Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players and Products Containing Same; Notice of Commission Final Determination of No Violation of Section 337; Termination of Investigation, 55854-55855 [E9-25974]
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55854
Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices
ecological research values at the Wolf
Creek Research Natural Area.
The use of a right-of-way, interagency
agreement, or cooperative agreement
would not provide adequate protection.
The Forest Service would not need to
acquire water rights to fulfill the
purpose of the requested withdrawal
extension.
Records related to the application
may be examined by contacting Charles
R. Roy at the above address or phone
number.
For a period of 90 days from the date
of publication of this notice, all persons
who wish to submit comments,
suggestions, or objections in connection
with the proposed withdrawal extension
may present their views in writing to
the BLM State Director at the address
indicated above.
Comments, including names and
street addresses of respondents, will be
available for public review at the
address indicated above during regular
business hours.
Individual respondents may request
confidentiality. However, before
including your address, phone number,
e-mail address, or other personal
identifying information in your
comment, be advised that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment to
withhold from public review your
personal identifying information, we
cannot guarantee that we will be able to
do so. If you wish to withhold your
name or address from public review or
from disclosure under the Freedom of
Information Act, you must state this
prominently at the beginning of your
comments. Such requests will be
honored to the extent allowed by law.
All submissions from organizations or
businesses, and from individuals
identifying themselves as
representatives or officials of
organization or businesses, will be made
available for public inspection in their
entirety.
Notice is hereby given that an
opportunity to request a public meeting
is afforded in connection with the
proposed withdrawal extension. All
interested parties who desire a public
meeting for the purpose of being heard
on the proposed withdrawal must
submit a written request to the BLM
State Director at the address indicated
above by January 27, 2010. Upon
determination by the authorized officer
that a public meeting will be held, a
notice of the time and place will be
published in the Federal Register and in
at least one local newspaper at least 30
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days before the scheduled date of the
meeting.
The application will be processed in
accordance with the regulations set
forth in 43 CFR 2310.4.
(Authority: 43 CFR 2310.3–1)
Fred O’Ferrall,
Chief, Branch of Lands and Mineral
Resources.
[FR Doc. E9–26116 Filed 10–28–09; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Office of the Secretary; Renewal of the
Wind Turbine Guidelines Advisory
Committee
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of renewal.
SUMMARY: The Secretary of the Interior
(Secretary), after consultation with the
General Services Administration, has
renewed the Wind Turbine Guidelines
Advisory Committee. The Committee
will provide advice and
recommendations to the Secretary on
developing effective measures to avoid
or minimize impacts to wildlife and
their habitats related to land-based wind
energy facilities.
FOR FURTHER INFORMATION CONTACT:
Rachel London, Division of Habitat and
Resource Conservation, U.S. Fish and
Wildlife Service, Department of the
Interior, (703) 358–2161.
SUPPLEMENTARY INFORMATION: We are
publishing this notice in accordance
with the requirements of the Federal
Advisory Committee Act (5 U.S.C. App.)
(FACA). The Secretary certifies that he
has determined that the renewal of the
Committee is necessary and is in the
public interest.
The Committee will conduct its
operations in accordance with the
provisions of the FACA. It will report to
the Secretary through the Director, U.S.
Fish and Wildlife Service, and will
function solely as an advisory body.
Committee membership includes
representation from governments, wind
energy development organizations, and
wildlife conservation organizations.
In accordance with FACA, we have
filed a copy of the Committee’s charter
with the Committee Management
Secretariat, General Services
Administration; Committee on
Environment and Public Works, United
States Senate; Committee on Natural
Resources, United States House of
Representatives; and the Library of
Congress.
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The certification for renewal is
published below.
Certification
I hereby certify that the Wind Turbine
Guidelines Advisory Committee is
necessary and is in the public interest
in connection with the performance of
duties imposed on the Department of
the Interior by Public Laws 16 U.S.C.
703–712, Migratory Bird Treaty Act; 16
U.S.C. 668–668d, Bald and Golden Eagle
Protection Act; 16 U.S.C. 1531–1544,
Endangered Species Act; and 42 U.S.C.
4371 et seq., National Environmental
Policy Act. The Committee will assist
the Department of the Interior by
providing advice and recommendations
on developing effective measures to
avoid or minimize impacts to wildlife
and their habitats related to land-based
wind energy development.
