Certain Silicon Microphone Packages and Products Containing the Same; Determination To Rescind in Part the Limited Exclusion Order Entered on June 12, 2009, 68207-68208 [2011-28488]

Download as PDF srobinson on DSK4SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://www.edis.usitc.gov. Hearingimpaired 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 has received a complaint filed on Robert Bosch LLC on October 26, 2011. The complaint alleges 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 wiper blades. The complaint names as respondents ADM21 Co., Ltd. of Korea; ADM21 Co. (North America) Ltd. of NJ; Alberee Products, Inc. of MD; API Korea Co., Ltd. of Korea; Cequent Consumer Products, Inc. of OH; Corea Autoparts Producing Corporation of South Korea; Danyang UPC Auto Parts Co., Ltd. of China; Fu-Gang Co., Ltd. of Taiwan; PIAA Corporation USA of OR; Pylon Manufacturing Corp. of FL; RainEater, LLC of PA; Scan Top Enterprise Co., Ltd. of Taiwan; and Winplus North America Inc. of Canada. The complainant, proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five pages in length, on any public interest issues raised by the complaint. Comments should address whether issuance of an exclusion order and/or a cease and desist order in this investigation would negatively affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the potential orders; (iii) Indicate the extent to which like or directly competitive articles are produced in the United States or are otherwise available in the United States, with respect to the articles potentially subject to the orders; and (iv) Indicate whether Complainant, Complainant’s licensees, and/or third VerDate Mar<15>2010 16:50 Nov 02, 2011 Jkt 226001 party suppliers have the capacity to replace the volume of articles potentially subject to an exclusion order and a cease and desist order within a commercially reasonable time. Written submissions must be filed no later than by close of business, five business days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. 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. Submissions should refer to the docket number (‘‘Docket No. 2852’’) in a prominent place on the cover page and/or the first page. The Commission’s rules authorize filing submissions with the Secretary by facsimile or electronic means only to the extent permitted by section 201.8 of the rules (see Handbook for Electronic Filing Procedures, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ documents/handbook_on_electronic_ filing.pdf. Persons with questions regarding electronic filing should contact the Secretary (202) 205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.50(a)(4) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.50(a)(4)). Issued: October 26, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–28487 Filed 11–2–11; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 68207 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–720] Certain Silicon Microphone Packages and Products Containing the Same; Determination To Rescind in Part the Limited Exclusion Order Entered on June 12, 2009 U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to rescind in part the exclusion order entered on June 12, 2009 against respondent MEMS Technology Berhad (‘‘MemsTech’’) in the subject investigation to remove references to claim 1 of U.S. Patent No. 6,781,231 (‘‘the ‘231 patent’’) and claims 1, 2, 17, and 20 of U.S. Patent No. 7,242,089 (‘‘the ‘089 patent’’). FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2661. 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 (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 14, 2008, based on a complaint filed by Knowles Electronics LLC (‘‘Knowles’’). 73 FR 2277 (Jan. 14, 2008). The complaint, as supplemented, 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, or the sale within the United States after importation of certain silicon microphone packages and products containing the same that infringe claims 1 and 2 of the ‘231 patent and claims 1, 2, 9, 10, 15, 17, 20, 28, and 29 of the ‘089 patent. The complaint named MemsTech as the respondent. SUMMARY: E:\FR\FM\03NON1.SGM 03NON1 srobinson on DSK4SPTVN1PROD with NOTICES 68208 Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices On June 12, 2009, the Commission issued a limited exclusion order (‘‘the June 12, 2009 exclusion order’’) prohibiting the unlicensed entry into the United States of MemsTech silicon microphone packages that infringe claims 1 and 2 of the ‘231 patent and claims 1, 2, 9, 10, 15, 17, 20, 28, and 29 of the ‘089 patent. 74 FR 28724 (June 17, 2009). On October 13, 2009, MemsTech appealed the Commission’s determination to the U.S. Court of Appeals for the Federal Circuit. On June 3, 2011, the Federal Circuit affirmed the Commission’s final determination. MEMS Technology Berhad v. Int’l Trade Comm’n, No. 2010–1018, 2011 WL 2214091 (Fed. Cir. June 3, 2011) (unpublished). On December 16, 2009, the Commission instituted Certain Silicon Microphone Packages and Products Containing the Same, Inv. No. 337–TA– 695, in response to a different complaint filed by Knowles. 