In the Matter of Certain Digital Set-Top Boxes and Components Thereof; Notice of Commission Determination to Grant Respondent'S Petition For Reconsideration of the Commission Decision Not to Review a Final Initial Determination Finding a Violation of Section 337; Termination of the Investigation With a Finding of No Violation, 59425 [2011-24576]
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices
agency; the accuracy of the agency’s
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to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Dated: September 20, 2011.
Stephen M. Sheffield,
Acting Chief, Division of Regulatory Support.
[FR Doc. 2011–24534 Filed 9–23–11; 8:45 am]
BILLING CODE 4310–05–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–712]
In the Matter of Certain Digital Set-Top
Boxes and Components Thereof;
Notice of Commission Determination
to Grant Respondent’S Petition For
Reconsideration of the Commission
Decision Not to Review a Final Initial
Determination Finding a Violation of
Section 337; Termination of the
Investigation With a Finding of No
Violation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (Athe Commission@) has
determined to reconsider its decision
not to review the final initial
determination (AID@) issued by the
presiding administrative law judge
(AALJ@) on May 20, 2011, in the abovecaptioned investigation, and, on review,
to find no violation of section 337 and
terminate the investigation.
FOR FURTHER INFORMATION CONTACT: Jean
H. Jackson, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3104. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
jlentini on DSK4TPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:37 Sep 23, 2011
Jkt 223001
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: This
investigation was instituted on April 21,
2010, based on a complaint filed by
Verizon Communications Inc. and
Verizon Services Corp. (collectively,
AVerizon@), alleging a violation of
section 337 in the importation, sale for
importation, and sale within the United
States after importation of certain digital
set-top boxes and components thereof,
that infringe one or more of claim 14 of
U.S. Patent No. 5,635,979; claim 38 of
U.S. Patent No. 5,666,293; claim 13 of
U.S. Patent No. 6,381,748 (‘‘the ’748
patent’’); claim 14 of U.S. Patent No.
6,367,078; and claim 5 of U.S. Patent
No. 7,561,214. 75 FR. 20861 (2010).
Complainant named Cablevision
Systems Corp. of Bethpage, New York
(ACablevision@) as the only respondent.
Id.
On May 20, 2011, the ALJ issued his
final ID finding a violation of section
337. Specifically, the ALJ found that a
violation of section 337 has occurred in
the importation into the United States,
the sale for importation, or the sale
within the United States after
importation of certain digital set-top
boxes and components thereof that
infringe claim 13 of the >748 patent. On
July 21, 2011, the Commission
determined not to review the ALJ’s final
ID, and requested that the parties file
written submissions on the issues of
remedy, the public interest, and
bonding. See Notice of Commission
Determination Not To Review a Final
Initial Determination (Dated July 21,
2011). The parties filed timely opening
and responsive submissions.
On August 8, 2011, respondent
Cablevision filed a petition for
reconsideration of the Commission’s
determination not to review the ALJ’s
finding of a violation of section 337
based on infringement of claim 13 of the
>748 patent. Respondent sought
reconsideration of the Commission’s
determination based on the August 2,
2011, entry of final judgment by the U.S.
District Court for the Eastern District of
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
59425
Virginia in ActiveVideo Networks, Inc.
v. Verizon Commc’ns Inc., No. 2:10-cv248 (E.D. Va.) and the previous ruling in
that action that claim 13 of the >748
patent is invalid. Complainant Verizon
filed an opposition to respondent’s
petition, whereas the Commission
investigative attorney filed a response
supporting respondent’s petition.
Having examined the record in this
investigation, the Commission has
determined to grant respondent’s
petition for reconsideration and waive
its requirement that any petition for
reconsideration be filed within 14 days
of the action taken. Accordingly, the
Commission has determined to review
the ALJ’s final ID and, on review, to find
that there is no violation of section 337
in this investigation based on the
preclusive effects of the district court’s
finding of invalidity. The investigation
is terminated. A Commission opinion in
support of this determination will be
issued shortly.
The authority for this action is
contained in section 337 of the Tariff
Act of 1930, as amended (19 U.S.C.
1337), and in sections 201. 4 and
210.45–50 of the Commission’s Rules of
Practice and Procedure (19 CFR 201.4,
210.45–50).
By order of the Commission.