Dated: October 20, 2009.
Ken Salazar,
Secretary of the Interior.
[FR Doc. E9–26015 Filed 10–28–09; 8:45 am]
BILLING CODE 4310–55–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–619]
Certain Flash Memory Controllers,
Drives, Memory Cards, and Media
Players and Products Containing
Same; Notice of Commission Final
Determination of 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 that there
has been no violation of section 337 of
the Tariff Act of 1930, 19 U.S.C. 1337,
in this investigation, and has terminated
the investigation.
FOR FURTHER INFORMATION CONTACT:
Panyin A. 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
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dcolon on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 208 / Thursday, October 29, 2009 / Notices
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 December 12, 2007, based on a
complaint filed by SanDisk Corporation
of Milpitas, CA. 72 FR 70610 (Dec. 12,
2007). The complaint 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 flash memory controllers, drives,
memory cards, media players and
products containing the same by reason
of infringement of various claims of
United States Patent Nos. 6,426,893;
6,763,424 (‘‘the ’424 patent’’); 5,719,808;
6,947,332; and 7,137,011 (‘‘the ’011
patent’’). Three patents and several
claims were subsequently terminated
from the investigation. Claims 17, 24
and 30 of the ’424 patent and claim 8
of the ’011 patent remain in the
investigation. The complaint named
nearly fifty respondents. Twenty-one
respondents were terminated from the
investigation based on settlement
agreements, consent orders and
withdrawal of allegations from the
complaint. Five respondents defaulted.
The following respondents remain in
the investigation: Imation Corporation
of Oakdale, MN; Imation Enterprises
Corporation of Oakdale, MN; and
Memorex Products, Inc. of Cerritos, CA
(collectively, ‘‘Imation Respondents’’);
Phison Electronics Corporation of
Hsinchu, Taiwan; Silicon Motion Inc. of
Taiwan; Silicon Motion, Inc. of
Milpitas, CA; Skymedi Corporation of
Hsinchu, Taiwan; Power Quotient
International Co., Ltd. of Taipei,
Taiwan; Power Quotient International
(HK) Co., Ltd. of Hong Kong; Syscom
Development Co., Ltd. of the British
Virgin Islands; PQI Corporation of
Fremont, California; Kingston
Technology Corporation of Fountain
Valley, CA; Kingston Technology
Company, Inc. of Fountain Valley, CA;
MemoSun, Inc. of Fountain Valley, CA;
Transcend Information Inc. of Taipei,
Taiwan; Transcend Information Inc. of
Orange, CA; Transcend Information
Maryland, Inc. of Linthicum, MD;
Apacer Technology Inc. of Taipei Hsien,
Taiwan; Apacer Memory America, Inc.
of Milpitas, CA; Dane Memory S.A. of
Bagnolet, France; Deantusaiocht Dane-
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15:20 Oct 28, 2009
Jkt 220001
Elec TEO of Spiddal, Galway, Ireland;
Dane-Elec Corporation USA of Irvine
CA; LG Electronics U.S.A., Inc. of
Englewood Cliffs, New Jersey; and LG
Electronics, Inc. of Seoul, South Korea.
On April 10, 2009, the ALJ issued his
final ID finding no violation of section
337 by Respondents. The ALJ issued a
corrected version of his final ID on April
16, 2009. The ID included the ALJ’s
recommended determination on remedy
and bonding. In the subject ID, the ALJ
found that the accused products do not
infringe asserted claims 17, 24 and 30 of
the ’424 patent. The ALJ also found that
none of the asserted claims of the ’424
patent were proven to be invalid as
anticipated or obvious in view of the
prior art. The ALJ further found the
Respondents not liable for contributory
or induced infringement of the asserted
claims of the ’424 patent. Likewise, the
ALJ found that SanDisk failed to prove
that the Imation Respondents, the only
respondents accused of infringing claim
8 of the ’011 patent, induced or
contributed to infringement of the
patent. The ALJ also found that
SanDisk’s rights in the ’011 patent were
not exhausted and that claim 8 of the
’011 patent satisfies the indefiniteness
requirement of 35 U.S.C. 112, second
paragraph. The ALJ, however,
concluded that the prior art rendered
claim 8 of the ’011 patent obvious.
