Record of Vote of Meeting Closure, 71147 [2010-29354]
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Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices
Hills, Illinois (collectively, ‘‘Fuji
respondents’’); E. Zoller GmbH & Co. KG
of Germany and Zoller, Inc. of Ann
Arbor, Michigan (collectively, ‘‘Zoller
respondents’’); IDS Imaging
Development Systems GmbH of
Germany and IDS Development
Systems, Inc. of Woburn, Massachusetts
(collectively, ‘‘IDS respondents’’); Delta
Design, Inc. (‘‘Delta’’) of Poway,
California; Subtechnique, Inc.
(‘‘Subtechnique’’) of Alexandria,
Virginia; Rasco GmbH (‘‘Rasco’’) of
Germany; MVTec Software GmbH of
Germany and MVTec LLC of Cambridge,
Massachusetts (collectively, ‘‘MVTech
respondents’’); Omron Corporation
(‘‘Omron’’) of Japan, Resolution
Technology, Inc. (‘‘Resolution’’) of
Dublin, Ohio; Visics Corp. (‘‘Visics’’) of
Wellesley, Massachusetts; Daiichi
Jitsugyo Viswill Co., Ltd. of Japan; and
Daiichi Jitsugyo (America), Inc. of Wood
Dale, Illinois (collectively, ‘‘Daiichi
respondents’’).
On November 19, 2009, the
Commission issued notice of its
decisions not to review IDs terminating
the investigation as to the Multitest
respondents and the Yxlon respondents
based on a consent order and settlement
agreement. On February 16, 2010, the
Commission issued notice of its
decisions not to review IDs terminating
the investigation as to Amistar based on
a consent order and settlement
agreement, and as to Techno Soft based
on partial withdrawal of the complaint.
On April 20, 2010, the Commission
issued notice of its decision not to
review an ID terminating the
investigation as to the Fuji respondents
based on a settlement agreement. On
May 5, 2010, the Commission issued
notice of its decisions not to review IDs
terminating the investigation as to the
Multitest respondents based on a
consent order and settlement agreement,
and as to the Zoller respondents, the
IDS respondents, and Delta based on
partial withdrawal of the complaint. On
June 11, 2010, the Commission issued
notice of its decision not to review an
ID terminating the investigation as to
Subtechnique based on a consent order.
On June 18, 2010, the Commission
issued notice of its decision not to
review an ID terminating the
investigation as to Rasco based on a
consent order and settlement agreement
(notice of rescission and issuance of
revised order on July 6, 2010).
The respondents remaining in the
investigation include: MVTec
respondents, Omron, Resolution, Visics,
and the Daiichi respondents.
On April 9, 2010, the Commission
issued notice of its decision not to
review an ID terminating the
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investigation as to the ’112 patent on the
basis of partial withdrawal of the
complaint. On April 20, 2010, the
Commission issued notice of its
decision not to review an ID granting
complainants’ motion for summary
determination on the economic prong of
the domestic industry requirement with
respect to the remaining asserted
patents, the ’539 and ’262 patents. On
May 18, 2010, the Commission issued
notice of its decision not to review an
ID granting complainants’ motion for
summary determination that the
importation element under Section
337(a)(1)(B) has been satisfied as to the
MVTech respondents, Omron, and the
Daiichi respondents.
On July 16, 2010, the ALJ issued his
final ID finding no violation of section
337 by the remaining respondents. He
concluded that each accused product
did not infringe any asserted claim of
the ’539 or ’262 patents. Also, he found
that claims 1, 12, 13, 28, and 29 of the
’262 patent are anticipated under 35
U.S.C. 102. Further, he found that all
asserted claims of both patents are
invalid, pursuant to 35 U.S.C. 101, for
failure to claim patent-eligible subject
matter. On August 2, 2010,
complainants, respondents, and the
Commission investigative attorney each
filed a petition for review of the final ID.
Each party filed responses to the other
parties’ petitions on August 10, 2010.
