In the Matter of: Certain Voltage Regulators, Components Thereof and Products Containing Same; Enforcement Proceeding; Notice of Commission Determination Not To Review the Enforcement Initial Determination; Schedule for Briefing on the Issues of Remedy, Public Interest, and Bonding, 28284-28285 [2010-12103]
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Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices
and to correct the name of another; an
ID issued. Order No. 6 (Mar. 5, 2010).
On March 31, 2010, the Commission
determined not to review that ID. 75 FR
17433–34 (Apr. 6, 2010).
On April 12, 2010, Richtek moved for
leave to amend its complaint to assert
dependent claims 8–11 of the ’190
patent on the basis of newly discovered
evidence produced by the respondents
in this investigation. Independent claim
1 of the ’190 patent (upon which claims
8–11 depend) had always been asserted
in this investigation. On April 20, 2010,
the respondents filed their opposition,
arguing that Richtek’s two-month delay
in asserting these patent claims caused
them prejudice. The next day, the
Commission’s investigative attorney
filed a response indicating that she did
not oppose the motion.
On April 22, 2010, the ALJ issued an
ID granting Richtek’s motion. Order No.
19 (Apr. 22, 2010). The ID found good
cause for Richtek’s delay and tacitly
rejected the respondents’ allegations of
prejudice. Id. at 6–7.
No petitions for review of the ID were
filed. The Commission has determined
not to review 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).
By order of the Commission.
Issued: May 14, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–12101 Filed 5–19–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
[Inv. No. 337–TA–564]
In the Matter of: Certain Voltage
Regulators, Components Thereof and
Products Containing Same;
Enforcement Proceeding; Notice of
Commission Determination Not To
Review the Enforcement Initial
Determination; Schedule for Briefing
on the Issues of Remedy, Public
Interest, and Bonding
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: The United States
International Trade Commission hereby
provides notice that it has determined
not to review the Enforcement Initial
Determination (‘‘ID’’) issued by the
VerDate Mar<15>2010
15:45 May 19, 2010
Jkt 220001
presiding administrative law judge
(‘‘ALJ’’) on March 18, 2010 in the abovecaptioned investigation. Notice is
further given that the Commission is
requesting briefing on remedy, the
public interest, and bonding with
respect to the ID’s findings and
recommendations concerning
enforcement measures.
FOR FURTHER INFORMATION CONTACT: Paul
M. Bartkowski, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–5432. Copies of all nonconfidential
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 (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
the matter can be obtained by contacting
the Commission’s TDD terminal on 202–
205–1810.
The
Commission instituted the investigation
underlying this enforcement proceeding
on March 22, 2006, based on a
complaint filed by Linear Technology
Corporation (‘‘Linear’’) of Milpitas,
California. 71 FR 14545. The complaint,
as supplemented, 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 voltage regulators, components
thereof and products containing the
same, by reason of infringement of
certain claims of United States Patent
No. 6,411,531 and of United States
Patent No. 6,580,258 (‘‘the ‘258 patent’’).
The complaint named Advanced
Analogic Technologies, Inc. (‘‘AATI’’) of
Sunnyvale, California as the sole
respondent. After Commission review of
the administrative law judge’s (‘‘ALJ’’)
final ID, the Commission determined
that there was a violation of section 337
by AATI with respect to certain asserted
claims of the ‘258 patent and issued a
limited exclusion order (‘‘LEO’’)
consistent with its findings of violation.
Subsequently, based on an enforcement
complaint filed by Linear, the
Commission instituted an enforcement
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
proceeding by notice in the Federal
Register on October 10, 2008.
On March 18, 2010, the ALJ issued
the subject ID, finding that, due to
infringement of claims 2 and 34 of the
‘258 patent by the accused products,
AATI violated the LEO. AATI filed a
petition for review of certain aspects of
the ID, and Linear filed a contingent
petition for review of the ID. AATI and
Linear filed responses to each others’
petitions, and the Commission
investigative attorney filed a joint
response to the private parties’
petitions. Having reviewed the record of
the enforcement proceeding, including
the petition for review and the
responses thereto, the Commission has
determined not to review the ID.
In connection with the final
disposition of this proceeding, the
Commission may (1) modify the LEO
and/or (2) issue a cease-and-desist order
that could result in the respondent
being required to cease and desist from
engaging in unfair acts in the
importation and sale of the subject
articles. Accordingly, the Commission is
interested in receiving written
submissions that address the form of
remedy, if any, that should be ordered.
The Commission is particularly
interested in receiving briefing
regarding potential modifications to the
LEO that ensure exclusion of the
products for which a violation was
found. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see In the Matter of Certain
Devices for Connecting Computers via
Telephone Lines, Inv. No. 337–TA–360,
USITC Pub. No. 2843 (December 1994)
(Commission Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that a
modified exclusion order and/or ceaseand-desist orders would have on (1) the
public health and welfare, (2)
competitive conditions in the U.S.
economy, (3) U.S. production of articles
that are like or directly competitive with
those that are subject to investigation,
and (4) U.S. consumers. The
Commission is therefore interested in
receiving written submissions that
address the aforementioned public
interest factors in the context of this
investigation.
