In the Matter of Certain Glassware; Notice of Commission Determination not To Review an Initial Determination Terminating the Investigation in Its Entirety; Issuance of a Consent Order; Termination of Investigation, 39898-39899 [2011-16912]
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39898
Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–714
In the Matter of Certain Electronic
Devices With Multi-Touch Enabled
Touchpads and Touchscreens; Notice
of Commission Determination To
Review-in-Part a Final Initial
Determination; Termination of
Investigation With a Finding of No
Violation of Section 337
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
April 29, 2011, finding no violation of
section 337 in the above-captioned
investigation. In particular, the
Commission has determined to review
and take no position on the ALJ’s
finding that the ‘‘scanning’’ step of
independent claim 1 requires a specific
temporal order for elements (a) to (c)
and his related finding of collateral
estoppel. See Order No. 17 at 9–18 (Nov.
9, 2010); ID at 8–9; Order No. 16 (Sept.
28, 2010). The Commission has further
determined to adopt the remainder of
the ID to the extent it is not based on
these claim construction rulings. The
investigation is terminated with a
finding that Apple did not violate
section 337.
FOR FURTHER INFORMATION CONTACT:
Daniel E. Valencia, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–1999. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street, SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server at 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
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SUMMARY:
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on April 29, 2010, based on a complaint
filed by Elan Microelectronics
Corporation of Taiwan (‘‘Elan’’), alleging
a violation of section 337 in the
importation, sale for importation, and
sale within the United States after
importation of certain electronic devices
with multi-touch enabled touchpads
and touchscreens by reason of
infringement of certain claims of U.S.
Patent No. 5,825,352 (‘‘the ’352 patent’’).
75 FR 22625. The complaint named
Apple, Inc. of Cupertino, California
(‘‘Apple’’) as the only respondent.
On April 29, 2011, the ALJ issued a
final ID finding no violation of section
337. The ALJ concluded, among other
things, that none of the accused
products infringe the asserted claims of
the ’352 patent and that no domestic
industry exists.
On May 16, 2011, complainant Elan
filed a petition for review of the ALJ’s
final ID. The same day, respondent
Apple filed a contingent petition for
review. On May 24, 2011, Elan, Apple,
and the Commission investigative
attorney responded to the petitions for
review. Having examined the record of
this investigation, including the ALJ’s
final ID and the submissions of the
parties, the Commission has determined
to review and take no position on the
ALJ’s claim construction ruling that the
‘‘scanning’’ step of independent claim 1
requires a specific temporal order for
elements (a) to (c), and his related
finding of collateral estoppel. See Order
No. 17 at 9–18 (Nov. 9, 2010); ID at 8–
9; Order No. 16 (Sept. 28, 2010). The
Commission has also determined to
adopt the remainder of the ID to the
extent it is not based on these claim
construction rulings. The Commission
had determined to terminate the
investigation with a finding that Apple
has not violated section 337.
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 Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: June 30, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–16967 Filed 7–6–11; 8:45 am]
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–767]
In the Matter of Certain Glassware;
Notice of Commission Determination
not To Review an Initial Determination
Terminating the Investigation in Its
Entirety; Issuance of a Consent Order;
Termination of 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 the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 8) granting the joint
motion of complainant Boston Beer
Corporation of Boston, Massachusetts
(‘‘Boston Beer’’) and respondents 1
Source Signature Glassware, Inc. (‘‘1
Source’’), the di Sciacca Company (‘‘di
Sciacca’’), and the San Tan Brewing
Company, Inc. (‘‘San Tan’’) all of
Chandler, Arizona to terminate in its
entirety Inv. No. 337–TA–767, Certain
Glassware, based on a consent order.
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
708–2301. 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 March 24, 2011, based on a
complaint filed on February 18, 2011,
and supplemented on March 14, 2011,
by Boston Beer. 76 FR 16639–40. The
complaint, as supplemented, alleges
violations of Section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, in the importation into the United
States, the sale for importation, and the
SUMMARY:
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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices
sale within the United States after
importation of certain glassware by
reason of infringement of U.S. Patent
Nos. D582,213 and D569,189. The
complaint further alleges the existence
of a domestic industry. The
Commission’s notice of investigation
named 1 Source, di Sciacca, and San
Tan as respondents.
On June 1, 2011, Boston Beer and
Respondents filed a joint motion for
termination of the investigation in its
entirety by reason of a consent order
stipulation. No responses were filed.
On June 14, 2011, the ALJ issued the
subject ID, granting the joint motion for
termination in its entirety. The ALJ
found that the consent order
stipulations complied with the
requirements of Commission Rule
210.21(c)(3) (19 CFR 210.21(c)(3)). The
ALJ also concluded that there is no
evidence that termination of this
investigation in its entirety would be
contrary to the public interest. No
petitions for review of this ID were filed.
The Commission has determined not
to review the ID.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.42 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42).
By order of the Commission.
Issued: June 30, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–16912 Filed 7–6–11; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
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Notice of Lodging of Consent Decree
Under the Clean Air Act
Notice is hereby given that on June
30, 2011, a Consent Decree in United
States v. Western Refining Company,
L.P., Civil Action No. 3:11–cv–276, was
lodged with the United States District
Court for the Western District of Texas.
The Consent Decree, which pertains
to Western’s El Paso, Texas refinery, is
one of many national settlements
concluded as part of EPA’s Clean Air
Act Petroleum-Refinery Initiative.
