In the Matter of Certain Electronic Devices Having Image Capture or Display Functionality and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement, 8115 [2010-3420]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices Commission set a bond of five percent of entered value of accused products imported during the period of Presidential review. On October 30, 2009, SCT and Barber (‘‘SCT–Barber’’) filed a joint petition for review of the final ID. Tianrui filed a petition for review on November 2, 2009, and complainant Amsted filed a contingent petition for review that same day. Amsted filed responses to SCT– Barber’s and Tianrui’s petitions on November 9 and 10, respectively, and SCT–Barber and Tianrui filed their responses to Amsted’s petition on November 10. The Commission investigative attorneys (‘‘IAs’’) filed responses to the various petitions for review on November 10. The IAs did not petition for review of the ID. On December 17, 2009, the Commission determined not to review the ID and requested briefing on remedy, the public interest, and bonding. 74 FR 68282–83 (Dec. 23, 2009). On December 29, 2009, the parties submitted written submissions on the issues for which the Commission requested further briefing, and submitted replies to the written submissions on January 6, 2010. Having reviewed the record in this investigation, including the ID and the parties’ written submissions, the Commission has determined that the appropriate remedy is a limited exclusion order lasting a period of ten (10) years as well as cease and desist orders, lasting the same period, directed to Respondents. The limited exclusion order prohibits the entry of cast steel railway wheels and products containing same, manufactured using any of the asserted ABC Trade Secrets by or on behalf of, or imported by or on behalf of, Respondents, or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, for consumption in the United States. The cease and desist orders prohibit Respondents from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), soliciting U.S. agents or distributors, or aiding or abetting other entities in the importation, sale for importation, sale after importation, transfer (except for exportation), or distribution of cast steel railway wheels and products containing the same manufactured using any of the asserted ABC Trade Secrets. The Commission further determines that the public interest factors enumerated in section 337(d) and (f) (19 U.S.C. 1337(d), (f)) do not preclude issuance of the limited exclusion order. Finally, the Commission determines VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 that a bond of five percent of the entered value is required to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)) of cast steel railway wheels and products containing the same that are subject to the order. The Commission’s order and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. 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 210.50 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.50. Issued: February 16, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–3421 Filed 2–22–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–672] In the Matter of Certain Electronic Devices Having Image Capture or Display Functionality and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation Based on a Settlement Agreement 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 an initial determination (‘‘ID’’) (Order No. 19) of the presiding administrative law judge (‘‘ALJ’’) terminating the above-captioned investigation based on a settlement agreement. 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) 205–3115. 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 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 8115 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 March 30, 2009, based on a complaint filed by LG Electronics of Seoul, Korea (‘‘LG’’), alleging a violation of section 337 in the importation, sale for importation, and sale within the United States after importation of certain electronic devices having image capture or display functionality or components thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,995,767, 5,774,131, and 6,281,895. 74 FR 14157 (2009). The complainant named Eastman Kodak Company of Rochester, New York (‘‘Kodak’’) as the respondent. On December 16, 2009, LG and Kodak jointly moved to terminate the investigation based on a settlement agreement. The Commission investigative attorney supported the motion. On January 19, 2010, the ALJ issued an ID (Order No. 19) granting the motion. No party petitioned for review of the ID, and the Commission has determined not to review it. 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 210.21 and 210.42(h) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.21, 210.42(h). Issued: February 16, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–3420 Filed 2–22–10; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Institute of Electrical and Electronics Engineers Notice is hereby given that, on January 8, 2010, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), the Institute of Electrical and Electronics Engineers (‘‘IEEE’’) has filed written notifications E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Page 8115]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3420]


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INTERNATIONAL TRADE COMMISSION

 [Investigation No. 337-TA-672]


 In the Matter of Certain Electronic Devices Having Image Capture 
or Display Functionality and Components Thereof; Notice of a Commission 
Determination Not To Review an Initial Determination Terminating the 
Investigation Based on a Settlement Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 19) of the presiding administrative law judge 
(``ALJ'') terminating the above-captioned investigation based on a 
settlement agreement.

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) 205-3115. 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 March 30, 2009, based on a complaint filed by LG Electronics of 
Seoul, Korea (``LG''), alleging a violation of section 337 in the 
importation, sale for importation, and sale within the United States 
after importation of certain electronic devices having image capture or 
display functionality or components thereof by reason of infringement 
of certain claims of U.S. Patent Nos. 5,995,767, 5,774,131, and 
6,281,895. 74 FR 14157 (2009). The complainant named Eastman Kodak 
Company of Rochester, New York (``Kodak'') as the respondent.
    On December 16, 2009, LG and Kodak jointly moved to terminate the 
investigation based on a settlement agreement. The Commission 
investigative attorney supported the motion.
    On January 19, 2010, the ALJ issued an ID (Order No. 19) granting 
the motion. No party petitioned for review of the ID, and the 
Commission has determined not to review it.
    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 210.21 and 210.42(h) of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.21, 210.42(h).

    Issued: February 16, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-3420 Filed 2-22-10; 8:45 am]
BILLING CODE P