In the Matter of Certain Electronic Devices, Including Mobile Phones, Portable Music Players, and Computers; Notice of Commission Determination To Grant a Joint Motion by Complainants and Respondent To Terminate the Investigation in Its Entirety on the Basis of a Settlement Agreement, 40930-40931 [2011-17459]

Download as PDF 40930 Federal Register / Vol. 76, No. 133 / Tuesday, July 12, 2011 / Notices NORTH CAROLINA will reply during normal business hours. Macon County Highlands North Historic District, 608–650, 507–615 Hickory St., 760–856, 827 N. 5th St., 23–29, 425 Brock Ct., 802, 850–854 N. 4th St. 29 Martha’s Ln., Highlands, 11000482 Jennifer Noe, Land Law Examiner, Land Transfer Adjudication II Branch. [FR Doc. 2011–17437 Filed 7–11–11; 8:45 am] BILLING CODE 4310–JA–P McDowell County Carson—Young House, 842 Major Conley Rd., Marion, 11000483 DEPARTMENT OF THE INTERIOR Wake County Hi-Mount Historic District, (Post-World War II and Modern Architecture in Raleigh, NC, 1845–1965 MPS) Roughly bounded by E. Whitaker Mill Rd., Bernard, Peebles, Main & Hilton Sts., Raleigh, 11000484 National Park Service [NPS–WASO–NRNHL–0611–7767; 2280– 665] National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before June 18, 2011. Pursuant to section 60.13 of 36 CFR Part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St. NW., 8th floor, Washington DC 20005; or by fax, 202–371–6447. Written or faxed comments should be submitted by July 27, 2011. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. James Gabbert, Acting Chief, National Register of Historic Places/National Historic Landmarks Program. emcdonald on DSK2BSOYB1PROD with NOTICES ARIZONA Codington County Melham, Andrew and Lulu, House, (North End Neighborhood MPS) 721 1st St., NW., Watertown, 11000485 Hamlin County Hanson, M.O., Building, 126 E. Main St., Castlewood, 11000486 VIRGINIA Smyth County Marion Historic District (Boundary Increase), W. Cherry, E. Main, N. Main, Maple, N. Chestnut, Broad & N. Commerce Sts., Marion, 11000487 WISCONSIN Lafayette County Pecatonica Battlefield, 2995 Cty. Rd. Y, Wiota, 11000488 [FR Doc. 2011–17239 Filed 7–11–11; 8:45 am] BILLING CODE 4312–51–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 Grant a Joint Motion by Complainants and Respondent To Terminate the Investigation in Its Entirety on the Basis of a Settlement Agreement U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to grant the joint motion by Complainants and Respondent to terminate the investigation on the basis of a settlement agreement. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the SUMMARY: Pima County Valley of the Moon, 2544 E. Allen Rd., Tucson, 11000480 DISTRICT OF COLUMBIA District of Columbia Saint Paul African Union Methodist Church, 401 I St. SE., Washington, 11000481 VerDate Mar<15>2010 SOUTH DAKOTA 16:14 Jul 11, 2011 Jkt 223001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 General Counsel, U.S. International 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. 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; 6,518,957; 6,714,091; 6,834,181; 6,924,789; 6,073,036; and 6,262,735. The complaint named Apple Inc. of Cupertino, California (‘‘Apple’’) as respondent. On March 25, 2011, the ALJ issued his final Initial Determination (‘‘ID’’), finding no violation of section 337 by Apple with respect to any of the asserted claims of the pending patents. On May 26, 2011, the Commission determined, upon Nokia’s and the Commission investigative attorney’s (‘‘IA’’) respective petitions and Apple’s contingent petition, to review the ID in part, and requested briefing from the parties on the issues under review. 76 FR 31938 (June 2, 2011). On June 9, 2011, the parties submitted their respective briefs on the issues under review. On June 16, 2011, Nokia and Apple filed a joint motion to terminate the investigation on the basis of a settlement agreement. On June 17, 2011, the IA filed a response in support of the motion. SUPPLEMENTARY INFORMATION: E:\FR\FM\12JYN1.SGM 12JYN1 Federal Register / Vol. 76, No. 133 / Tuesday, July 12, 2011 / Notices Having examined the record of this investigation, the Commission has determined to grant the joint motion to terminate the investigation. 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 210.21 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.21 and 210.50). By order of the Commission. Issued: July 7, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–17459 Filed 7–11–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–685] In the Matter of Certain Flash Memory and Products Containing Same; Notice of Commission Determination To Grant the Consent Motion To Terminate the Investigation on the Basis of Settlement; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to GRANT the consent motion to terminate the above-captioned investigation based upon settlement. The investigation is terminated. SUMMARY: emcdonald on DSK2BSOYB1PROD with NOTICES 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 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. VerDate Mar<15>2010 16:14 Jul 11, 2011 Jkt 223001 The Commission instituted Inv. No. 337– TA–685 on September 2, 2009, based on a complaint filed by Samsung Electronics Co. (‘‘Samsung’’) of Suwon City, South Korea on July 31, 2009. 74 FR 45469 (Sept. 2, 2009). The complaint, as amended, 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 flash memory and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 6,930,050 (‘‘the ‘050 patent’’) and 5,740,065 (‘‘the ‘065 patent’’). The ‘050 patent was subsequently terminated from the investigation. The Commission’s notice of investigation named Spansion Japan Limited of Kanagawa, Japan (‘‘Spansion Japan’’); Alpine Electronics, Inc. of Fukushima, Japan and Alpine Electronic of America, Inc. of Torrance, California; Slacker, Inc. of San Diego, California; Synology Inc. of Taipei, Taiwan and Synology North America Corp. of Redmond, Washington; Egreat USA of Fairfax, California; Appro International, Inc. of Milpitas, California; Shenzhen Egreat Co., Ltd. of Shenzhen, China (‘‘Shenzhen Egreat’’); and Spansion and D-Link as respondents. Many of these respondents were later terminated from the investigation based on consent orders, for cause, or withdrawal of the complaint. Shenzen Egreat was found in default. Comm’n Notice (Jan. 31, 2011). Spansion and D-Link, hereinafter ‘‘Respondents,’’ are the only remaining participating respondents. On February 28, 2008, the ALJ issued his final ID, finding a violation of Section 337 by Respondents. On March 14, 2011, Respondents and the Commission investigative attorney (‘‘IA’’) filed separate petitions seeking review of the ALJ’s determination concerning the ALJ’s findings on claim construction, infringement, invalidity, and domestic industry. On April 29, 2011, the Commission issued a Notice of its determination to review several aspects of the final ID and to pose certain questions to the parties. 76 FR 25707–9 (May 5, 2011). On June 16, 2011, Samsung filed a consent motion for termination of the investigation in its entirety based on a settlement agreement. On June 20, 2011, Samsung filed a corrected motion, clarifying that the settlement agreement, which is between it and Spansion, is intended to terminate the investigation also with respect to D-Link and Shenzen Egreat. On June 22, 2011, the Commission extended the target date of SUPPLEMENTARY INFORMATION: PO 00000 Frm 00060 Fmt 4703 Sfmt 9990 40931 the investigation by one month to July 28, 2011, to accommodate the schedule for addressing the motion for termination. Having examined the record of this investigation, the Commission has determined to grant the consent motion to terminate the investigation. Section 337(c) provides, in relevant part, that the Commission may terminate an investigation ‘‘on the basis of an agreement between the private parties to the investigation.’’ When the investigation is before the Commission, as is the case here, the Commission may act on a motion to terminate on the basis of settlement. See Certain Insect Traps, Inv. No. 337–TA–498, Notice of Commission Determination To Terminate the Investigation in Its Entirety on the Basis of a Settlement Agreement, 69 FR 63176 (Oct. 29, 2004). Commission Rule 210.21(b), which implements Section 337(c), requires that a motion for termination based upon a settlement contain a copy of that settlement agreement, as well as a statement that there are no other agreements, written or oral, express or implied, between the parties concerning the subject matter of the investigation. The corrected motion complies with these requirements. The Commission also considers the public interest when terminating an investigation based upon a settlement agreement. 19 CFR 210.50(b)(2). We find no evidence that termination of the investigation will prejudice the public interest or that settlement will adversely impact the public health and welfare, competitive conditions in the United States economy, the products of like or directly competitive articles in the United States, or United States consumers. Moreover, the public interest favors settlement to avoid needless litigation and to conserve public and private resources. Accordingly, the Commission hereby GRANTS the consent motion to terminate this investigation on the basis of a settlement agreement. 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 210.21 of the Commission’s Rules of Practice and Procedure (19 CFR 210.21). By order of the Commission. Issued: July 7, 2011. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–17460 Filed 7–11–11; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Notices]
[Pages 40930-40931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17459]


