In the Matter of Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof; Notice of Investigation, 80843-80844 [2010-32213]

Download as PDF Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Notices This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.50(a)(4) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.50(a)(4)). By order of the Commission. Issued: December 17, 2010. Marilyn R. Abbott, Secretary to the Commission. Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 22, 2010, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Motorola Mobility, Inc. of Libertyville, Illinois and General Instrument Corporation of Horsham, Pennsylvania. On December 14 and 15, 2010, complainants filed supplemental materials. 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 gaming and entertainment consoles, related software, and components thereof by reason of infringement of certain claims of U.S. Patent No. 5,319,712 (‘‘the ‘712 patent’’); U.S. Patent No. 5,357,571 (‘‘the ‘571 patent’’); U.S. Patent No. 6,069,896 (‘‘the ‘896 patent’’); U.S. Patent No. 6,980,596 (‘‘the ‘596 patent’’); and U.S. Patent No. 7,162,094 (‘‘the ‘094 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue an exclusion order and a cease and desist order. 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 SUMMARY: INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–282 (Third Review)] Petroleum Wax Candles From China Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (Commission) determines, pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 1675(c)), that revocation of the antidumping duty order on petroleum wax candles from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted this review on July 1, 2010 (75 FR 38121) and determined on October 4, 2010 that it would conduct an expedited review (75 FR 63200, October 14, 2010). The Commission transmitted its determination in this review to the Secretary of Commerce on December 16, 2010. The views of the Commission are contained in USITC Publication 4207 (December 2010), entitled Petroleum Wax Candles from China: Investigation No. 731–TA–282 (Third Review). mstockstill on DSKH9S0YB1PROD with NOTICES In the Matter of Certain Gaming and Entertainment Consoles, Related Software, and Components Thereof; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. BILLING CODE 7020–02–P Issued: December 17, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–32212 Filed 12–22–10; 8:45 am] BILLING CODE 7020–02–P 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 18:06 Dec 22, 2010 [Inv. No. 337–TA–752] AGENCY: [FR Doc. 2010–32211 Filed 12–22–10; 8:45 am] VerDate Mar<15>2010 INTERNATIONAL TRADE COMMISSION Jkt 223001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 80843 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. FOR FURTHER INFORMATION CONTACT: Anne Goalwin, 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 December 16, 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 gaming and entertainment consoles, related software, and components thereof that infringe one or more of claims 6, 8–10, and 17 of the ‘712 patent; claims 9–18 of the ‘571 patent; claims 1–3 and 12 of the ‘896 patent; claims 1–3, 7, and 8 of the ‘596 patent; and claims 5–8 and 10 of the ‘094 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 complainants are: Motorola Mobility, Inc., 600 North US Highway 45, Libertyville, IL 60048; General Instrument Corporation, 101 Tournament Drive, Horsham, PA 19044. (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052. (c) The Commission investigative attorney, party to this investigation, is Anne Goalwin, 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 E:\FR\FM\23DEN1.SGM 23DEN1 80844 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Notices designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondent 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 the 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. By order of the Commission. Issued: December 17, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–32213 Filed 12–22–10; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–617] In the Matter of Certain Digital Television Products and Certain Products Containing Same and Methods of Using Same; Enforcement Proceeding; Notice of Commission Decision Not To Review an Initial Determination (Order No. 40) Granting a Motion To Terminate the Enforcement Proceeding; Termination of Proceeding U.S. International Trade Commission. ACTION: Notice. mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge’s (‘‘ALJ’’) initial determination granting complainants’ motion to SUMMARY: VerDate Mar<15>2010 18:06 Dec 22, 2010 Jkt 223001 withdraw the enforcement complaint in the above-captioned proceeding, and has terminated the enforcement proceeding. FOR FURTHER INFORMATION CONTACT: Daniel E. Valencia, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–1999. 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 November 15, 2007, based on a complaint filed by Funai Electric Co., Ltd. of Japan and Funai Corporation of Rutherford, New Jersey (collectively ‘‘Funai’’) against several respondents. 72 FR 64240 (2007). The complaint alleged 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 digital television products and certain products containing same by reason of infringement of one or more claims of U.S. Patent Nos. 6,115,074 (‘‘the ‘074 patent’’) and 5,329,369. On April 10, 2009, the Commission terminated its investigation with a finding of violation of Section 337 by reason of infringement of claims 1, 5, and 23 of the ‘074 patent. 74 FR 17511 (2009). The Commission issued a limited exclusion order prohibiting importation into the United States of certain digital televisions and certain products containing the same that are covered by one or more of claims 1, 5, and 23 of the ‘074 patent and that are manufactured abroad by or on behalf of, or imported by or on behalf of the respondents in the above referenced investigation. On September 11, 2009, the Commission instituted an enforcement proceeding based on an enforcement complaint filed by Funai, alleging that PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 certain respondents violated the Commission’s limited exclusion order and cease and desist orders. 74 FR 46793. On May 26, 2010, the Federal Circuit issued a decision that reversed certain Commission findings of infringement by so-called ‘‘work-around’’ products in the underlying investigation and ordered the Commission to take action consistent with its opinion. See Vizio, Inc. v. Int’l Trade Comm’n, 605 F.3d 1330 (Fed. Cir. 2010). On November 23, 2010, Funai moved to withdraw its enforcement complaint and terminate the enforcement proceeding. No party opposed this motion. The ALJ granted Funai’s motion and issued the subject initial determination (‘‘ID’’). No petitions for review of the ID were filed. The Commission has determined not to review the subject ID, and has terminated the enforcement proceeding. 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 210.42–43 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–43). By order of the Commission. Issued: December 17, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–32214 Filed 12–22–10; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives [OMB Number 1140–0027] Agency Information Collection Activities: Proposed Collection; Comments Requested 30-Day Notice of Information Collection Under Review: User-Limited Permit (Explosives). ACTION: The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register Volume 75, Number 201, page 64356 on E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Pages 80843-80844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32213]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-752]


