In the Matter of Certain Composite Wear Components and Welding Products Containing Same; Notice of Commission Determination to Temporarily Rescind Its Limited Exclusion Order and Cease and Desist Order Entered on November 24, 2009 Pending Resolution of Federal Circuit Appeal, 4373-4374 [2011-1421]

Download as PDF Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices The meeting will be in the Bureau of Land Management Butte Field Office (106 North Parkmont) in Butte, Montana. ADDRESSES: This 15member council advises the Secretary of the Interior on a variety of management issues associated with public land management in Montana. During these meetings the council will participate in/ discuss/act upon several topics, including: An update from the Mountain States Transmission Intertie (MSTI) subgroup, and reports from the Butte, Missoula and Dillon field offices. All RAC meetings are open to the public. The public may present written comments to the RAC. Each formal RAC meeting will also have time allocated for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATON CONTACT: David Abrams, Western Montana Resource Advisory Council Coordinator, Butte Field Office, 106 North Parkmont, Butte, Montana 59701, telephone 406– 533–7617. Richard M. Hotaling, District Manager, Western Montana District. [FR Doc. 2011–1443 Filed 1–24–11; 8:45 am] BILLING CODE 4310–DN–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLNM930000 L12200000.PM0000] Notice of Temporary Closure of Caves With Significant Bat Resources on Public Lands in New Mexico Bureau of Land Management, Interior. ACTION: Notice of temporary closure. AGENCY: Notice is hereby given that a temporary closure of caves and abandoned mines (sites) with significant bat resources is in effect on public lands administered by the Bureau of Land Management (BLM) New Mexico to reduce the risk of mortality to bat populations from white-nosed syndrome. SUMMARY: This closure will be in effect from January 25, 2011 and not to exceed January 25, 2013. FOR FURTHER INFORMATION CONTACT: Roger Jaggers, BLM New Mexico State Office Outdoor Recreation Planner, by phone at (505) 954–2184 or by mail at P.O. Box 27115, Santa Fe, New Mexico 87502–0115. Persons who use a mstockstill on DSKH9S0YB1PROD with NOTICES DATES: VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, seven days a week, to leave a message or question with the above individual. A reply would be received during normal business hours. This closure affects the following sites with significant bat resources on lands administered by the respective offices of the BLM: Billy the Kid, Dry, Endless, McKittrick, Rusty Hinge, Sand, Adobe, and Yellowjacket caves administered by the Carlsbad Field Office; Geronimo, U– Bar and Lepto Splat caves administered by Las Cruces District Office; Pronoun Cave Complex administered by the Rio Puerco Field Office; Bat Hole, Big-eared, Corn Sinkhole, Crockett’s, Crystal, Feather, Fly, Fort Stanton, Malpais Madness, Smiley, Sun Spot, Torgac’s, ˜ Torgac’s Annex, Tres Ninos caves, and Martin-Antelope Gyp Cave Complex administered by the Roswell Field Office, and Ladrone Cave administered by the Socorro Field Office. Because of the provisions of the Federal Cave Resource Protection Act of 1988, legal descriptions of these sites are not presented in this notice. Additional information on each affected site is available at the respective BLM offices listed above. In addition to the sites identified above for immediate closure, and under the same conditions and stipulations, the BLM may target and close other sites with significant bat resources to public entry. Criteria and rationale used to identify, select, and close all sites is presented in the WhiteNose Syndrome Interagency Response Plan for New Mexico (November 2010). A copy of this response plan is available to the public by contacting Roger Jaggers, BLM New Mexico State Office Outdoor Recreation Planner, by phone at (505) 954–2184 or by mail at P.O. Box 27115, Santa Fe, New Mexico 87502– 0115. This temporary closure is necessary to reduce the risk of mortality to bat populations from the spread of white-nosed syndrome, a disease responsible for the mortality of over a million hibernating bats in North America. First observed in the State of New York in 2006, the fungus associated with white-nosed syndrome has been documented as far west as Oklahoma. Scientific data indicates that fungal spores associated with the disease may be spread inadvertently among bat hibernation sites by humans, their clothing, or caving gear. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 4373 To inform the public, sites identified for closure would be: (1) Signed and posted in the local BLM office having jurisdiction over the lands to which the order applies; and (2) Posted at places near or at the area to which the closure applies and in such manner and location as is reasonable to bring the closure to the attention of users. Under the authority of Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a), 43 CFR 8360.0–7, and 43 CFR 8364.1, the BLM will close the sites identified above to physical entry. The location and amount of public land identified for closure is limited to each site and those lands immediately surrounding the point of entry. Exemptions will be granted for persons conducting search and rescue operations; approved white-nosed syndrome-related monitoring, research, or surveys; underground abandoned mine surveys and closures; and those authorized for activities granted by applicable mining laws. At a minimum, the BLM offices will require decontamination procedures to be followed by all exempted parties. Any person who violates the closure order may be tried before a United States Magistrate and fined no more than $1,000, imprisoned for no more than 12 months, or both. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Authority: 43 CFR 8364.1. William Merhege, Acting State Director. [FR Doc. 2011–1451 Filed 1–24–11; 8:45 am] BILLING CODE 4310–FB–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–644] In the Matter of Certain Composite Wear Components and Welding Products Containing Same; Notice of Commission Determination to Temporarily Rescind Its Limited Exclusion Order and Cease and Desist Order Entered on November 24, 2009 Pending Resolution of Federal Circuit Appeal U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to temporarily rescind its exclusion order SUMMARY: E:\FR\FM\25JAN1.SGM 25JAN1 mstockstill on DSKH9S0YB1PROD with NOTICES 4374 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices and cease and desist order entered on November 24, 2009 against respondents AIA Engineering Limited and Vega Industries Ltd. (‘‘AIA’’) in the subject investigation, pending resolution of the validity of United States Patent No. RE39,998 by the United States Court of Appeals for the Federal Circuit. FOR FURTHER INFORMATION CONTACT: Jia Chen, Esq., 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 April 21, 2008, based on a complaint filed by Magotteaux International S/A and Magotteaux Inc. (‘‘Magotteaux’’). 73 FR 22431 (Apr. 25, 2008). The complaint, as supplemented, 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, or the sale within the United States after importation of certain composite wear components and products containing the same that infringe certain claims of U.S. Patent No. RE39,998. The complaint named Fonderie Acciaiere Rioale S.P.A. (‘‘FAR’’) and AIA as respondents. FAR was subsequently terminated from the investigation on the basis of a settlement agreement, leaving AIA as the remaining respondent. On November 24, 2009, the Commission issued a limited exclusion order and a cease and desist order against AIA, who was found by the ALJ to be in default. The limited exclusion order prohibits the unlicensed entry for consumption of composite wear components and products containing the same that are covered by one or more of claims 12–13 and 16–21 of the ‘998 patent and that are manufactured abroad by or on behalf of, or are imported by or on behalf of, AIA or any VerDate Mar<15>2010 18:40 Jan 24, 2011 Jkt 223001 of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. 74 FR 62814 (Dec. 1, 2009). The cease and desist order covers products that infringe claims 12–13 and 16–21 of the ‘998 patent and is directed to domestic respondent Vega Industries and any of its principals, stockholders, officers, directors, employees, agents, licensees, distributors, controlled and majority owned business entities, successors, and assigns. Id. On September 3, 2010, the ‘998 patent was declared invalid by the District Court for the Middle District of Tennessee in a declaratory judgment action filed by AIA against Magotteaux. On September 28, 2010, Magotteaux noticed an appeal of the district court’s decision to the Court of Appeals for the Federal Circuit. On October 5, 2010, AIA filed a petition under 19 U.S.C. 1337(k) and 19 CFR 210.76 asking the Commission to rescind its November 24, 2009 exclusion order and cease and desist order in light of the district court’s holding invalidating the ‘998 patent. Complainant Magotteaux opposed the petition on October 15, 2010 and requested that the Commission hold a public hearing. The Commission investigative attorney did not file a formal response, but did provide copies of certain Commission opinions referenced by Magotteaux in its opposition that were unavailable to the parties via the Commission’s EDIS database. On October 21, 2010, Magotteaux filed a motion for leave to supplement its October 15, 2010 response. On October 27, 2010, AIA filed a motion for leave to file a reply to Magotteaux’s response and supplement response. On November 1, 2010, the Commission granted both motions for leave. On November 11, 2010, Magotteaux moved for leave to file a sur-reply in response to AIA’s Reply. On November 19, 2010, AIA opposed the motion. On November 29, 2009, the Commission granted Magotteaux’s motion for leave to file a sur-reply, but indicated that no further briefing was expected. After consideration of the petition and the responses and replies thereto, the Commission has determined to temporarily rescind its limited exclusion order and cease and desist order entered on November 24, 2009 against AIA pending resolution on appeal of the district court’s decision by the Federal Circuit. The Commission’s remedial orders will become permanently rescinded if the Federal Circuit affirms the district court’s judgment with respect to claims 12–13 and 16–21 of the ‘998 patent, i.e., the PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 claims covered by the Commission’s remedial orders, and will be reinstated if the Federal Circuit reverses the district court’s judgment with respect to those claims. The Commission has determined to deny Magotteaux’s request for a public hearing. 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 210.76(b) of the Commission’s Rules of Practice and Procedure (19 CFR 210.76(b)). By order of the Commission. Issued: January 18, 2011. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2011–1421 Filed 1–24–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–742] Certain Digital Televisions And Components Thereof; Notice of Commission Determination Not To Review an Initial Determination Granting Complainant’s Motion To Amend the Complaint and Notice of the Investigation 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. 5) of the presiding administrative law judge (‘‘ALJ’’) granting complainant’s motion to amend the complaint and notice of the investigation. FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202– 205–3152. Copies of the ID and all other nonconfidential 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. Hearingimpaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202– 205–1810. General information concerning the Commission may also be obtained by accessing its Internet server SUMMARY: E:\FR\FM\25JAN1.SGM 25JAN1