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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 Grant a Joint Motion by Complainants and Respondent To 
Terminate the Investigation in Its Entirety on the Basis of a 
Settlement Agreement

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to grant the joint motion by Complainants and 
Respondent to terminate the investigation on the basis of a settlement 
agreement.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Esq., Office of the 
General Counsel, U.S. International 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; 6,518,957; 6,714,091; 6,834,181; 
6,924,789; 6,073,036; and 6,262,735. The complaint named Apple Inc. of 
Cupertino, California (``Apple'') as respondent.
    On March 25, 2011, the ALJ issued his final Initial Determination 
(``ID''), finding no violation of section 337 by Apple with respect to 
any of the asserted claims of the pending patents. On May 26, 2011, the 
Commission determined, upon Nokia's and the Commission investigative 
attorney's (``IA'') respective petitions and Apple's contingent 
petition, to review the ID in part, and requested briefing from the 
parties on the issues under review. 76 FR 31938 (June 2, 2011). On June 
9, 2011, the parties submitted their respective briefs on the issues 
under review.
    On June 16, 2011, Nokia and Apple filed a joint motion to terminate 
the investigation on the basis of a settlement agreement. On June 17, 
2011, the IA filed a response in support of the motion.

[[Page 40931]]

    Having examined the record of this investigation, the Commission 
has determined to grant the joint motion to terminate the 
investigation.
    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 210.21 and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.21 and 210.50).

    By order of the Commission.

    Issued: July 7, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-17459 Filed 7-11-11; 8:45 am]
BILLING CODE 7020-02-P