In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof; Notice of Commission Determination of No Violation of Section 337; Termination of the Investigation, 41238 [2010-17297]

Download as PDF 41238 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices 916–941–3101, or Dan Ryan, BLM California State Office, 916–978–4677. INTERNATIONAL TRADE COMMISSION SUPPLEMENTARY INFORMATION: The Bureau of Land Management will manage the lands to protect the unique natural, scenic, cultural, and recreational values along the South Fork of the American River. [Investigation No. 337–TA–670] Order In the Matter of Certain Adjustable Keyboard Support Systems and Components Thereof; Notice of Commission Determination of No Violation of Section 337; Termination of the Investigation By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714, it is ordered as follows: 1. Subject to valid existing rights, the following described public lands are hereby withdrawn from location and entry under the United States mining laws (30 U.S.C. Ch. 2) for the Bureau of Land Management to protect the unique natural, scenic, cultural, and recreational values along the South Fork of the American River: Mount Diablo Meridian srobinson on DSKHWCL6B1PROD with NOTICES T. 11 N., R. 9 E., Sec. 10, NW1⁄4NW1⁄4 and S1⁄2; Sec. 12, lots 1 to 9 inclusive, NW1⁄4SE1⁄4NW1⁄4, and NW1⁄4NE1⁄4SE1⁄4; Sec. 20, NE1⁄4SW1⁄4, N1⁄2SE1⁄4, and SE1⁄4SE1⁄4; Sec. 28, SW 1⁄4, NW1⁄4 excluding Mineral Survey 5163, W1⁄2 SW1⁄4, and SE1⁄4 SW1⁄4; Sec. 30, lots 1 to 4 inclusive, SW1⁄4NE1⁄4, SE1⁄4NW1⁄4, E1⁄2,SW1⁄4, and SE1⁄4; Sec. 32, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, W1⁄2, and S1⁄2SE1⁄4. T. 11 N., R. 10 E., Sec. 18, lots 5, 6, and 7, and NW1⁄4NE1⁄4NW1⁄4; Sec. 22, NW1⁄4SE1⁄4SW1⁄4, and that portion of the E1⁄2, NW1⁄4, excluding lots 1, 4, and 5; Sec. 26, SW1⁄4. The areas described aggregate 2,238.49 acres, more or less, in El Dorado County. 2. The withdrawal made by this order does not alter the applicability of the public land laws other than under the mining laws. 3. This withdrawal will expire on December 15, 2049, unless as a result of a review conducted before the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f), the Secretary determines that the withdrawal shall be extended. Dated: June 30, 2010. Wilma A. Lewis, Assistant Secretary—Land and Minerals Management. [FR Doc. 2010–17233 Filed 7–14–10; 8:45 am] BILLING CODE 4310–40–P VerDate Mar<15>2010 16:53 Jul 14, 2010 Jkt 220001 AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined that there is no violation of 19 U.S.C. 1337 by respondents in the above-referenced investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–4737. 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 13, 2009 based on a complaint filed by Humanscale Corporation (‘‘Humanscale’’) of New York, New York. 74 FR 10963 (Mar. 13, 2009). The complaint, as amended, named CompX International, Inc., of Dallas, Texas and Waterloo Furniture Components Limited, of Ontario, Canada (collectively, ‘‘CompX’’) as respondents. 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 adjustable keyboard support systems and components thereof that infringe certain claims of U.S. Patent No. 5,292,097 (‘‘the ’097 patent’’). PO 00000 Frm 00100 Fmt 4703 Sfmt 9990 On February 23, 2010, the ALJ issued a final ID, including his recommended determination on remedy and bonding. In his ID, the ALJ found that CompX’s ‘‘Wedge-Brake’’ products do not infringe either claims 7 or 34. The ALJ found that CompX’s ‘‘Brake-Shoe’’ products, on the other hand, do infringe claims 7 and 34, but that respondents established that claim 7 is invalid because it is obvious under 35 U.S.C. 103. The ALJ further found that respondents have not established the defense of intervening rights. Finally, the ALJ found that complainant proved the existence of a domestic industry in the United States. Accordingly, the ALJ recommended that the Commission issue a limited exclusion order barring entry into the United States of infringing adjustable keyboard support systems and components thereof. The ALJ further recommended the issuance of a cease and desist order against respondent Waterloo Furniture Components Ltd. On March 9, 2010, Humanscale, CompX, and the Commission investigative attorney (‘‘IA’’) each filed a petition for review of the ALJ’s final ID. On April 26, 2010, the Commission determined to review a portion of the ALJ’s ID and requested briefing from the parties on the issues under review and on remedy, the public interest, and bonding. On May 17, 2010, Humanscale, CompX, and the IA each filed responses to the Commission’s request for written submissions. On May 27, 2010, Humanscale, CompX and the IA filed reply submissions. On June 14, 2010, CompX filed a surreply to Humanscale’s reply submission. Having examined the record of this investigation, including the ALJ’s ID and the submissions of the parties, the Commission has determined to reverse the ALJ’s determination that the respondents violated section 337. The Commission finds the asserted claims are not infringed and are invalid. 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 210.45 of the Commission’s Rules of Practice and Procedure (19 CFR 210.45). By order of the Commission. Issued: July 9, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–17297 Filed 7–14–10; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\15JYN1.SGM 15JYN1