Issued: September 20, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–24576 Filed 9–23–11; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under The Clean Air Act
Notice is hereby given that on
September 12, 2011, a proposed Consent
Decree in United States et al. v. J.L.
French LLC et al., Civil Action No. 2:11–
CV–00860, was lodged with the United
States District Court for the Eastern
District of Wisconsin.
The Consent Decree would resolve
claims for injunctive relief and the
assessment of civil penalties asserted by
the United States and the
Commonwealth of Kentucky
(collectively, ‘‘Plaintiffs’’) against J.L.
French LLC and a related corporate
entity Nelson Metal Products LLC
(collectively, ‘‘Defendants’’) pursuant to
Sections 113(b) and 304(a)(1) of the
Clean Air Act, 42 U.S.C. 7413(b) and
7604(a)(1).
Defendants process aluminum scrap
and dross to produce various secondary
aluminum products, a process that
results in emissions of regulated air
E:\FR\FM\26SEN1.SGM
26SEN1
]]>Agencies
[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Page 59425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24576]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-712]
In the Matter of Certain Digital Set-Top Boxes and Components
Thereof; Notice of Commission Determination to Grant Respondent'S
Petition For Reconsideration of the Commission Decision Not to Review a
Final Initial Determination Finding a Violation of Section 337;
Termination of the Investigation With a Finding of No Violation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (Athe Commission@) has determined to reconsider its decision
not to review the final initial determination (AID@) issued by the
presiding administrative law judge (AALJ@) on May 20, 2011, in the
above-captioned investigation, and, on review, to find no violation of
section 337 and terminate the investigation.
FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-3104. 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: This investigation was instituted on April
21, 2010, based on a complaint filed by Verizon Communications Inc. and
Verizon Services Corp. (collectively, AVerizon@), alleging a violation
of section 337 in the importation, sale for importation, and sale
within the United States after importation of certain digital set-top
boxes and components thereof, that infringe one or more of claim 14 of
U.S. Patent No. 5,635,979; claim 38 of U.S. Patent No. 5,666,293; claim
13 of U.S. Patent No. 6,381,748 (``the '748 patent''); claim 14 of U.S.
Patent No. 6,367,078; and claim 5 of U.S. Patent No. 7,561,214. 75 FR.
20861 (2010). Complainant named Cablevision Systems Corp. of Bethpage,
New York (ACablevision@) as the only respondent. Id.
On May 20, 2011, the ALJ issued his final ID finding a violation of
section 337. Specifically, the ALJ found that a violation of section
337 has occurred in the importation into the United States, the sale
for importation, or the sale within the United States after importation
of certain digital set-top boxes and components thereof that infringe
claim 13 of the >748 patent. On July 21, 2011, the Commission
determined not to review the ALJ's final ID, and requested that the
parties file written submissions on the issues of remedy, the public
interest, and bonding. See Notice of Commission Determination Not To
Review a Final Initial Determination (Dated July 21, 2011). The parties
filed timely opening and responsive submissions.
On August 8, 2011, respondent Cablevision filed a petition for
reconsideration of the Commission's determination not to review the
ALJ's finding of a violation of section 337 based on infringement of
claim 13 of the >748 patent. Respondent sought reconsideration of the
Commission's determination based on the August 2, 2011, entry of final
judgment by the U.S. District Court for the Eastern District of
Virginia in ActiveVideo Networks, Inc. v. Verizon Commc'ns Inc., No.
2:10-cv-248 (E.D. Va.) and the previous ruling in that action that
claim 13 of the >748 patent is invalid. Complainant Verizon filed an
opposition to respondent's petition, whereas the Commission
investigative attorney filed a response supporting respondent's
petition.
Having examined the record in this investigation, the Commission
has determined to grant respondent's petition for reconsideration and
waive its requirement that any petition for reconsideration be filed
within 14 days of the action taken. Accordingly, the Commission has
determined to review the ALJ's final ID and, on review, to find that
there is no violation of section 337 in this investigation based on the
preclusive effects of the district court's finding of invalidity. The
investigation is terminated. A Commission opinion in support of this
determination will be issued shortly.
The authority for this action is contained in section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 201. 4
and 210.45-50 of the Commission's Rules of Practice and Procedure (19
CFR 201.4, 210.45-50).
By order of the Commission.
Issued: September 20, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-24576 Filed 9-23-11; 8:45 am]
BILLING CODE 7020-02-P
