In the Matter of Certain Devices Having Elastomeric Gel and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety, 13434-13435 [2011-5680]

Download as PDF srobinson on DSKHWCL6B1PROD with NOTICES 13434 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices (3) If the term ‘‘oven’’ is construed broadly, then is the claim invalid based on a failure to satisfy the written description and enablement requirements? For example, does the specification disclose that the antistiction compound can be heated within a vacuum line or a device for programming? (4) The ALJ determined that the ‘374 patent did not disclose the limitation ‘‘exposing said wafer, substantially at room temperature, to the vapor of a compound having anti-stiction properties’’ of claim 34 of the ’614 patent, finding that a table found at column 5 of the ‘374 does not disclose a ‘‘process whereby the anti-stiction compound is deposited on a wafer ‘substantially at room temperature.’ ’’ ID at 108–09. Can the required disclosure be found in the ‘374 at cols. 4:59–5:62? In addressing these issues, the parties are requested to make specific reference to the evidentiary record and to cite relevant authority. In connection with the final disposition of this investigation, the Commission may issue an order that results in the exclusion of the subject articles from entry into the United States. Accordingly, the Commission is interested in receiving written submissions that address the form of remedy, if any, that should be ordered. If a party seeks exclusion of an article from entry into the United States for purposes other than entry for consumption, the party should so indicate and provide information establishing that activities involving other types of entry either are adversely affecting it or likely to do so. For background, see In the Matter of Certain Devices for Connecting Computers via Telephone Lines, Inv. No. 337–TA–360, USITC Pub. No. 2843 (December 1994) (Commission Opinion). When the Commission contemplates some form of remedy, it must consider the effects of that remedy upon the public interest. The factors the Commission will consider include the effect that an exclusion order and/or cease and desist orders would have on (1) The public health and welfare, (2) competitive conditions in the U.S. economy, (3) U.S. production of articles that are like or directly competitive with those that are subject to investigation, and (4) U.S. consumers. The Commission is therefore interested in receiving written submissions that address the aforementioned public interest factors in the context of this investigation, particularly in the context of the ALJ’s recommendations on remedy. VerDate Mar<15>2010 17:08 Mar 10, 2011 Jkt 223001 When the Commission orders some form of remedy, the U.S. Trade Representative, as delegated by the President, has 60 days to approve or disapprove the Commission’s action. See section 337(j), 19 U.S.C. 1337(j) and the Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the subject articles would be entitled to enter the United States under bond, in an amount determined by the Commission. The Commission is therefore interested in receiving submissions concerning the amount of the bond that should be imposed if a remedy is ordered. Written Submissions: The parties to the investigation are requested to file written submissions on the issues under review in response to the abovereferenced questions. The submissions should be concise and thoroughly referenced to the record in this investigation. Parties to the investigation, interested government agencies, and any other interested parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding, and such submissions should address the recommended determination by the ALJ on remedy and bonding. The complainant and the Commission investigative attorney are also requested to submit proposed remedial orders for the Commission’s consideration. Complainant is also requested to state the dates that the patents at issue expire and the HTSUS numbers under which the accused articles are imported. The written submissions and proposed remedial orders must be filed no later than close of business on March 18, 2011. Reply submissions must be filed no later than the close of business on March 25, 2011. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document and 12 true copies thereof on or before the deadlines stated above with the Office of the Secretary. Any person desiring to submit a document to the Commission in confidence must request confidential treatment unless the 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 210.6. Documents for which confidential treatment by the Commission is sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. The authority for the Commission’s PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 determination is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in sections 210.42–46 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.42–46. By order of the Commission. Issued: March 7, 2011. James R. Holbein, Acting Secretary to the Commission. [FR Doc. 2011–5673 Filed 3–10–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–732] In the Matter of Certain Devices Having Elastomeric Gel and Components Thereof; Notice of a Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety 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. 20) of the presiding administrative law judge (‘‘ALJ’’) in the above-captioned investigation terminating the investigation in its entirety. SUMMARY: FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3116. 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 https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// www.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 August 4, 2010, based on the complaint, as supplemented, of E:\FR\FM\11MRN1.SGM 11MRN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices Interactive Life Forms, LLC of Austin, Texas (‘‘ILF’’). 75 FR 47027 (Aug. 4, 2010). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain devices having elastomeric gel and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 5,782,818 and 5,807,360. The complaint originally named 26 respondents, including Polydigitech Inc. of Schaumburg, Illinois (‘‘Polydigitech’’), and Satistic, LLC of Las Vegas, Nevada (‘‘Satistic’’). The complaint was later amended, as was the notice of investigation, to add two respondents and correct the identification of two original respondents. 75 FR 64742 (Oct. 20, 2010). Since institution, Satistic has been found in default and all remaining respondents, save Polydigitech, have been terminated from the investigation based upon consent order stipulations and consent orders or based upon settlement. On December 29, 2010, ILF filed a motion to terminate the investigation in its entirety, in which it represented that it is not seeking entry of a limited exclusion order, a cease and desist order, or any other relief despite Satistic having been found in default. ILF further represented that it had decided to withdraw its complaint against Polydigitech, the last remaining respondent in the investigation, because its allegations against Polydigitech were based upon that firm’s distribution of products manufactured by original respondent TENGA Co., Ltd. of Tokyo, Japan, which has since entered into a consent order and been terminated from the investigation. ILF also stated that neither Polydigitech nor the Commission investigative attorney opposed the motion. On January 28, 2011, the ALJ issued the subject ID. Given ILF’s decision not to seek any relief against the defaulted party, and finding no extraordinary circumstances that would preclude the Commission from terminating the investigation in its entirety based on the withdrawal of the complaint as to Polydigitech, the only remaining respondent in the investigation, the ALJ granted ILF’s unopposed motion. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and Commission Rules 210.21, 210.42 (19 CFR 210.21, 210.42). VerDate Mar<15>2010 17:08 Mar 10, 2011 Jkt 223001 By order of the Commission. Issued: February 17, 2011. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. 2011–5680 Filed 3–10–11; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE [OMB Number 1103–0094] Agency Information Collection Activities: Extension of a Previously Approved Collection; Comments Requested 60-Day Notice of Information Collection Under Review: Department Annual Progress Report. ACTION: The Department of Justice (DOJ) Office of Community Oriented Policing Services (COPS) 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 revision of a currently approved information collection is published to obtain comments from the public and affected agencies. The purpose of this notice is to allow for 60 days for public comment until May 10, 2011. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Ashley Hoornstra, Department of Justice Office of Community Oriented Policing Services, 145 N Street, NE., Washington, DC 20530. Written comments concerning this information collection should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: DOJ Desk Officer. The best way to ensure your comments are received is to e-mail them to oira_submission@omb.eop.gov or fax them to 202–395–7285. All comments should reference the 8 digit OMB number for the collection or the title of the collection. If you have questions concerning the collection, please call Ashley Hoornstra at 202–616–1314 or the DOJ Desk Officer at 202–395–3176. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: PO 00000 Frm 00098 Fmt 4703 Sfmt 9990 13435 —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection (1) Type of Information Collection: Extension of a previously approved collection; comments requested. (2) Title of the Form/Collection: Department Annual Progress Report. (3) Agency form number, if any, and the applicable component of the Department sponsoring the collection: None. U.S. Department of Justice Office of Community Oriented Policing Services. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Law enforcement and public safety agencies that are recipients of COPS hiring grants. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that approximately 100 respondents can complete the report in an average of 1 hour. (6) An estimate of the total public burden (in hours) associated with the collection: 100 total burden hours. If additional information is required contact: Lynn Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, 145 N Street, NE., Suite 2E–502, Washington, DC 20530. Dated: March 8, 2011. Lynn Murray, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. 2011–5678 Filed 3–10–11; 8:45 am] BILLING CODE 4410–AT–P E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13434-13435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5680]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-732]