Agencies

[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Notices]
[Page 41238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17297]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-670]


In the Matter of Certain Adjustable Keyboard Support Systems and 
Components Thereof; Notice of Commission Determination of No Violation 
of Section 337; Termination of the Investigation

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 that there is no violation of 19 U.S.C. 1337 
by respondents in the above-referenced investigation. The investigation 
is terminated.

FOR FURTHER INFORMATION CONTACT: Jia Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 708-4737. 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 13, 2009 based on a complaint filed by Humanscale Corporation 
(``Humanscale'') of New York, New York. 74 FR 10963 (Mar. 13, 2009). 
The complaint, as amended, named CompX International, Inc., of Dallas, 
Texas and Waterloo Furniture Components Limited, of Ontario, Canada 
(collectively, ``CompX'') as respondents. 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 
adjustable keyboard support systems and components thereof that 
infringe certain claims of U.S. Patent No. 5,292,097 (``the '097 
patent'').
    On February 23, 2010, the ALJ issued a final ID, including his 
recommended determination on remedy and bonding. In his ID, the ALJ 
found that CompX's ``Wedge-Brake'' products do not infringe either 
claims 7 or 34. The ALJ found that CompX's ``Brake-Shoe'' products, on 
the other hand, do infringe claims 7 and 34, but that respondents 
established that claim 7 is invalid because it is obvious under 35 
U.S.C. 103. The ALJ further found that respondents have not established 
the defense of intervening rights. Finally, the ALJ found that 
complainant proved the existence of a domestic industry in the United 
States. Accordingly, the ALJ recommended that the Commission issue a 
limited exclusion order barring entry into the United States of 
infringing adjustable keyboard support systems and components thereof. 
The ALJ further recommended the issuance of a cease and desist order 
against respondent Waterloo Furniture Components Ltd.
    On March 9, 2010, Humanscale, CompX, and the Commission 
investigative attorney (``IA'') each filed a petition for review of the 
ALJ's final ID. On April 26, 2010, the Commission determined to review 
a portion of the ALJ's ID and requested briefing from the parties on 
the issues under review and on remedy, the public interest, and 
bonding. On May 17, 2010, Humanscale, CompX, and the IA each filed 
responses to the Commission's request for written submissions. On May 
27, 2010, Humanscale, CompX and the IA filed reply submissions. On June 
14, 2010, CompX filed a surreply to Humanscale's reply submission.
    Having examined the record of this investigation, including the 
ALJ's ID and the submissions of the parties, the Commission has 
determined to reverse the ALJ's determination that the respondents 
violated section 337. The Commission finds the asserted claims are not 
infringed and are invalid.
    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 210.45 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.45).

    By order of the Commission.

    Issued: July 9, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-17297 Filed 7-14-10; 8:45 am]
BILLING CODE 7020-02-P