Consistent with the objectives of the
national initiative, the settlement
requires Western to perform injunctive
relief to reduce emissions of nitrogen
oxides, sulfur dioxide, volatile organic
compounds, and benzene. Among other
things, emission limits are set for NOX
and SO2 emissions from the fluidized
catalytic cracking unit (FCCU), emission
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limits are set for NOX from large heaters
and boilers, the root causes of any
flaring incidents must be investigated,
the refinery’s flares must comply with
regulations that limit SO2 emissions, the
refinery’s benzene monitoring program
is enhanced, and the refinery’s leakdetection-and-repair (LDAR) program is
upgraded. The Consent Decree also
requires the payment of a $1.45 million
civil penalty.
The Consent Decree resolves
allegations by the Environmental
Protection Agency, asserted in a
complaint filed with the Consent
Decree.
The Department of Justice will receive
comments relating to the Consent
Decree for a period of thirty (30) days
from the date of this publication.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either e-mailed to
pubcomment-ees.enrd@usdoj.gov, or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Western Refining Company,
L.P., D.J. Ref. No. 90–5–2–1–07629/1.
During the public comment period,
the Consent Decree may be examined on
the following Department of Justice Web
site: https://www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
Consent Decree may also be obtained by
mail from the Consent Decree Library,
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611, or
by faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax number (202) 514–0097, phone
confirmation number (202) 514–1547. If
requesting a copy from the Consent
Decree Library, please enclose a check
in the amount of $30.25 (25 cents per
page reproduction cost) payable to the
U.S. Treasury, or, if requesting by e-mail
or fax, please forward a check in that
amount to the Consent Decree Library at
the address given above.
Maureen M. Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2011–16986 Filed 7–6–11; 8:45 am]
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DEPARTMENT OF JUSTICE
Notice of Proposed Consent Decrees
Under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA)
Pursuant to Section 122(d)(2) of
CERCLA, 42 U.S.C. 9622(d)(2), notice is
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39899
hereby given that on June 28, 2011, two
proposed Consent Decrees in United
States v. Atlantic Land and
Improvement Co. et al., Civil Action No.
8:11–cv–01435–EAK–EAJ, were lodged
with the United States District Court for
the Middle District of Florida.
In this action the United States sought
to require the Defendants, Atlantic Land
and Improvement Co. (‘‘ALI’’) and
Stephen J. Cook and Patricia J. Cook
(‘‘the Cooks’’), to conduct remedial
design and remedial action to address
releases and threatened releases of
hazardous substances at the Raleigh
Street Dump Superfund Site (‘‘Site’’) in
Tampa, Hillsborough County, Florida.
The United States also sought to recover
past and future costs incurred and to be
incurred by the Environmental
Protection Agency (EPA) during the
performance of response actions at the
Site.
Under the Consent Decree with ALI,
ALI will perform the remedial design
and remedial action at the Site. The
remedy provides for excavation of
approximately 12,000 cubic yards of
contaminated soils and sediments,
replacement with clean fill to preremoval grade, monitored natural
attenuation of contaminated
groundwater, and restoration of on-site
wetlands impacted during removal of
contaminated soils/sediments. ALI will
also excavate an additional
approximately 2,000 cubic yards of soil
and place approximately 4,400 square
feet of concrete slab under existing
buildings at the Site. ALI will also
reimburse the Hazardous Substance
Superfund in the amount of $175,000
for EPA’s future response costs at the
Site.
Under the Consent Decree with the
Cooks, the Cooks will record a notice to
successors-in-title and deed restrictions
on the portion of the Site owned by
them; ensure that materials and land use
at the Site do not interfere with the
remedial action; and reimburse the
Hazardous Substance Superfund in the
amount of $20,000.
The Department of Justice will receive
for a period of thirty (30) days from the
date of this publication comments
relating to the Consent Decrees.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and either emailed to
pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Atlantic Land and
Improvement Co. et al., Civil Action No.
8:11–cv–01435–EAK–EAJ, DOJ Ref. #
90–11–2–09654.
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Agencies
[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39898-39899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16912]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-767]
In the Matter of Certain Glassware; Notice of Commission
Determination not To Review an Initial Determination Terminating the
Investigation in Its Entirety; Issuance of a Consent Order; Termination
of Investigation
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 the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 8)
granting the joint motion of complainant Boston Beer Corporation of
Boston, Massachusetts (``Boston Beer'') and respondents 1 Source
Signature Glassware, Inc. (``1 Source''), the di Sciacca Company (``di
Sciacca''), and the San Tan Brewing Company, Inc. (``San Tan'') all of
Chandler, Arizona to terminate in its entirety Inv. No. 337-TA-767,
Certain Glassware, based on a consent order. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2301. 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 March 24, 2011, based on a complaint filed on February 18, 2011, and
supplemented on March 14, 2011, by Boston Beer. 76 FR 16639-40. The
complaint, as supplemented, alleges violations of Section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into
the United States, the sale for importation, and the
[[Page 39899]]
sale within the United States after importation of certain glassware by
reason of infringement of U.S. Patent Nos. D582,213 and D569,189. The
complaint further alleges the existence of a domestic industry. The
Commission's notice of investigation named 1 Source, di Sciacca, and
San Tan as respondents.
On June 1, 2011, Boston Beer and Respondents filed a joint motion
for termination of the investigation in its entirety by reason of a
consent order stipulation. No responses were filed.
On June 14, 2011, the ALJ issued the subject ID, granting the joint
motion for termination in its entirety. The ALJ found that the consent
order stipulations complied with the requirements of Commission Rule
210.21(c)(3) (19 CFR 210.21(c)(3)). The ALJ also concluded that there
is no evidence that termination of this investigation in its entirety
would be contrary to the public interest. No petitions for review of
this ID were filed.
The Commission has determined not to review the ID.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in section 210.42 of the Commission's Rules of Practice and Procedure
(19 CFR 210.42).
By order of the Commission.
Issued: June 30, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-16912 Filed 7-6-11; 8:45 am]
BILLING CODE 7020-02-P