In the Matter of Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers; Notice of Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest and Bonding, 31983-31985 [2011-13619]

Download as PDF Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 4. Camping is limited to the group camp site within the Cowboy Camp developed recreation site. 5. High Bridge and Cowboy Camp developed recreation sites are open for day use only from one-half hour before sunrise to one-half hour after sunset except for long-term parking for overnight backcountry visitors. Cow Mountain Management Area Cow Mountain is comprised of approximately 51,000 acres of public lands and divided into North and South Cow Mountain. The use of weapons is limited to designated shooting areas except when hunting. emcdonald on DSK2BSOYB1PROD with NOTICES South Cow Mountain OHV (Portion) of Cow Mountain Management Area 1. Operating a motorized vehicle is prohibited within South Cow Mountain OHV unit during wet weather closures (resulting from accumulated precipitation) or administrative closures. 2. Wet Weather Closure—During periods of seasonal and severe storms (beginning October 1)—When total annual precipitation exceeds four inches and at least one-half inch of precipitation has fallen in 24 hours or one inch in 72 hours the authorized officer has determined that motorized vehicles will cause considerable adverse effects upon the soil, vegetation, wildlife, and other resources. Pursuant to 43 CFR 8341.2 the Ukiah Field Office will implement a temporary closure of all routes to all motorized vehicles for a minimum of three days. Once the area has been closed, a field inspection will be completed prior to reopening and daily thereafter to determine suitability of road and trail conditions. When field observations show that motorized vehicle use can occur without causing considerable adverse effects as described in 43 CFR 8341.2, the temporary closure will be terminated. Exceptions to this temporary closure will only be granted to private landowners who need to access their property. Landowners will only be able to access their property via the most direct route and are not allowed to use a motorized vehicle on any other part of the South Cow Mountain OHV Area. Consistent with 43 CFR 8341.2 this policy is subject to modification due to changing resource conditions. North Cow Mountain (Portion) of Cow Mountain Management Area 1. The Mendo-Rock Road, Water Tank Spur, Willow Creek Road, Rifle Range Road, Radio Tower Road, Rifle Range Maintenance Spur, and Mayacmas VerDate Mar<15>2010 16:40 Jun 01, 2011 Jkt 223001 Campground Road are open year round and limited to street legal vehicles only. 2. Routes open during general deer season and limited to street legal vehicles only are Firebreak #1, McClure Creek Ridge Spur, McClure Creek Spur, Sulphur Creek Spur, and Sulphur Creek Ridge Spur. 3. All other routes are closed year round to street legal and motorized vehicles. Knoxville Management Area The Knoxville area contains approximately 24,000 acres of public lands. 1. Use of weapons is prohibited except when legally hunting. 2. Adams Ridge Road is open to street legal vehicles during general deer season. 31983 7. Beach access is permitted only at the designated access trails marked by signs. These locations are mile marker 1.4 and 2.3 from the Highway 1 and Lighthouse Road intersection. 8. Climbing on cliffs and in or around sink holes is prohibited. 9. Dogs must be on a leash no longer than six feet or otherwise physically restricted at all times. 10. Open fires are prohibited. 11. Cutting or collecting firewood is prohibited. 12. Feeding or harassing wildlife is prohibited. 13. Physical removal of any resources including, but not limited to, vegetation, animals, driftwood, and shells, is prohibited. Shooting is allowed in ROS zones Middlecountry and Frontcountry. Section 3 Penalties Any person who violates any of these interim final supplementary rules may be tried before a U.S. Magistrate and fined no more than $1,000 or imprisoned for no more than 12 months, or both. 43 U.S.C. 1733(a); 43 CFR 8360.0–7 and 2932.57(b). Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Black Forest/The Cedars of Sonoma County Management Area A. Este Stifel, Acting Associate State Director. Black Forest includes 247 acres on Mount Konocti just south of Soda Bay on Clear Lake. The Cedars of Sonoma County includes 1,500 acres and is located two miles northeast of the Austin Creek State Recreation Area. The rules identified for the Black Forest and Cedars of Sonoma are consistent with the management direction established in the RMP. 1. Motorized vehicle use is prohibited. 2. Climbing on the cliffs is prohibited. 3. Use of weapons is prohibited except when hunting. [FR Doc. 2011–13728 Filed 6–1–11; 8:45 am] Geysers Management Area Geysers encompasses about 7,100 acres that are public lands. Shooting is allowed in ROS zone Middlecountry. Indian Valley Management Area Stornetta Management Area The 1,132-acre Stornetta Management Area is located along the Mendocino County coastline just north of the town of Point Arena. The rules identified for the Stornetta Management Area are consistent with the management direction established in the RMP. 1. Use of weapons is prohibited. 2. Hunting is prohibited. 3. Hang gliding or paragliding is prohibited. 4. Camping is prohibited. 