Notice Pursuant to The National Cooperative Research and Production Act of 1993-Cooperative Research Group on Development and Validation of FlawPRO for Assessing Defect Tolerance of Welded Pipes Under Generalized High Strain Conditions, 58539-58540 [2011-24001]
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wreier-aviles on DSK7SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Notices
skill, as described in KSR,’’ HTC Pet.
65—do not constitute a ‘‘concise
argument’’ as required by Commission
rules and omit the requisite ‘‘concise
statement of the facts material to the
consideration’’ of the issue. 19 CFR
210.43(b)(1). Such issues are deemed to
have been abandoned as well.
The parties are invited to brief their
positions on the issues under review
enumerated above with reference to the
applicable law and evidentiary record.
In particular, the parties are requested to
respond to the following questions:
(a) For the ’263 patent, if the
Commission were to find inconsistency
between the ALJ’s infringement and
validity analyses, should the claim
constructions for ‘‘realtime API’’ and/or
‘‘device handler program’’ be narrowed
in accordance with the ID’s analysis of
validity? If a party answers this question
‘‘yes,’’ it is to identify where in the
record (including in its petition for
review) it made and preserved such
contentions, and should explain in
detail whether such narrowing of the
scope of the asserted patent claims
would result in a finding of
noninfringement for any of the accused
products.
(b) For the ’647 patent, whether the
Supreme Court’s decision in GlobalTech Appliances, Inc. v. SEB S.A., No.
10–6 (U.S. May 31, 2011) has any effect
on the ALJ’s inducement finding. If a
party answers this question ‘‘yes,’’ it is
to identify where in the record it made
and preserved its arguments affected by
Global-Tech.
(c) For the ’647 patent, whether claim
15’s ‘‘enabling selection of the structure
and a linked action’’ (as opposed to the
unclaimed step of ‘‘selection of the
structure and a linked action’’ by the
user) is a single step, and whether HTC
made and preserved the argument that
it is a single step.
(d) For the ’721 patent, whether the
ALJ’s construction of the ‘‘processor
means’’ has the effect of impermissibly
transforming a method claim into an
apparatus claim.
(e) For the ’983 patent, whether any
aspects of the parent applications’ file
histories are pertinent to the issues
under review. If a party makes any such
contentions, it is to identify where in
the record it made and preserved such
a position.
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
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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 as set forth above.
Parties to the investigation, interested
government agencies, and any other
interested parties are encouraged to file
written submissions on the issues of
remedy, the public interest, and
bonding. Such submissions should
address the recommended
determination by the ALJ on remedy
and bonding. Complainant and the IA
are also requested to submit proposed
remedial orders for the Commission’s
consideration. Complainant is also
requested to state the dates that the
patents expire and the HTSUS numbers
under which the accused products are
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58539
imported. The written submissions and
proposed remedial orders must be filed
no later than close of business on
Thursday, October 6, 2011. Reply
submissions must be filed no later than
the close of business on Monday,
October 17, 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).
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–24209 Filed 9–20–11; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to The National
Cooperative Research and Production
Act of 1993—Cooperative Research
Group on Development and Validation
of FlawPRO for Assessing Defect
Tolerance of Welded Pipes Under
Generalized High Strain Conditions
Notice is hereby given that, on August
15, 2011, pursuant to Section 6(a) the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Southwest Research
Institute—Cooperative Research Group
on Development and Validation of
FlawPRO for Assessing Defect Tolerance
of Welded Pipes Under Generalized
High Strain Conditions (‘‘FlawPRO–
JIP’’) has filed written notifications
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21SEN1
58540
Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Notices
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Petroleo Brasileiro S.A.—
PETROBRAS, Rio de Janeiro, BRAZIL;
and Subsea 7 Limited, Surrey, UNITED
KINGDOM, have been added as parties
to this venture.
No other changes have been made in
either the membership or planned
productivity of the group research
project. Membership in this group
research project remains open, and
FlawPRO–JIP intends to file additional
written notifications disclosing all
changes in membership.
On May 17, 2011, FlawPRO–JIP filed
its original notification pursuant to
Section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on July 7, 2011 (76 FR
39901).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
DEPARTMENT OF JUSTICE
Antitrust Division
wreier-aviles on DSK7SPTVN1PROD with NOTICES
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Open Axis Group, Inc.
Notice is hereby given that, on August
22, 2011, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Open Axis Group,
Inc. (‘‘Open Axis’’) has filed written
notifications simultaneously with the
Attorney General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, MindTree Limited,
Bangalore, INDIA; Goldenware Travel
Technologies, Nashua, NH; Air France/
KLM, Amstelveen, NETHERLANDS;
Intelisys Aviation Systems, Shediac,
New Brunswick, CANADA; and
Hitchiker GmbH, Frankfurt, GERMANY,
have been added as parties to this
venture. Also, Continental Airlines,
Houston, TX, has withdrawn as a party
to this venture.