If the Commission orders some form
of remedy, the U.S. Trade
E:\FR\FM\20MYN1.SGM
20MYN1
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission. The
Commission is therefore interested in
receiving submissions concerning the
amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to
the investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. All
parties are requested to submit proposed
remedial orders for the Commission’s
consideration. Complainants are
requested to state the dates that the
patents expire and the HTSUS numbers
under which the accused products are
imported. The written submissions and
proposed remedial orders must be filed
no later than close of business on June
2, 2010. Reply submissions, if any, must
be filed no later than the close of
business on June 11, 2010. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Any person desiring to
submit a document to the Commission
in confidence must request confidential
treatment unless the information has
already been granted such treatment
during the proceedings. All such
requests should be directed to the
Secretary of the Commission and must
include a full statement of the reasons
why the Commission should grant such
treatment. See 19 CFR *201.6.
Documents for which confidential
treatment by the Commission is sought
will be treated accordingly. All
nonconfidential written submissions
will be available for public inspection at
the Office of the Secretary.
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).
By order of the Commission.
Issued: May 14, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–12103 Filed 5–19–10; 8:45 am]
BILLING CODE 7020–02–P
VerDate Mar<15>2010
15:45 May 19, 2010
Jkt 220001
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–678]
In the Matter of Certain Energy Drink
Products; Notice of Commission
Decision Not To Review an Initial
Determination of Violation of Section
337; Schedule for Submissions on
Remedy, Public Interest, and Bonding
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 a final initial determination
(‘‘final ID’’) (Order No. 34) issued by the
presiding administrative law judge
(‘‘ALJ’’) finding a violation of Section
337 of the Tariff Act of 1930, as
amended (‘‘section 337’’) in the aboveidentified investigation.
FOR FURTHER INFORMATION CONTACT:
James A. Worth, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone 202–
205–3065. Copies of the public version
of the ID and all nonconfidential
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. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on 202–
205–1810. General information
concerning the Commission may also be
obtained by accessing its Internet server
(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.
SUPPLEMENTARY INFORMATION: On June
17, 2009, the Commission instituted this
investigation, based on a complaint filed
by Red Bull GmbH of Fuschl am See,
Austria, and Red Bull North America of
Santa Monica, California (collectively,
‘‘Red Bull’’) filed on May 15, 2009, and
supplemented on June 1, 2009. The
respondents named in the notice of
investigation were: Chicago Import Inc.,
of Chicago, Illinois (‘‘Chicago Import’’);
Lamont Distr., Inc., a/k/a Lamont
Distributors Inc., of Brooklyn, New York
(‘‘Lamont’’); India Imports, Inc., a/k/a
International Wholesale Club of
Metairie, Louisiana (‘‘India Imports’’);
Washington Food and Supply of DC,
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
28285
Inc., a/k/a Washington Cash & Carry of
Washington, DC (‘‘Washington Food’’);
Vending Plus, Inc., of Glen Burnie,
Maryland; and Baltimore Beverage Co.,
Glen Burnie, Maryland. The complaint
alleged violations of Section 337 of the
Tariff Act of 1930, as amended, by
reason of the importation, the sale for
importation, or the sale after
importation, of certain energy drink
products that infringe U.S. Trademark
Registration Nos. 3,092,197; 2,946,045;
2,2994,429; 3,479,607 and U.S.
Copyright Registration No.
VA0001410959. The complaint further
alleged that an industry in the United
States exists as required by subsection
(a)(2) of section 337. On August 12,
2009, the Commission determined not
to review an ID (Order No. 7) granting
a motion to amend the notice of
investigation to clarify that Vending
Plus, Inc., and Baltimore Beverage Co.,
comprise a single entity, Vending Plus,
Inc. d/b/a Baltimore Beverage Co.
(‘‘Vending Plus’’). On September 30,
2009, the Commission determined not
to review an ID (Order No. 11) granting
a motion to amend the notice of
investigation to include the following
additional respondents: Posh Nosh
Imports (USA), Inc., of South Kearny,
New Jersey (‘‘Posh Nosh’’); Greenwich,
Inc., of Florham Park, New Jersey
(‘‘Greenwich’’); Advantage Food
Distributors Ltd., of Suffolk, UK
(‘‘Advantage Food’’); Wheeler Trading,
Inc., of Miramar, Florida (‘‘Wheeler
Trading’’); Avalon International General
Trading, LLC, of Dubai, United Arab
Emirates (‘‘Avalon’’); and Central
Supply, Inc., of Brooklyn, NY (‘‘Central
Supply’’).