In the Matter of Certain Devices Having Elastomeric Gel and 
Components Thereof; Notice of a Commission Determination Not To Review 
an Initial Determination Terminating the Investigation in Its Entirety

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 20) of the presiding administrative law judge 
(``ALJ'') in the above-captioned investigation terminating the 
investigation in its entirety.

FOR FURTHER INFORMATION CONTACT: Mark B. Rees, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3116. 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 
https://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at https://www.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 August 4, 2010, based on the complaint, as supplemented, of

[[Page 13435]]

Interactive Life Forms, LLC of Austin, Texas (``ILF''). 75 FR 47027 
(Aug. 4, 2010). The complaint alleged violations of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain devices 
having elastomeric gel and components thereof by reason of infringement 
of certain claims of U.S. Patent Nos. 5,782,818 and 5,807,360. The 
complaint originally named 26 respondents, including Polydigitech Inc. 
of Schaumburg, Illinois (``Polydigitech''), and Satistic, LLC of Las 
Vegas, Nevada (``Satistic''). The complaint was later amended, as was 
the notice of investigation, to add two respondents and correct the 
identification of two original respondents. 75 FR 64742 (Oct. 20, 
2010). Since institution, Satistic has been found in default and all 
remaining respondents, save Polydigitech, have been terminated from the 
investigation based upon consent order stipulations and consent orders 
or based upon settlement.
    On December 29, 2010, ILF filed a motion to terminate the 
investigation in its entirety, in which it represented that it is not 
seeking entry of a limited exclusion order, a cease and desist order, 
or any other relief despite Satistic having been found in default. ILF 
further represented that it had decided to withdraw its complaint 
against Polydigitech, the last remaining respondent in the 
investigation, because its allegations against Polydigitech were based 
upon that firm's distribution of products manufactured by original 
respondent TENGA Co., Ltd. of Tokyo, Japan, which has since entered 
into a consent order and been terminated from the investigation. ILF 
also stated that neither Polydigitech nor the Commission investigative 
attorney opposed the motion.
    On January 28, 2011, the ALJ issued the subject ID. Given ILF's 
decision not to seek any relief against the defaulted party, and 
finding no extraordinary circumstances that would preclude the 
Commission from terminating the investigation in its entirety based on 
the withdrawal of the complaint as to Polydigitech, the only remaining 
respondent in the investigation, the ALJ granted ILF's unopposed 
motion. No petitions for review of the ID were filed.
    The Commission has determined not to review the subject ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and Commission Rules 
210.21, 210.42 (19 CFR 210.21, 210.42).

    By order of the Commission.

    Issued: February 17, 2011.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2011-5680 Filed 3-10-11; 8:45 am]
BILLING CODE 7020-02-P
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