In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof; Notice of Commission Determination To Review Initial Determination, 44282-44283 [2010-18518]

Download as PDF 44282 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Notices South Vinnell Way, Boise, Idaho 83709, 208–373–3863. INTERNATIONAL TRADE COMMISSION The land included in this revocation was withdrawn on behalf of the United States Air Force as part of the Juniper Butte Range under Public Law 105–261. The parcel of land described in this order, designated as ND–8, was never used by the United States Air Force, and they have determined that the withdrawal is no longer needed on this portion. [Investigation No. 337–TA–703] SUPPLEMENTARY INFORMATION: Order 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, and Section 2915(b)(3) of the Juniper Butte Range Withdrawal Act, 112 Stat. 2226, 2232, it is ordered as follows: 1. The withdrawal created by Public Law 105–261 (112 Stat. 2226) dated October 17, 1998, which withdrew land on behalf of the United States Air Force for the Juniper Butte Range, is hereby revoked insofar as it affects the following described land: Boise Meridian T. 13 S., R. 4 E., Sec. 13, lot 1. The area described contains 5 acres, more or less, in Owyhee County. 2. At 9 a.m., on August 27, 2010, the land described in Paragraph 1 will be opened to all forms of appropriation under the general land laws, including the mining, mineral, and geothermal leasing laws, subject to valid existing rights, the provisions of existing withdrawals, other segregations of record, and the requirements of applicable law. All valid applications received at or prior to 9 a.m. shall be considered as simultaneously filed at that time. Those received thereafter shall be considered in the order of filing. Dated: July 15, 2010. Wilma A. Lewis, Assistant Secretary—Land and Minerals Management. sroberts on DSKD5P82C1PROD with NOTICES [FR Doc. 2010–18470 Filed 7–27–10; 8:45 am] BILLING CODE 4310–GG–P VerDate Mar<15>2010 19:05 Jul 27, 2010 Jkt 220001 In the Matter of Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components Thereof; Notice of Commission Determination To Review Initial Determination U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review the June 22, 2010, initial determination on claim construction (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) in the above-captioned investigation under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’). 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 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 (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: This investigation was instituted on February 23, 2010, based upon a complaint filed on behalf of Eastman Kodak Company of Rochester, New York on January 14, 2010, and supplemented on February 4, 2010. 75 FR 8112. 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 mobile telephones and wireless communication devices featuring digital cameras, and components thereof, that infringe certain claims of U.S. Patent No. SUMMARY: PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 6,292,218. The complaint named as respondents Apple, Inc., of Cupertino, Calif.; Research in Motion, Ltd., of Ontario, Canada; and Research in Motion Corp., of Irving, Texas. On June 22, 2010, the ALJ issued the subject ID. All parties have petitioned for review of various portions of the ID. The Commission has determined to review the subject ID in its entirety, and to solicit briefing with respect to the issues on review. The Commission is particularly interested in briefing on the question of the legal authority for addressing the issue of claim construction as a matter for summary determination and treating the claim construction ruling as an initial determination under the Commission’s rules of practice and procedure as currently written. In this connection, the parties are requested to respond to the following hypothetical analysis: As used in rule 210.18(a), the term ‘‘issues to be determined in the investigation’’ can be viewed as limited to claims and affirmative defenses; a ‘‘part’’ of such an issue includes an element (or subpart thereof) of a claim or affirmative defense. Thus, the following could be a non-exhaustive list of examples of issues or parts thereof that are covered by rule 210.18(a): violation, importation, infringement, domestic industry (technical or economic prong), invalidity on any basis (such as anticipation or obviousness), unenforceability. Claim construction may be a necessary underpinning to the resolution of certain issues or elements, and may be part of a summary determination that addresses an issue or element. On its own, however, claim construction might not be viewed as constituting such an issue or element. Written Submissions: The parties to the investigation are requested to file written submissions on the issues under review. The submissions should be concise and thoroughly referenced to the record in this investigation, including references to exhibits and testimony. The written submissions must be filed no later than the close of business on August 5, 2010. Reply submissions must be filed no later than the close of business on August 16, 2010. No further submissions will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file with the Office of the Secretary the original and 12 true copies thereof on or before the deadlines stated above. Any person desiring to submit a document (or portion thereof) to the Commission in confidence must request confidential treatment unless the E:\FR\FM\28JYN1.SGM 28JYN1 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Notices 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 is granted by the Commission will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and under sections 210.42–.46 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–.46). By order of the Commission. Issued: July 22, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–18518 Filed 7–27–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–707] In the Matter of Certain Dynamic Random Access Memory Semiconductors and Products Containing Same, Including Memory Modules; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation as to All Remaining Respondents U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 10) of the presiding administrative law judge (‘‘ALJ’’) terminating the above-captioned investigation as to all remaining respondents based on a settlement agreement. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2310. 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, sroberts on DSKD5P82C1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:05 Jul 27, 2010 Jkt 220001 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 25, 2010, based on a complaint filed on February 19, 2010, by Infineon Technologies AG of Germany and Infineon Technologies North America Corp. of Milpitas, California (collectively ‘‘complainants’’). 75 FR 14467–68 (March 25, 2010). The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930, as amended, 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 dynamic random access memory semiconductors and products containing same, including memory modules, by reason of infringement of certain claims of U.S. Patent Nos. 5,480,051; 5,422,309; 5,397,664; and 7,071,074. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complaint names numerous respondents including Buffalo Inc. of Japan and Buffalo Technology (USA), Inc. of Austin, Texas (collectively, ‘‘the Buffalo respondents’’). On May 25, 2010, the Commission issued notice of its determination not to review the ALJ’s ID terminating the Buffalo respondents based upon a consent order. On June 18, 2010, complainants and a majority of the remaining respondents moved to terminate the investigation as to all remaining respondents based upon a settlement agreement. The ALJ issued the subject ID (Order No. 10) on June 29, 2010, granting the joint motion for termination. He found that the motion for termination satisfies Commission rules 210.21(a)(2), (b)(1). He further found, pursuant to Commission rule 210.50(b)(2), that termination of this investigation as to all remaining respondents by settlement agreement is in the public interest. No party petitioned for review of the ID. 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 44283 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). By order of the Commission. Issued: July 22, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–18528 Filed 7–27–10; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act Notice is hereby given that on July 22, 2010, a proposed Consent Decree (‘‘Decree’’) in United States v. Champion Chemical Co., et al., Civil Action No. 96cv1521, New Jersey Department of Environmental Protection v. Champion Chemical Co., et al., Civil Action No. 99cv5238, and United States v. Imperial Oil Co., et al., Civil Action No. 07cv1486, was lodged with the United States District Court for the District of New Jersey. The Decree resolves the following claims of the United States: (1) the United States’ Motion to Enforce the Consent Decree, entered in 2001, in United States v. Champion Chemical Co., et al., Civil Action No. 96cv1521, and New Jersey Department of Environmental Protection v. Champion Chemical Co., et al., Civil Action No. 99cv5238; (2) the United States’ claims in United States v. Imperial Oil Co., et al., Civil Action No. 07cv1486; and (3) the United States’ claims, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’), 42 U.S.C. 9601, et seq., for recovery of response costs incurred by the United States Environmental Protection Agency (‘‘EPA’’)in connection with the Imperial Oil Company, Inc./ Champion Chemical Company Superfund Site in Marlboro Township, New Jersey (‘‘Site’’). The Decree requires the settling defendants to pay approximately $1.4 million plus all proceeds from (1) the sale of the Site, and (2) the settling defendants’ remaining insurance coverage to the United States to resolve the listed claims. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Decree. Comments should be addressed to the Assistant Attorney General, Environmental and Natural Resources Division, and either e-mailed E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)]
[Notices]
[Pages 44282-44283]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18518]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-703]