5. The area is open for day use only from one-half hour before sunrise to one-half hour after sunset. 6. Use of motorized vehicles is prohibited. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 BILLING CODE 4310–40–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–701] In the Matter of Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers; Notice of Commission Determination To Review in Part a Final Initial Determination Finding No Violation of Section 337; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest and Bonding U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the final initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) on March 25, 2011, finding no violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in this investigation. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the General Counsel, U.S. International SUMMARY: E:\FR\FM\02JNN1.SGM 02JNN1 emcdonald on DSK2BSOYB1PROD with NOTICES 31984 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3042. 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 January 28, 2010, based on a complaint filed by Nokia Corporation of Finland and Nokia Inc. of White Plains, New York (collectively, ‘‘Nokia’’). 75 FR 4583–4 (Jan. 28, 2010). The complaint 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, and the sale within the United States after importation of certain electronic devices, including mobile phones, portable music players, and computers by reason of infringement of various claims of United States Patent Nos. 6,895,256 (‘‘the ’256 patent’’); 6,518,957 (‘‘the ’957 patent’’); 6,714,091 (‘‘the ’091 patent’’); 6,834,181 (‘‘the ’181 patent’’); 6,924,789 (‘‘the ’789 patent’’); 6,073,036 (subsequently terminated from the investigation); and 6,262,735 (subsequently terminated from the investigation). The complaint named Apple Inc. of Cupertino, California as respondent. On March 25, 2011, the ALJ issued his final ID, finding no violation of section 337 by Respondents with respect to any of the asserted claims of the asserted patents. Specifically, the ALJ found that the accused products do not infringe the asserted claims of the ’091 patent. The ALJ also found that none of the cited references rendered the asserted claims obvious and that the claims were not invalid under 35 U.S.C. 112 for failure to disclose the best mode. Regarding the ’181 patent, the ALJ found that the accused products do not infringe its asserted claims. The ALJ also found that none of the cited references anticipated or rendered obvious the asserted claims. With respect to the ’256 patent, the ALJ found that the accused products failed VerDate Mar<15>2010 16:40 Jun 01, 2011 Jkt 223001 to literally infringe the asserted claims and failed to infringe under the doctrine of equivalents. The ALJ also found that the asserted claims were not invalid for obviousness and were not rendered unenforceable due to inequitable conduct. Concerning the ’789 patent, the ALJ found that the accused products met all the limitations of asserted claim 5 under the doctrine of equivalents. The ALJ, however, found that the prior act anticipated and rendered asserted claim 5 invalid. The ALJ concluded that an industry exists within the United States that practices the ’789 patent but that a domestic industry does not exist with respect to the ’091 patent, the ’181 patent and the ’256 patent as required by 19 U.S.C. 1337(a)(2) and (3). On April 11, 2011, Nokia and the Commission investigative attorney (‘‘IA’’) filed petitions for review of the ID. That same day, Apple filed a contingent petition for review of the ID. On April 19, 2011, Nokia and Apple filed responses to the various petitions and contingent petition for review. The IA filed a combined response to Nokia’s petition for review and Apple’s contingent petition for review on April 22, 2011. Having examined the record of this investigation, including the ALJ’s final ID, the petitions for review, and the responses thereto, the Commission has determined to review the final ID in part. Specifically, the Commission has determined to review the findings related to the ’181 patent and the ’256 patent. The Commission has determined not to review any issues related to the ’957 patent, the ’091 patent, and the ’789 patent, and terminates those patents from the investigation. The parties are requested to brief their positions on the issues under review with reference to the applicable law and the evidentiary record. In connection with its review, the Commission is particularly interested in responses to the following questions: 1. Does the claim term ‘‘multiple acoustic cavities each having an acoustic volume’’ recited in asserted claim 1 of the ’181 patent require each ‘‘acoustic cavity’’ to possess any particular acoustic property? 2. Assuming that the ’181 patent does not require each ‘‘acoustic cavity’’ to possess any particular acoustic properties, does Marqvardsen (International Publication No. WO 00/ 38475) anticipate asserted claim 1? See ID at 117. 3. Do the accused products satisfy the ‘‘Integrated Mobile Terminal Processor’’ limitation recited in asserted claim 1 of the ’256 patent under the ALJ’s construction of that limitation? See PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 Markman Order (Order No. 53) at 41– 43. In connection with the final disposition of this investigation, the Commission may (1) issue an order that could result in the exclusion of the subject articles from entry into the United States, and/or (2) issue one or more cease and desist orders that could result in the respondent(s) being required to cease and desist from engaging in unfair acts in the importation and sale of such articles. 