On September 24, 2010, the
Commission issued notice of its
determination to review only the
following: (1) Relating to the ’539
patent, the ALJ’s construction of the
claim terms ‘‘test,’’ ‘‘match score
surface,’’ and ‘‘gradient direction,’’ all of
his infringement findings except for the
claim steps containing the limitations
‘‘locating local maxima’’ and ‘‘comparing
the magnitude of each local maxima,’’
and his invalidity and domestic
industry findings; (2) the ALJ’s finding
that the ’539 and ’262 patents are
invalid, pursuant to section 101, for
failure to claim patent-eligible subject
matter; and (3) the ALJ’s findings
concerning anticipation of claims 1, 12,
13, 28, and 29 of the ’262 patent.
The Commission requested the parties
to respond to a certain question
concerning issue (1) under review. 75
FR 60478–80 (September 30, 2010). On
October 8 and 15, 2010, respectively,
complainants, respondents, and the
Commission investigative attorney filed
briefs and reply briefs on the issue for
which the Commission requested
written submissions.
Having reviewed the record in this
investigation, including the final ID and
the parties’ briefing, the Commission
has determined to: (1) Modify-in-part
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71147
the final ID and issue an Opinion
supplementing the ID’s analysis
concerning its finding that the ’539 and
’262 patents fail to claim patent-eligible
subject matter pursuant to section 101;
(2) set aside the ID’s finding that claims
1, 12, 13, 28, and 29 of the ’262 patent
are invalid as anticipated; and (3) affirm
all other findings of the ID under
review. The Commission terminates the
investigation with a finding of no
violation of section 337.
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: November 16, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–29302 Filed 11–19–10; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
United States Parole Commission
Record of Vote of Meeting Closure
(Pub. L. 94–409) (5 U.S.C. Sec. 552b)
I, Isaac Fulwood, of the United States
Parole Commission, was present at a
meeting of said Commission, which
started at approximately 10:30 a.m., on
Tuesday, November 9, 2010, at the U.S.
Parole Commission, 5550 Friendship
Boulevard, 4th Floor, Chevy Chase,
Maryland 20615. The purpose of the
meeting was to decide eleven petitions
for reconsideration pursuant to 28 CFR
2.27. Four Commissioners were present,
constituting a quorum when the vote to
close the meeting was submitted.
Public announcement further
describing the subject matter of the
meeting and certifications of General
Counsel that this meeting may be closed
by vote of the Commissioners present
were submitted to the Commissioners
prior to the conduct of any other
business. Upon motion duly made,
seconded, and carried, the following
Commissioners voted that the meeting
be closed: Isaac Fulwood, Cranston J.
Mitchell and Patricia K. Cushwa, J.
Patricia Wilson Smoot.
In witness whereof, I make this
official record of the vote taken to close
this meeting and authorize this record to
be made available to the public.
Dated: November 10, 2010.
Isaac Fuiwood,
Chairman, U.S. Parole Commission.
[FR Doc. 2010–29354 Filed 11–19–10; 8:45 am]
BILLING CODE 4410–01–M
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[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Page 71147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29354]
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DEPARTMENT OF JUSTICE
United States Parole Commission
Record of Vote of Meeting Closure
(Pub. L. 94-409) (5 U.S.C. Sec. 552b)
I, Isaac Fulwood, of the United States Parole Commission, was
present at a meeting of said Commission, which started at approximately
10:30 a.m., on Tuesday, November 9, 2010, at the U.S. Parole
Commission, 5550 Friendship Boulevard, 4th Floor, Chevy Chase, Maryland
20615. The purpose of the meeting was to decide eleven petitions for
reconsideration pursuant to 28 CFR 2.27. Four Commissioners were
present, constituting a quorum when the vote to close the meeting was
submitted.
Public announcement further describing the subject matter of the
meeting and certifications of General Counsel that this meeting may be
closed by vote of the Commissioners present were submitted to the
Commissioners prior to the conduct of any other business. Upon motion
duly made, seconded, and carried, the following Commissioners voted
that the meeting be closed: Isaac Fulwood, Cranston J. Mitchell and
Patricia K. Cushwa, J. Patricia Wilson Smoot.
In witness whereof, I make this official record of the vote taken
to close this meeting and authorize this record to be made available to
the public.
Dated: November 10, 2010.
Isaac Fuiwood,
Chairman, U.S. Parole Commission.
[FR Doc. 2010-29354 Filed 11-19-10; 8:45 am]
BILLING CODE 4410-01-M