On May 4, 2009, SanDisk and the
Commission investigative attorney filed
petitions for review of the ID. That same
day, Respondents filed a collective
contingent petition for review of the ID
with respect to the ’424 patent. Skymedi
Corporation and the Imation
Respondents, in addition to joining the
collective contingent petition for
review, filed individual contingent
petitions for review. On May 18, 2009,
the parties filed responses to the various
petitions and contingent petitions for
review.
On August 24, 2009, the Commission
determined to review the final ID in part
and requested briefing on several issues
it determined to review, and on remedy,
the public interest and bonding. 74 FR
44382 (Aug. 28, 2009). The Commission
determined to review the claim
construction of claims 17, 24 and 30 of
the ’424 patent; infringement of the
asserted claims of the ’424 patent;
validity of the ’424 patent; and the ALJ’s
decision not to consider the Sinclair
PCT publication as evidence of prior art
to claim 17 of the ’424 patent. Id.
On September 3, 2009, the parties
filed written submissions on the issues
on review, remedy, the public interest
and bonding. On September 14, 2009,
the parties filed response submissions
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55855
on the issues on review, remedy, the
public interest and bonding.
Having examined the record of this
investigation, including the ALJ’s final
ID, the Commission has determined to
(1) reverse the ALJ’s finding that claim
17 of the ’424 patent does not cover
single-page updates; (2) reverse the
ALJ’s finding that the claim term
‘‘reading and assembling data from the
first and second plurality of pages’’ as
recited in claim 20 of the ’424 patent
excludes the so-called table method as
disclosed in Figure 12; (3) affirm the
ALJ’s finding that the accused products
do not infringe the asserted claims of
the ’424 patent; and (4) affirm the ALJ’s
finding that none of the asserted claims
of the ’424 patent were proven to be
invalid as anticipated or obvious in
view of the prior art considered by the
ALJ. Given the Commission’s affirmance
of the ALJ’s determination that SanDisk
failed to establish that the accused
controllers infringe claim 17 of the ’424
patent, the Commission declines to
reach the issue of whether the ALJ
should have considered the Sinclair
PCT publication as evidence of prior art
to claim 17 of the ’424 patent.
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
sections 210.42–46 and 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.42–46 and
210.50).
Issued: October 23, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9–25974 Filed 10–28–09; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–660]
In the Matter of: Certain Active Comfort
Footwear; Notice of Commission
Determination To Terminate the
Investigation
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to
terminate the investigation.
FOR FURTHER INFORMATION CONTACT:
Mark B. Rees, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone 202–
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]]>Agencies
[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55854-55855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25974]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-619]
Certain Flash Memory Controllers, Drives, Memory Cards, and Media
Players and Products Containing Same; Notice of Commission Final
Determination of 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 that there has been no violation of section
337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation,
and has terminated the investigation.
FOR FURTHER INFORMATION CONTACT: Panyin A. 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
[[Page 55855]]
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 December 12, 2007, based on a complaint filed by SanDisk Corporation
of Milpitas, CA. 72 FR 70610 (Dec. 12, 2007). The complaint 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 flash
memory controllers, drives, memory cards, media players and products
containing the same by reason of infringement of various claims of
United States Patent Nos. 6,426,893; 6,763,424 (``the '424 patent'');
5,719,808; 6,947,332; and 7,137,011 (``the '011 patent''). Three
patents and several claims were subsequently terminated from the
investigation. Claims 17, 24 and 30 of the '424 patent and claim 8 of
the '011 patent remain in the investigation. The complaint named nearly
fifty respondents. Twenty-one respondents were terminated from the
investigation based on settlement agreements, consent orders and
withdrawal of allegations from the complaint. Five respondents
defaulted. The following respondents remain in the investigation:
Imation Corporation of Oakdale, MN; Imation Enterprises Corporation of
Oakdale, MN; and Memorex Products, Inc. of Cerritos, CA (collectively,
``Imation Respondents''); Phison Electronics Corporation of Hsinchu,
Taiwan; Silicon Motion Inc. of Taiwan; Silicon Motion, Inc. of
Milpitas, CA; Skymedi Corporation of Hsinchu, Taiwan; Power Quotient
International Co., Ltd. of Taipei, Taiwan; Power Quotient International
(HK) Co., Ltd. of Hong Kong; Syscom Development Co., Ltd. of the
British Virgin Islands; PQI Corporation of Fremont, California;
Kingston Technology Corporation of Fountain Valley, CA; Kingston
Technology Company, Inc. of Fountain Valley, CA; MemoSun, Inc. of
Fountain Valley, CA; Transcend Information Inc. of Taipei, Taiwan;
Transcend Information Inc. of Orange, CA; Transcend Information
Maryland, Inc. of Linthicum, MD; Apacer Technology Inc. of Taipei
Hsien, Taiwan; Apacer Memory America, Inc. of Milpitas, CA; Dane Memory
S.A. of Bagnolet, France; Deantusaiocht Dane-Elec TEO of Spiddal,
Galway, Ireland; Dane-Elec Corporation USA of Irvine CA; LG Electronics
U.S.A., Inc. of Englewood Cliffs, New Jersey; and LG Electronics, Inc.
