’’) issued on August 31, 2009, finding no violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the above-captioned investigation. Specifically, the Commission has determined to review portions of the ALJ’s claim construction and invalidity analysis, but to affirm the ALJ’s determination of no violation, and has terminated the investigation. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2301. Copies of non-confidential documents filed in connection with this investigation are or will be available for VerDate Nov<24>2008 15:19 Oct 23, 2009 Jkt 220001 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 Inv. No. 337– TA–613 on September 11, 2007, based on a complaint filed by InterDigital Communications Corp. of King of Prussia, Pennsylvania and InterDigital Technology Corp. of Wilmington, Delaware (collectively, ‘‘InterDigital’’) on August 7, 2007. The complaint, as amended, alleged 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 3G mobile handsets and components by reason of infringement of certain claims of U.S. Patent Nos. 7,117,004 (‘‘the ‘004 patent’’); 7,190,966 (‘‘the ‘966 patent’’); and 7,286,847 (‘‘the ‘847 patent’’) (‘‘the Power Ramp-Up Patents’’); and 6,693,579 (‘‘the ‘579 patent’’). The notice of investigation named Nokia Corporation of Finland and Nokia Inc. of Irving, Texas (collectively, ‘‘Nokia’’) as respondents. On August 14, 2009, the ALJ issued his final ID, finding no violation of Section 337. In particular, he found that the asserted claims of the patents-in-suit are not infringed and that they are not invalid. The ALJ further found that a domestic industry exists with respect to the patents-in-suit. Additionally, the ALJ found that there is no prosecution laches relating to the ‘004, ‘966, and ‘847 patents and that the ‘579 patent is enforceable. The ALJ further found that there is no waiver and patent misuse with respect to the patents-in-suit. The ALJ also issued a Recommended Determination on remedy and bonding, recommending that, in the event a violation of Section 337 is found, the appropriate remedy is a limited exclusion order barring entry of infringing 3G mobile handsets and components thereof and that it would also be appropriate to issue various cease and desist orders. The ALJ also recommended that there is no evidence PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 to support the issuance of a bond during the period of Presidential review. On August 31, 2009, InterDigital filed a petition for review, challenging certain aspects of the final ID, and Nokia filed a contingent petition for review, challenging other aspects of the final ID. On September 8, 2009, Nokia filed a response to InterDigital’s petition for review, and InterDigital filed a response to Nokia’s contingent petition for review. The Commission investigative attorney filed a joint response to both InterDigital’s and Nokia’s petitions on September 8, 2009. 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 to review the subject ID in part. Specifically, the Commission has determined to review the ALJ’s claim construction of the terms ‘‘synchronize,’’ found in claims 5, 6, 9, and 11 of the ‘847 patent, and ‘‘access signal,’’ found in claim 59 of the ‘004 patent and claims 6, 9, and 11 of the ‘847 patent. The Commission has also determined to review the ALJ’s validity determinations with respect to the four asserted patents. On review, we affirm the ALJ’s determination of no violation, but take no position with regard to the term ‘‘synchronize’’ and validity. In addition, the Commission modifies the ALJ’s construction of ‘‘access signal’’ to clarify that his construction does not read out the situation where the ‘‘access signal’’ may continue to be transmitted after the power ramp-up procedure ends. The ID limits the transmission of the ‘‘access signal’’ to the power rampup procedure, finding the transmission does not continue during the remainder of the call setup process. The Commission agrees that the ‘‘access signal’’ is transmitted during the power ramp-up procedure and that the ‘‘access signal’’ is a separate transmission from any other call set up messages that a subscriber unit pursuant to the Power Ramp-Up Patents transmits to a base station during a communication event. The Commission finds, however, that the ‘004 and ‘847 patents do not require that the transmission of the ‘‘access signal’’ ends when the power ramp-up procedure ends. The Commission has determined not to review the remaining issues decided in the 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 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42). E:\FR\FM\26OCN1.SGM 26OCN1 Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices Issued: October 16, 2009. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E9–25676 Filed 10–23–09; 8:45 am] BILLING CODE 7020–02–P TDY–TDD (202) 682–5496, at least seven (7) days prior to the meeting. Dated: October 21, 2009. Kathy Plowitz-Worden, Panel Coordinator, Office of Guidelines and Panel Operations. [FR Doc. E9–25641 Filed 10–23–09; 8:45 am] BILLING CODE P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES mstockstill on DSKH9S0YB1PROD with NOTICES National Endowment for the Arts; President’s Committee on the Arts and the Humanities: Meeting #65 Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), as amended, notice is hereby given that a meeting of the President’s Committee on the Arts and the Humanities (PCAH) will be held on November 4, 2009, from 9 to 11:30 a.m. The meeting will be held in the Pierce Room, The Willard Intercontinental, 1401 Pennsylvania Avenue, NW., Washington, DC 20004. The Committee meeting will begin with welcome, introductions, and announcements. Updates and discussion on recent programs and activities will follow. The meeting will also include a review of PCAH ongoing programming for youth arts and humanities learning, preservation and conservation, special events, and international cultural projects. The meeting will adjourn after discussion of other business, as necessary, and closing remarks. The President’s Committee on the Arts and the Humanities was created by Executive Order in 1982, which currently states that the ‘‘Committee shall advise, provide recommendations to, and assist the President, the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute of Museum and Library Services on matters relating to the arts and the humanities.’’ Any interested persons may attend as observers, on a space available basis, but seating is limited. Therefore, for this meeting, individuals wishing to attend are advised to contact Jennifer Schmidt of the President’s Committee seven (7) days in advance of the meeting at (202) 682–5560 or write to the Committee at 1100 Pennsylvania Avenue, NW., Suite 526, Washington, DC 20506. Further information with reference to this meeting can also be obtained from Ms. Schmidt. If you need special accommodations due to a disability, please contact the Office of AccessAbility, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Suite 724, Washington, DC 20506, (202) 682–5532, VerDate Nov<24>2008 15:19 Oct 23, 2009 Jkt 220001 NATIONAL SCIENCE FOUNDATION Business and Operations Advisory Committee; Notice of Meeting In accordance with Federal Advisory Committee Act (Pub. L. 92–463, as amended), the National Science Foundation announces the following meeting: Name: Business and Operations Advisory Committee (9556). Date/Time: November 18, 2009; 1 p.m. to 5:45 p.m. (EST). November 19, 2009; 8 a.m. to 12 p.m. (EST). Place: National Science Foundation, 4201 Wilson Boulevard, Stafford I, Room 375. Type of Meeting: Open. Contact Person: Patty Balanga, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230 (703) 292–8100. Purpose of Meeting: To provide advice concerning issues related to the oversight, integrity, development and enhancement of NSF’s business operations. Agenda: November 18, 2009 Welcome/Introductions; OIRM/CIO/BFA Updates; FastLane/Grants.gov/System-to-System Capabilities; The American Recovery and Reinvestment Act-Reporting/Update; NSF Workforce Management; iTrak-Financial System Modernization. November 19, 2009 NSF Strategic Plan Revision-2010–2015; Future NSF–2013 Lease Expiration; Committee discussion and prepare for Meeting with NSF Deputy Director; Discussion with Deputy Director; Closing Committee Discussion/Wrap-Up. Dated: October 20, 2009. Susanne Bolton, Committee Management Officer. [FR Doc. E9–25575 Filed 10–23–09; 8:45 am] BILLING CODE 7555–01–P NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 (Pub. L. 95–541) National Science Foundation. Notice of Permit Applications Received under the Antarctic AGENCY: ACTION: PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 55069 Conservation Act of 1978, Public Law 95–541. SUMMARY: The National Science Foundation (NSF) is required to publish notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received. DATES: Interested parties are invited to submit written data, comments, or views with respect to this permit application by November 25, 2009. This application may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Room 755, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, Virginia 22230. FOR FURTHER INFORMATION CONTACT: Nadene G. Kennedy at the above address or (703) 292–7405. SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95–541), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas a requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas. The applications received are as follows: Permit Application No. 2010–019 1. Applicant: Louis L. Jacobs, Earth Sciences, Southern Methodist University, Dallas, TX 75275. Activity for Which Permit Is Requested Take. The applicant plans collect primarily the skulls and humerus or femur, with soft tissue, from seal mummies of all species on an opportunistic basis. The specimens collected would be radiocarbon dated and sampled for organochlorines in residual lipids in the long bones. The remainder of the samples will be housed in the Southern Methodist Univeristy’s Shuler Museum of Paleontology. The samples will provide time context for ecological interpretation of stable isotopes and the history of pollution in this portion of Antarctica. E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Pages 55068-55069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25676]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-613]


In the Matter of: Certain 3G Mobile Handsets and Components 
Thereof; Notice of Commission Determination To Review in Part A Final 
Determination Finding No Violation of Section 337 and on Review To 
Affirm the Administrative Law Judge's Determination of No Violation; 
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 to review in part the presiding 
administrative law judge's (``ALJ'') final initial determination 
(``ID'') issued on August 31, 2009, finding no violation of Section 337 
of the Tariff Act of 1930 (19 U.S.C. 1337) in the above-captioned 
investigation. Specifically, the Commission has determined to review 
portions of the ALJ's claim construction and invalidity analysis, but 
to affirm the ALJ's determination of no violation, and has terminated 
the investigation.

FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2301. 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 Inv. No. 337-TA-
613 on September 11, 2007, based on a complaint filed by InterDigital 
Communications Corp. of King of Prussia, Pennsylvania and InterDigital 
Technology Corp. of Wilmington, Delaware (collectively, 
``InterDigital'') on August 7, 2007. The complaint, as amended, alleged 
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 3G 
mobile handsets and components by reason of infringement of certain 
claims of U.S. Patent Nos. 7,117,004 (``the `004 patent''); 7,190,966 
(``the `966 patent''); and 7,286,847 (``the `847 patent'') (``the Power 
Ramp-Up Patents''); and 6,693,579 (``the `579 patent''). The notice of 
investigation named Nokia Corporation of Finland and Nokia Inc. of 
Irving, Texas (collectively, ``Nokia'') as respondents.
    On August 14, 2009, the ALJ issued his final ID, finding no 
violation of Section 337. In particular, he found that the asserted 
claims of the patents-in-suit are not infringed and that they are not 
invalid. The ALJ further found that a domestic industry exists with 
respect to the patents-in-suit. Additionally, the ALJ found that there 
is no prosecution laches relating to the `004, `966, and `847 patents 
and that the `579 patent is enforceable. The ALJ further found that 
there is no waiver and patent misuse with respect to the patents-in-
suit. The ALJ also issued a Recommended Determination on remedy and 
bonding, recommending that, in the event a violation of Section 337 is 
found, the appropriate remedy is a limited exclusion order barring 
entry of infringing 3G mobile handsets and components thereof and that 
it would also be appropriate to issue various cease and desist orders. 
The ALJ also recommended that there is no evidence to support the 
issuance of a bond during the period of Presidential review.
    On August 31, 2009, InterDigital filed a petition for review, 
challenging certain aspects of the final ID, and Nokia filed a 
contingent petition for review, challenging other aspects of the final 
ID. On September 8, 2009, Nokia filed a response to InterDigital's 
petition for review, and InterDigital filed a response to Nokia's 
contingent petition for review. The Commission investigative attorney 
filed a joint response to both InterDigital's and Nokia's petitions on 
September 8, 2009.
    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 to review the subject ID in part. 
Specifically, the Commission has determined to review the ALJ's claim 
construction of the terms ``synchronize,'' found in claims 5, 6, 9, and 
11 of the `847 patent, and ``access signal,'' found in claim 59 of the 
`004 patent and claims 6, 9, and 11 of the `847 patent. The Commission 
has also determined to review the ALJ's validity determinations with 
respect to the four asserted patents. On review, we affirm the ALJ's 
determination of no violation, but take no position with regard to the 
term ``synchronize'' and validity.
    In addition, the Commission modifies the ALJ's construction of 
``access signal'' to clarify that his construction does not read out 
the situation where the ``access signal'' may continue to be 
transmitted after the power ramp-up procedure ends. The ID limits the 
transmission of the ``access signal'' to the power ramp-up procedure, 
finding the transmission does not continue during the remainder of the 
call setup process. The Commission agrees that the ``access signal'' is 
transmitted during the power ramp-up procedure and that the ``access 
signal'' is a separate transmission from any other call set up messages 
that a subscriber unit pursuant to the Power Ramp-Up Patents transmits 
to a base station during a communication event. The Commission finds, 
however, that the `004 and `847 patents do not require that the 
transmission of the ``access signal'' ends when the power ramp-up 
procedure ends.
    The Commission has determined not to review the remaining issues 
decided in the 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 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).


[[Page 55069]]


    Issued: October 16, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-25676 Filed 10-23-09; 8:45 am]
BILLING CODE 7020-02-P