On January 5, 2010, the Commission
determined not to review IDs (Order
Nos. 21 and 22) finding Lamont and
Avalon in default pursuant to
Commission Rule 210.16. On January
20, 2010, the Commission determined
not to review four IDs (Order Nos. 24,
25, 26, and 27) terminating the
investigation as to respondents Wheeler
Trading, Washington Food, India
Imports, and Vending Plus on the basis
of settlement agreements. On January
28, 2010, the Commission determined
not to review IDs (Order Nos. 29 and 30)
finding respondents Posh Nosh,
Greenwich, Advantage Food, and
Chicago Imports in default pursuant to
Commission Rule 210.16. On February
16, 2010, the Commission determined
not to review an ID (Order No. 32)
finding respondent Central Supply in
default pursuant to Commission Rule
210.16.
On December 2, 2009, Red Bull
moved for summary determination on
the issues of domestic industry,
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Notices]
[Pages 28284-28285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12103]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-564]
In the Matter of: Certain Voltage Regulators, Components Thereof
and Products Containing Same; Enforcement Proceeding; Notice of
Commission Determination Not To Review the Enforcement Initial
Determination; Schedule for Briefing on the Issues of Remedy, Public
Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States International Trade Commission hereby
provides notice that it has determined not to review the Enforcement
Initial Determination (``ID'') issued by the presiding administrative
law judge (``ALJ'') on March 18, 2010 in the above-captioned
investigation. Notice is further given that the Commission is
requesting briefing on remedy, the public interest, and bonding with
respect to the ID's findings and recommendations concerning enforcement
measures.
FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-5432. Copies of all
nonconfidential 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
(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 the matter can be obtained by contacting the Commission's TDD
terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted the investigation
underlying this enforcement proceeding on March 22, 2006, based on a
complaint filed by Linear Technology Corporation (``Linear'') of
Milpitas, California. 71 FR 14545. The complaint, as supplemented,
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 voltage regulators, components thereof and products containing
the same, by reason of infringement of certain claims of United States
Patent No. 6,411,531 and of United States Patent No. 6,580,258 (``the
`258 patent''). The complaint named Advanced Analogic Technologies,
Inc. (``AATI'') of Sunnyvale, California as the sole respondent. After
Commission review of the administrative law judge's (``ALJ'') final ID,
the Commission determined that there was a violation of section 337 by
AATI with respect to certain asserted claims of the `258 patent and
issued a limited exclusion order (``LEO'') consistent with its findings
of violation. Subsequently, based on an enforcement complaint filed by
Linear, the Commission instituted an enforcement proceeding by notice
in the Federal Register on October 10, 2008.
On March 18, 2010, the ALJ issued the subject ID, finding that, due
to infringement of claims 2 and 34 of the `258 patent by the accused
products, AATI violated the LEO. AATI filed a petition for review of
certain aspects of the ID, and Linear filed a contingent petition for
review of the ID. AATI and Linear filed responses to each others'
petitions, and the Commission investigative attorney filed a joint
response to the private parties' petitions. Having reviewed the record
of the enforcement proceeding, including the petition for review and
the responses thereto, the Commission has determined not to review the
ID.
In connection with the final disposition of this proceeding, the
Commission may (1) modify the LEO and/or (2) issue a cease-and-desist
order that could result in the respondent being required to cease and
desist from engaging in unfair acts in the importation and sale of the
subject articles. Accordingly, the Commission is interested in
receiving written submissions that address the form of remedy, if any,
that should be ordered. The Commission is particularly interested in
receiving briefing regarding potential modifications to the LEO that
ensure exclusion of the products for which a violation was found. If a
party seeks exclusion of an article from entry into the United States
for purposes other than entry for consumption, the party should so
indicate and provide information establishing that activities involving
other types of entry either are adversely affecting it or likely to do
so. For background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that a modified
exclusion order and/or cease-and-desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
[[Page 28285]]
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: The parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. All parties are requested to submit proposed remedial
orders for the Commission's consideration. Complainants are requested
to state the dates that the patents expire and the HTSUS numbers under
which the accused products are imported. The written submissions and
proposed remedial orders must be filed no later than close of business
on June 2, 2010. Reply submissions, if any, must be filed no later than
the close of business on June 11, 2010. No further submissions on these
issues will be permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
to the Commission in confidence must request confidential treatment
unless the information has already been granted such treatment during
the proceedings. All such requests should be directed to the Secretary
of the Commission and must include a full statement of the reasons why
the Commission should grant such treatment. See 19 CFR *201.6.
Documents for which confidential treatment by the Commission is sought
will be treated accordingly. All nonconfidential written submissions
will be available for public inspection at the Office of the Secretary.
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).
By order of the Commission.
Issued: May 14, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-12103 Filed 5-19-10; 8:45 am]
BILLING CODE 7020-02-P