of Seoul, South Korea.
On April 10, 2009, the ALJ issued his final ID finding no violation
of section 337 by Respondents. The ALJ issued a corrected version of
his final ID on April 16, 2009. The ID included the ALJ's recommended
determination on remedy and bonding. In the subject ID, the ALJ found
that the accused products do not infringe asserted claims 17, 24 and 30
of the '424 patent. The ALJ also found that none of the asserted claims
of the '424 patent were proven to be invalid as anticipated or obvious
in view of the prior art. The ALJ further found the Respondents not
liable for contributory or induced infringement of the asserted claims
of the '424 patent. Likewise, the ALJ found that SanDisk failed to
prove that the Imation Respondents, the only respondents accused of
infringing claim 8 of the '011 patent, induced or contributed to
infringement of the patent. The ALJ also found that SanDisk's rights in
the '011 patent were not exhausted and that claim 8 of the '011 patent
satisfies the indefiniteness requirement of 35 U.S.C. 112, second
paragraph. The ALJ, however, concluded that the prior art rendered
claim 8 of the '011 patent obvious.
On May 4, 2009, SanDisk and the Commission investigative attorney
filed petitions for review of the ID. That same day, Respondents filed
a collective contingent petition for review of the ID with respect to
the '424 patent. Skymedi Corporation and the Imation Respondents, in
addition to joining the collective contingent petition for review,
filed individual contingent petitions for review. On May 18, 2009, the
parties filed responses to the various petitions and contingent
petitions for review.
On August 24, 2009, the Commission determined to review the final
ID in part and requested briefing on several issues it determined to
review, and on remedy, the public interest and bonding. 74 FR 44382
(Aug. 28, 2009). The Commission determined to review the claim
construction of claims 17, 24 and 30 of the '424 patent; infringement
of the asserted claims of the '424 patent; validity of the '424 patent;
and the ALJ's decision not to consider the Sinclair PCT publication as
evidence of prior art to claim 17 of the '424 patent. Id.
On September 3, 2009, the parties filed written submissions on the
issues on review, remedy, the public interest and bonding. On September
14, 2009, the parties filed response submissions on the issues on
review, remedy, the public interest and bonding.
Having examined the record of this investigation, including the
ALJ's final ID, the Commission has determined to (1) reverse the ALJ's
finding that claim 17 of the '424 patent does not cover single-page
updates; (2) reverse the ALJ's finding that the claim term ``reading
and assembling data from the first and second plurality of pages'' as
recited in claim 20 of the '424 patent excludes the so-called table
method as disclosed in Figure 12; (3) affirm the ALJ's finding that the
accused products do not infringe the asserted claims of the '424
patent; and (4) affirm the ALJ's finding that none of the asserted
claims of the '424 patent were proven to be invalid as anticipated or
obvious in view of the prior art considered by the ALJ. Given the
Commission's affirmance of the ALJ's determination that SanDisk failed
to establish that the accused controllers infringe claim 17 of the '424
patent, the Commission declines to reach the issue of whether the ALJ
should have considered the Sinclair PCT publication as evidence of
prior art to claim 17 of the '424 patent.
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 sections 210.42-46 and 210.50 of the Commission's Rules of Practice
and Procedure (19 CFR 210.42-46 and 210.50).
Issued: October 23, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-25974 Filed 10-28-09; 8:45 am]
BILLING CODE 7020-02-P