In the Matter of Certain Mobile Telephones and Wireless 
Communication Devices Featuring Digital Cameras, and Components 
Thereof; Notice of Commission Determination To Review Initial 
Determination

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review the June 22, 2010, initial 
determination on claim construction (``ID'') issued by the presiding 
administrative law judge (``ALJ'') in the above-captioned investigation 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337'').

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 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 
(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: This investigation was instituted on 
February 23, 2010, based upon a complaint filed on behalf of Eastman 
Kodak Company of Rochester, New York on January 14, 2010, and 
supplemented on February 4, 2010. 75 FR 8112. 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 mobile 
telephones and wireless communication devices featuring digital 
cameras, and components thereof, that infringe certain claims of U.S. 
Patent No. 6,292,218. The complaint named as respondents Apple, Inc., 
of Cupertino, Calif.; Research in Motion, Ltd., of Ontario, Canada; and 
Research in Motion Corp., of Irving, Texas.
    On June 22, 2010, the ALJ issued the subject ID. All parties have 
petitioned for review of various portions of the ID.
    The Commission has determined to review the subject ID in its 
entirety, and to solicit briefing with respect to the issues on review. 
The Commission is particularly interested in briefing on the question 
of the legal authority for addressing the issue of claim construction 
as a matter for summary determination and treating the claim 
construction ruling as an initial determination under the Commission's 
rules of practice and procedure as currently written. In this 
connection, the parties are requested to respond to the following 
hypothetical analysis:
    As used in rule 210.18(a), the term ``issues to be determined in 
the investigation'' can be viewed as limited to claims and affirmative 
defenses; a ``part'' of such an issue includes an element (or subpart 
thereof) of a claim or affirmative defense. Thus, the following could 
be a non-exhaustive list of examples of issues or parts thereof that 
are covered by rule 210.18(a): violation, importation, infringement, 
domestic industry (technical or economic prong), invalidity on any 
basis (such as anticipation or obviousness), unenforceability. Claim 
construction may be a necessary underpinning to the resolution of 
certain issues or elements, and may be part of a summary determination 
that addresses an issue or element. On its own, however, claim 
construction might not be viewed as constituting such an issue or 
element.
    Written Submissions: The parties to the investigation are requested 
to file written submissions on the issues under review. The submissions 
should be concise and thoroughly referenced to the record in this 
investigation, including references to exhibits and testimony. The 
written submissions must be filed no later than the close of business 
on August 5, 2010. Reply submissions must be filed no later than the 
close of business on August 16, 2010. No further submissions will be 
permitted unless otherwise ordered by the Commission.
    Persons filing written submissions must file with the Office of the 
Secretary the original and 12 true copies thereof on or before the 
deadlines stated above. Any person desiring to submit a document (or 
portion thereof) to the Commission in confidence must request 
confidential treatment unless the

[[Page 44283]]

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 is granted by the Commission will be 
treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and under sections 
210.42-.46 of the Commission's Rules of Practice and Procedure (19 CFR 
210.42-.46).

    By order of the Commission.

    Issued: July 22, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-18518 Filed 7-27-10; 8:45 am]
BILLING CODE 7020-02-P