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). If 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. If 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 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 identified in this notice. Parties to the investigation, interested government agencies, and any other interested E:\FR\FM\02JNN1.SGM 02JNN1 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices parties are encouraged to file written submissions on the issues of remedy, the public interest, and bonding. Such submissions should address the recommended determination by the ALJ on remedy and bonding with respect to the ’256 patent and the ’181 patent. Complainants and the IA are also requested to submit proposed remedial orders for the Commission’s consideration. Complainants are also requested to state the date that the patent expires and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on Thursday, June 9, 2011. Reply submissions must be filed no later than the close of business on Thursday, June 16, 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 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 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–46 and 210.50). Issued: May 26, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–13619 Filed 6–1–11; 8:45 am] emcdonald on DSK2BSOYB1PROD with NOTICES BILLING CODE P FEDERAL TRADE COMMISSION [File No. 101 0021] Irving Oil Limited and Irving Oil Terminals Inc.; Analysis of Proposed Agreement Containing Consent Order To Aid Public Comment AGENCY: Federal Trade Commission. VerDate Mar<15>2010 16:40 Jun 01, 2011 Jkt 223001 ACTION: Proposed Consent Agreement. The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices or unfair methods of competition. The attached Analysis to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent order—embodied in the consent agreement—that would settle these allegations. DATES: Comments must be received on or before June 27, 2011. ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write AIrving Exxon Mobil, File No. 101 0021’’ on your comment, and file your comment online at https:// ftcpublic.commentworks.com/ftc/ irvingexxonmobil, by following the instructions on the Web-based form. If you prefer to file your comment on paper, mail or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Room H–113 (Annex D), 600 Pennsylvania Avenue, NW., Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: Robert E. Friedman (202–326–3316), FTC, Bureau of Competition, 600 Pennsylvania Avenue, NW., Washington, DC 20580. SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 the Commission Rules of Practice, 16 CFR 2.34, notice is hereby given that the above-captioned consent agreement containing a consent order to cease and desist, having been filed with and accepted, subject to final approval, by the Commission, has been placed on the public record for a period of thirty (30) days. The following Analysis to Aid Public Comment describes the terms of the consent agreement, and the allegations in the complaint. An electronic copy of the full text of the consent agreement package can be obtained from the FTC Home Page (for May 26, 2011), on the World Wide Web, at http://www.ftc.gov/ os/actions.shtm. A paper copy can be obtained from the FTC Public Reference Room, Room 130–H, 600 Pennsylvania Avenue, NW., Washington, DC 20580, either in person or by calling (202) 326– 2222. You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before June 10, 2011. Write ‘‘Irving SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 31985 Exxon Mobil, File No. 101 0021’’ on your comment. Your comment B including your name and your state B will be placed on the public record of this proceeding, including, to the extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/ publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals’ home contact information from comments before placing them on the Commission Web site. Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone’s Social Security number, date of birth, driver’s license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any ‘‘[t]rade secret or any commercial or financial information which is obtained from any person and which is privileged or confidential,’’ as provided in Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns, devices, manufacturing processes, or customer names. If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR 4.9(c).1 Your comment will be kept confidential only if the FTC General Counsel, in his or her sole discretion, grants your request in accordance with the law and the public interest. Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at https:// ftcpublic.commentworks.com/ftc/ southwesthealthalliances by following the instructions on the Web-based form. If this Notice appears at http:// 1 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c). E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31983-31985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13619]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-701]