Agencies

[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4373-4374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1421]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-644]


In the Matter of Certain Composite Wear Components and Welding 
Products Containing Same; Notice of Commission Determination to 
Temporarily Rescind Its Limited Exclusion Order and Cease and Desist 
Order Entered on November 24, 2009 Pending Resolution of Federal 
Circuit Appeal

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to temporarily rescind its exclusion order

[[Page 4374]]

and cease and desist order entered on November 24, 2009 against 
respondents AIA Engineering Limited and Vega Industries Ltd. (``AIA'') 
in the subject investigation, pending resolution of the validity of 
United States Patent No. RE39,998 by the United States Court of Appeals 
for the Federal Circuit.

FOR FURTHER INFORMATION CONTACT: Jia Chen, Esq., 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 April 21, 2008, based on a complaint filed by Magotteaux 
International S/A and Magotteaux Inc. (``Magotteaux''). 73 FR 22431 
(Apr. 25, 2008). The complaint, as supplemented, 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, or the 
sale within the United States after importation of certain composite 
wear components and products containing the same that infringe certain 
claims of U.S. Patent No. RE39,998. The complaint named Fonderie 
Acciaiere Rioale S.P.A. (``FAR'') and AIA as respondents. FAR was 
subsequently terminated from the investigation on the basis of a 
settlement agreement, leaving AIA as the remaining respondent.
    On November 24, 2009, the Commission issued a limited exclusion 
order and a cease and desist order against AIA, who was found by the 
ALJ to be in default. The limited exclusion order prohibits the 
unlicensed entry for consumption of composite wear components and 
products containing the same that are covered by one or more of claims 
12-13 and 16-21 of the `998 patent and that are manufactured abroad by 
or on behalf of, or are imported by or on behalf of, AIA or any of 
their affiliated companies, parents, subsidiaries, or other related 
business entities, or their successors or assigns. 74 FR 62814 (Dec. 1, 
2009). The cease and desist order covers products that infringe claims 
12-13 and 16-21 of the `998 patent and is directed to domestic 
respondent Vega Industries and any of its principals, stockholders, 
officers, directors, employees, agents, licensees, distributors, 
controlled and majority owned business entities, successors, and 
assigns. Id.
    On September 3, 2010, the `998 patent was declared invalid by the 
District Court for the Middle District of Tennessee in a declaratory 
judgment action filed by AIA against Magotteaux. On September 28, 2010, 
Magotteaux noticed an appeal of the district court's decision to the 
Court of Appeals for the Federal Circuit. On October 5, 2010, AIA filed 
a petition under 19 U.S.C. 1337(k) and 19 CFR 210.76 asking the 
Commission to rescind its November 24, 2009 exclusion order and cease 
and desist order in light of the district court's holding invalidating 
the `998 patent. Complainant Magotteaux opposed the petition on October 
15, 2010 and requested that the Commission hold a public hearing. The 
Commission investigative attorney did not file a formal response, but 
did provide copies of certain Commission opinions referenced by 
Magotteaux in its opposition that were unavailable to the parties via 
the Commission's EDIS database. On October 21, 2010, Magotteaux filed a 
motion for leave to supplement its October 15, 2010 response. On 
October 27, 2010, AIA filed a motion for leave to file a reply to 
Magotteaux's response and supplement response. On November 1, 2010, the 
Commission granted both motions for leave. On November 11, 2010, 
Magotteaux moved for leave to file a sur-reply in response to AIA's 
Reply. On November 19, 2010, AIA opposed the motion. On November 29, 
2009, the Commission granted Magotteaux's motion for leave to file a 
sur-reply, but indicated that no further briefing was expected.
    After consideration of the petition and the responses and replies 
thereto, the Commission has determined to temporarily rescind its 
limited exclusion order and cease and desist order entered on November 
24, 2009 against AIA pending resolution on appeal of the district 
court's decision by the Federal Circuit. The Commission's remedial 
orders will become permanently rescinded if the Federal Circuit affirms 
the district court's judgment with respect to claims 12-13 and 16-21 of 
the `998 patent, i.e., the claims covered by the Commission's remedial 
orders, and will be reinstated if the Federal Circuit reverses the 
district court's judgment with respect to those claims. The Commission 
has determined to deny Magotteaux's request for a public hearing.
    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 210.76(b) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.76(b)).

    By order of the Commission.

     Issued: January 18, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-1421 Filed 1-24-11; 8:45 am]
BILLING CODE 7020-02-P