In the Matter of: Certain Automated Media Library Devices; Notice of Investigation, 71735-71736 [2010-29552]

Download as PDF Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices the Ethics in Government Act and 5 CFR part 2634, which includes completing a confidential financial disclosure report. Materials are provided to members that will explain their ethical obligations. Consistent with the ethics requirements, members must endeavor to avoid any actions that would cause the public to question the integrity of the Committee’s operations, activities, or advice. Members are subject to all other ethics regulations that are imposed upon them by an organization other than the Federal government. This would include those imposed by the University for which they work or those imposed by a professional organization (such as the Hippocratic Oath for physicians, etc.) The Obama Administration prohibits individuals who are currently federally registered lobbyists to serve on all FACA and non-FACA boards, committees, or councils. Interested individuals should email a ´ letter of interest and resume no later then December 17, 2010, to Ms. Phyllis Clark at Phyllis.Clark@boemre.gov. If you prefer, you may send them to Ms. Clark at BOEMRE, Offshore Energy and Minerals Management, 381 Elden Street, Mail Stop 4041, Herndon, Virginia 20170. She may be reached by telephone at (703) 787–1716. Authority: Federal Advisory Committee Act, Pub. L. 92–463, 5 U.S.C., Appendix I, and the Office of Management and Budget’s Circular A–63, Revised. Dated: October 26, 2010. Robert P. LaBelle, Acting Associate Director for Offshore Energy and Minerals Management. [FR Doc. 2010–29642 Filed 11–23–10; 8:45 am] BILLING CODE 4310–MR–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–746] In the Matter of: Certain Automated Media Library Devices; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. WReier-Aviles on DSKGBLS3C1PROD with NOTICES AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 19, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Overland Storage, Inc. of San Diego, California. A letter supplementing the complaint was filed on November 9, 2010. The SUMMARY: VerDate Mar<15>2010 15:30 Nov 23, 2010 Jkt 223001 complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain automated media library devices by reason of infringement of certain claims of U.S. Patent No. 6,328,766 (‘‘the ‘766 patent’’) and U.S. Patent No. 6,353,581 (‘‘the ‘581 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone 202–205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202–205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server at 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. FOR FURTHER INFORMATION CONTACT: Lisa A. Murray, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2574. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2010). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 17, 2010, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain automated media library devices that infringe one or more of claims 1–11 of the ‘766 patent and PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 71735 claims 1, 2, 5–12, and 15–19 of the ‘581 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Overland Storage, Inc., 9112 Spectrum Center Blvd., San Diego, CA 92123. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: BDT AG, Saline 29, 78628 Rottweil, Germany. BDT–Solutions GmbH & Co. KG, Saline 29, 78628 Rottweil, Germany. BDT Automation Technology (Zhuhai FTZ), Co., Ltd., No. 51 Free Trade Zone, Zhuhai Guangdong, P.R. China (Postcode 519030). ´ BDT de Mexico, S. de R.L. de C.V., Av. El Bosque 1220, Parque Industrial El Bosque II, 45590 Tlaquepaque, Jalisco, Mexico. BDT Products, Inc., 17222 Armstrong Ave., Irvine, CA 92614. Dell Inc., One Dell Way, Round Rock, TX 78682. International Business Machines Corp., 1 New Orchard Road, Armonk, NY 10504–1722. (c) The Commission investigative attorney, party to this investigation, is Lisa A. Murray, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d)–(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the E:\FR\FM\24NON1.SGM 24NON1 71736 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: November 18, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–29552 Filed 11–23–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–748] In the Matter of: Certain Data Storage Products and Components Thereof; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 20, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Data Network Storage, LLC of Newport Beach, California. A supplement to the complaint was filed on November 10, 2010. The complaint as supplemented alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain data storage products and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,098,128 (‘‘the ‘128 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone WReier-Aviles on DSKGBLS3C1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:30 Nov 23, 2010 Jkt 223001 202–205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202–205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server at 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. FOR FURTHER INFORMATION CONTACT: Jeffrey T. Hsu, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2571. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2010). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 17, 2010, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain data storage products and components thereof that infringe one or more of claims 1–8 of the ‘128 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: Data Network Storage, LLC, 500 Newport Center Drive, 7th Floor, Newport Beach, CA 92660. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: NetApp, Inc., 495 East Java Drive, Sunnyvale, CA 94089. Dell, Inc., One Dell Way, Round Rock, TX 78682. Xyratex, Ltd., 46831 Lakeview Blvd., Fremont, CA 94538. Xyratex International Inc., 855 Riverside Parkway, Suite 40, West Sacramento, CA 95605. PO 00000 Frm 00071 Fmt 4703 Sfmt 9990 Xyratex (Malaysia) Sdn Bhd, No. C–7– 2 (Level 2) Bay Avenue, Lorong Bayan Indah 3, 1900 Penang, Malaysia. Dot Hill Systems Corp., 1351 S. Sunset Street, Longmont, CO 80501. International Business Machines Corporation, One New Orchard Road, Armonk, NY 10504. Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134. QNAP Systems, Inc., 166 University Parkway, Pomona, CA 91768. (c) The Commission investigative attorney, party to this investigation, is Jeffrey T. Hsu, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d)–(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: November 18, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–29554 Filed 11–23–10; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\24NON1.SGM 24NON1

Agencies

[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Notices]
[Pages 71735-71736]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29552]


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 INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-746]


In the Matter of: Certain Automated Media Library Devices; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 19, 2010, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Overland Storage, Inc. of San Diego, California. A letter supplementing 
the complaint was filed on November 9, 2010. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain automated media library devices by reason 
of infringement of certain claims of U.S. Patent No. 6,328,766 (``the 
`766 patent'') and U.S. Patent No. 6,353,581 (``the `581 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server at 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.

FOR FURTHER INFORMATION CONTACT: Lisa A. Murray, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2574.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2010).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 17, 2010, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain automated 
media library devices that infringe one or more of claims 1-11 of the 
`766 patent and claims 1, 2, 5-12, and 15-19 of the `581 patent, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Overland Storage, Inc., 9112 Spectrum 
Center Blvd., San Diego, CA 92123.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

BDT AG, Saline 29, 78628 Rottweil, Germany.
BDT-Solutions GmbH & Co. KG, Saline 29, 78628 Rottweil, Germany.
BDT Automation Technology (Zhuhai FTZ), Co., Ltd., No. 51 Free Trade 
Zone, Zhuhai Guangdong, P.R. China (Postcode 519030).
BDT de M[eacute]xico, S. de R.L. de C.V., Av. El Bosque 1220, Parque 
Industrial El Bosque II, 45590 Tlaquepaque, Jalisco, Mexico.
BDT Products, Inc., 17222 Armstrong Ave., Irvine, CA 92614.
Dell Inc., One Dell Way, Round Rock, TX 78682.
International Business Machines Corp., 1 New Orchard Road, Armonk, NY 
10504-1722.

    (c) The Commission investigative attorney, party to this 
investigation, is Lisa A. Murray, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the

[[Page 71736]]

allegations of the complaint and this notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the complaint and 
this notice and to enter an initial determination and a final 
determination containing such findings, and may result in the issuance 
of an exclusion order or a cease and desist order or both directed 
against the respondent.

    Issued: November 18, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-29552 Filed 11-23-10; 8:45 am]
BILLING CODE 7020-02-P
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