In the Matter of Certain Electronic Devices, Including Mobile 
Phones, Portable Music Players, and Computers; Notice of Commission 
Determination To Review in Part a Final Initial Determination Finding 
No Violation of Section 337; Schedule for Filing Written Submissions on 
the Issues Under Review and on Remedy, the Public Interest and Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review in part the final initial 
determination (``ID'') issued by the presiding administrative law judge 
(``ALJ'') on March 25, 2011, finding no violation of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, in this investigation.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the 
General Counsel, U.S. International

[[Page 31984]]

Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 
(202) 205-3042. 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 January 28, 2010, based on a complaint filed by Nokia Corporation of 
Finland and Nokia Inc. of White Plains, New York (collectively, 
``Nokia''). 75 FR 4583-4 (Jan. 28, 2010). The complaint 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, and 
the sale within the United States after importation of certain 
electronic devices, including mobile phones, portable music players, 
and computers by reason of infringement of various claims of United 
States Patent Nos. 6,895,256 (``the '256 patent''); 6,518,957 (``the 
'957 patent''); 6,714,091 (``the '091 patent''); 6,834,181 (``the '181 
patent''); 6,924,789 (``the '789 patent''); 6,073,036 (subsequently 
terminated from the investigation); and 6,262,735 (subsequently 
terminated from the investigation). The complaint named Apple Inc. of 
Cupertino, California as respondent.
    On March 25, 2011, the ALJ issued his final ID, finding no 
violation of section 337 by Respondents with respect to any of the 
asserted claims of the asserted patents. Specifically, the ALJ found 
that the accused products do not infringe the asserted claims of the 
'091 patent. The ALJ also found that none of the cited references 
rendered the asserted claims obvious and that the claims were not 
invalid under 35 U.S.C. 112 for failure to disclose the best mode. 
Regarding the '181 patent, the ALJ found that the accused products do 
not infringe its asserted claims. The ALJ also found that none of the 
cited references anticipated or rendered obvious the asserted claims. 
With respect to the '256 patent, the ALJ found that the accused 
products failed to literally infringe the asserted claims and failed to 
infringe under the doctrine of equivalents. The ALJ also found that the 
asserted claims were not invalid for obviousness and were not rendered 
unenforceable due to inequitable conduct. Concerning the '789 patent, 
the ALJ found that the accused products met all the limitations of 
asserted claim 5 under the doctrine of equivalents. The ALJ, however, 
found that the prior act anticipated and rendered asserted claim 5 
invalid. The ALJ concluded that an industry exists within the United 
States that practices the '789 patent but that a domestic industry does 
not exist with respect to the '091 patent, the '181 patent and the '256 
patent as required by 19 U.S.C. 1337(a)(2) and (3).
    On April 11, 2011, Nokia and the Commission investigative attorney 
(``IA'') filed petitions for review of the ID. That same day, Apple 
filed a contingent petition for review of the ID. On April 19, 2011, 
Nokia and Apple filed responses to the various petitions and contingent 
petition for review. The IA filed a combined response to Nokia's 
petition for review and Apple's contingent petition for review on April 
22, 2011.
    Having examined the record of this investigation, including the 
ALJ's final ID, the petitions for review, and the responses thereto, 
the Commission has determined to review the final ID in part. 
Specifically, the Commission has determined to review the findings 
related to the '181 patent and the '256 patent. The Commission has 
determined not to review any issues related to the '957 patent, the 
'091 patent, and the '789 patent, and terminates those patents from the 
investigation.
    The parties are requested to brief their positions on the issues 
under review with reference to the applicable law and the evidentiary 
record. In connection with its review, the Commission is particularly 
interested in responses to the following questions:
    1. Does the claim term ``multiple acoustic cavities each having an 
acoustic volume'' recited in asserted claim 1 of the '181 patent 
require each ``acoustic cavity'' to possess any particular acoustic 
property?
    2. Assuming that the '181 patent does not require each ``acoustic 
cavity'' to possess any particular acoustic properties, does 
Marqvardsen (International Publication No. WO 00/38475) anticipate 
asserted claim 1? See ID at 117.
    3. Do the accused products satisfy the ``Integrated Mobile Terminal 
Processor'' limitation recited in asserted claim 1 of the '256 patent 
under the ALJ's construction of that limitation? See Markman Order 
(Order No. 53) at 41-43.

    In connection with the final disposition of this investigation, the 
Commission may (1) issue an order that could result in the exclusion of 
the subject articles from entry into the United States, and/or (2) 
issue one or more cease and desist orders that could result in the 
respondent(s) being required to cease and desist from engaging in 
unfair acts in the importation and sale of such articles. 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).
    If 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.
    If 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 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 identified in this notice. 
Parties to the investigation, interested government agencies, and any 
other interested

[[Page 31985]]

parties are encouraged to file written submissions on the issues of 
remedy, the public interest, and bonding. Such submissions should 
address the recommended determination by the ALJ on remedy and bonding 
with respect to the '256 patent and the '181 patent. Complainants and 
the IA are also requested to submit proposed remedial orders for the 
Commission's consideration. Complainants are also requested to state 
the date that the patent expires and the HTSUS numbers under which the 
accused products are imported. The written submissions and proposed 
remedial orders must be filed no later than close of business on 
Thursday, June 9, 2011. Reply submissions must be filed no later than 
the close of business on Thursday, June 16, 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 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 and 210.50 of the Commission's Rules of Practice 
and Procedure (19 CFR 210.42-46 and 210.50).

    Issued: May 26, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-13619 Filed 6-1-11; 8:45 am]
BILLING CODE P