Jkt 223001
[FR Doc. 2011–24000 Filed 9–20–11; 8:45 am]
BILLING CODE 4410–11–M
in the Federal Register pursuant to
Section 6(b) of the Act on July 15, 2009
(74 FR 34364).
The last notification was filed with
the Department on June 1, 2011. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on July 7, 2011 (76 FR 39902).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2011–24003 Filed 9–20–11; 8:45 am]
BILLING CODE 4410–11–M
DEPARTMENT OF LABOR
Proposed Information Collection
Request of the ETA 581, Contribution
Operations Report; Extension Without
Change
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collection of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed.
A copy of the proposed information
collection request (ICR) can be obtained
by contacting the office listed below in
the addressee section of this notice or by
accessing: https://www.doleta.gov/
OMBCN/OMBControlNumber.cfm.
DATES: Written comments must be
submitted to the office listed in the
addressee section below on or before
November 21, 2011.
ADDRESSES: Send comments to Joseph
Toth, U.S. Department of Labor,
Employment and Training
Administration, Office of
Unemployment Insurance, 200
Constitution Avenue, NW., Frances
Perkins Bldg. Room S–4524,
Washington, DC, 20210, telephone
number (202) 693–3894 (this is not a
toll-free number) or by e-mail:
toth.joseph@dol.gov.
SUMMARY:
DEPARTMENT OF JUSTICE
Notice Pursuant to the National
Cooperative Research and Production
Act Of 1993—Pistoia Alliance, Inc.
BILLING CODE 4410–11–M
15:20 Sep 20, 2011
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
Antitrust Division
[FR Doc. 2011–24001 Filed 9–20–11; 8:45 am]
VerDate Mar<15>2010
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and Open Axis
intends to file additional written
notifications disclosing all changes in
membership.
On October 6, 2010, Open Axis filed
its original notification pursuant to
Section 6(a) of the Act. The Department
of Justice published a notice in the
Federal Register pursuant to Section
6(b) of the Act on November 16, 2010
(75 FR 70031).
The last notification was filed with
the Department on May 31, 2011. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on July 7, 2011 (76 FR 39902).
Notice is hereby given that, on August
17, 2011, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), Pistoia Alliance, Inc.
has filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, Atlas Platform Corp.,
Douglas, Isle of Man, UNITED
KINGDOM; Binocular Vision Advisors
LLC, San Francisco, CA; Molecular
Connections, Basavanagudi, Bangalore,
INDIA; and Constellation Technologies
Ltd., Didcot, UNITED KINGDOM, have
been added as parties to this venture.
No other changes have been made in
either the membership or planned
activity of the group research project.
Membership in this group research
project remains open, and Pistoia
Alliance, Inc. intends to file additional
written notifications disclosing all
changes in membership.
On May 28, 2009, Pistoia Alliance,
Inc. filed its original notification
pursuant to Section 6(a) of the Act. The
Department of Justice published a notice
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SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Notices]
[Pages 58539-58540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24001]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to The National Cooperative Research and
Production Act of 1993--Cooperative Research Group on Development and
Validation of FlawPRO for Assessing Defect Tolerance of Welded Pipes
Under Generalized High Strain Conditions
Notice is hereby given that, on August 15, 2011, pursuant to
Section 6(a) the National Cooperative Research and Production Act of
1993, 15 U.S.C. 4301 et seq. (``the Act''), Southwest Research
Institute--Cooperative Research Group on Development and Validation of
FlawPRO for Assessing Defect Tolerance of Welded Pipes Under
Generalized High Strain Conditions (``FlawPRO-JIP'') has filed written
notifications
[[Page 58540]]
simultaneously with the Attorney General and the Federal Trade
Commission disclosing changes in its membership. The notifications were
filed for the purpose of extending the Act's provisions limiting the
recovery of antitrust plaintiffs to actual damages under specified
circumstances. Specifically, Petroleo Brasileiro S.A.--PETROBRAS, Rio
de Janeiro, BRAZIL; and Subsea 7 Limited, Surrey, UNITED KINGDOM, have
been added as parties to this venture.
No other changes have been made in either the membership or planned
productivity of the group research project. Membership in this group
research project remains open, and FlawPRO-JIP intends to file
additional written notifications disclosing all changes in membership.
On May 17, 2011, FlawPRO-JIP filed its original notification
pursuant to Section 6(a) of the Act. The Department of Justice
published a notice in the Federal Register pursuant to Section 6(b) of
the Act on July 7, 2011 (76 FR 39901).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2011-24001 Filed 9-20-11; 8:45 am]
BILLING CODE 4410-11-M