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]
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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
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16:40 Jun 01, 2011
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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.
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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:
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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 https://www.usitc.gov.
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. 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
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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
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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
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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.
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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 https://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 https://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 https://
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).
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 https://www.usitc.gov. The public record for this
investigation may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. 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]
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