In the Matter of Certain Gaming and Entertainment Consoles, 
Related Software, and Components Thereof; 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 November 22, 2010, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Motorola Mobility, Inc. of Libertyville, Illinois and General 
Instrument Corporation of Horsham, Pennsylvania. On December 14 and 15, 
2010, complainants filed supplemental materials. 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 gaming and entertainment consoles, related 
software, and components thereof by reason of infringement of certain 
claims of U.S. Patent No. 5,319,712 (``the `712 patent''); U.S. Patent 
No. 5,357,571 (``the `571 patent''); U.S. Patent No. 6,069,896 (``the 
`896 patent''); U.S. Patent No. 6,980,596 (``the `596 patent''); and 
U.S. Patent No. 7,162,094 (``the `094 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and a cease and desist order.

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 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.

FOR FURTHER INFORMATION CONTACT: Anne Goalwin, 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 December 16, 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 gaming and 
entertainment consoles, related software, and components thereof that 
infringe one or more of claims 6, 8-10, and 17 of the `712 patent; 
claims 9-18 of the `571 patent; claims 1-3 and 12 of the `896 patent; 
claims 1-3, 7, and 8 of the `596 patent; and claims 5-8 and 10 of the 
`094 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 complainants are:

Motorola Mobility, Inc., 600 North US Highway 45, Libertyville, IL 
60048;

General Instrument Corporation, 101 Tournament Drive, Horsham, PA 
19044.

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Microsoft Corporation, One Microsoft Way, Redmond, WA 98052.

    (c) The Commission investigative attorney, party to this 
investigation, is Anne Goalwin, 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

[[Page 80844]]

designate the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent 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 the 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.

    By order of the Commission.
    Issued: December 17, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-32213 Filed 12-22-10; 8:45 am]
BILLING CODE 7020-02-P