74 FR 68077 (Dec. 22, 2009). The complaint in Inv. No. 337– TA–695 alleged a violation of section 337 based on infringement of claim 1 of the ’231 patent and claims 1, 2, 7, 16, 17, 18, and 20 of the ’089 patent. The complaint named Analog Devices Inc. as the respondent. On November 22, 2010, the ALJ issued a final ID finding that all of the asserted patent claims are invalid under 35 U.S.C. 102 and 103, based on prior art not previously considered in the above-captioned investigation. On January 21, 2011, the Commission issued a notice determining not to review a majority of the ALJ’s determinations on patent validity, which resulted in a final determination that claim 1 of the ‘231 patent and claims 1, 2, 7, 16, 17, 18, and 20 of the ‘089 patent are invalid. Knowles appealed the Commission’s final determination to the Federal Circuit (Appeal No. 2011–1260), but Knowles later withdrew its appeal before the appeal was decided. On August 9, 2011, respondent MemsTech petitioned the Commission in the above-captioned investigation to rescind all directives in the June 12, 2009 exclusion order that are based on claim 1 of the 231 patent and claims 1, 2, 17, and 20 of the ’089 patent because the Commission determined those claims are invalid in Inv. No. 337–TA– 695. On August 22, 2011, complainant Knowles filed an opposition to MemsTech’s petition. The Commission has determined that its invalidity determinations in Inv. No. 337–TA–695 constitute changed circumstances and justify partial rescission of the June 12, 2009 exclusion order entered in the present investigation. The Commission has VerDate Mar<15>2010 16:50 Nov 02, 2011 Jkt 226001 determined to rescind the portions of the June 12, 2009 exclusion order that refer to claim 1 of the ‘231 patent and claims 1, 2, 17, and 20 of the ‘089 patent. All other provisions of the June 12, 2009 exclusion order remain in effect. 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 210.76 of the Commission’s Rules of Practice and Procedure (19 CFR 210.76). Issued: October 28, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–28488 Filed 11–2–11; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–482–485 and 731–TA–1191–1194 (Preliminary)] Circular Welded Carbon-Quality Steel Pipe From India, Oman, United Arab Emirates, and Vietnam; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigations Nos. 701–TA–482– 485 and 731–TA–1191–1194 (Preliminary) under sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. §§ 1671b(a) and 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury by reason of imports from circular welded carbon-quality steel pipe from India, Oman, United Arab Emirates, and Vietnam, provided for in subheadings 7306.19, 7306.30, and 7306.50 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Governments of India, Oman, United Arab Emirates, and Vietnam. Unless the Department of Commerce extends the time for initiation pursuant to sections 702(c)(1)(B) or 732(c)(1)(B) of the Act (19 U.S.C. §§ 1671a(c)(1)(B) or 1673a(c)(1)(B)), the Commission must SUMMARY: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by December 12, 2011. The Commission’s views are due at Commerce within five business days thereafter, or by December 19, 2011. For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). DATES: Effective Date: October 26, 2011. FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202) 205–2136), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://www.edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—These investigations are being instituted in response to a petition filed on October 26, 2011, by Allied Tube and Conduit, Harvey, IL; JMC Steel Group, Chicago, IL; Wheatland Tube, Sharon, PA; and United States Steel Corporation, Pittsburgh, PA. Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an E:\FR\FM\03NON1.SGM 03NON1

Agencies

[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Notices]
[Pages 68207-68208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28488]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-720]


Certain Silicon Microphone Packages and Products Containing the 
Same; Determination To Rescind in Part the Limited Exclusion Order 
Entered on June 12, 2009

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 rescind in part the exclusion order 
entered on June 12, 2009 against respondent MEMS Technology Berhad 
(``MemsTech'') in the subject investigation to remove references to 
claim 1 of U.S. Patent No. 6,781,231 (``the `231 patent'') and claims 
1, 2, 17, and 20 of U.S. Patent No. 7,242,089 (``the `089 patent'').

FOR FURTHER INFORMATION CONTACT: Clark S. Cheney, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2661. 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 (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 14, 2008, based on a complaint filed by Knowles Electronics 
LLC (``Knowles''). 73 FR 2277 (Jan. 14, 2008). The complaint, as 
supplemented, 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, or the sale within the United States after 
importation of certain silicon microphone packages and products 
containing the same that infringe claims 1 and 2 of the `231 patent and 
claims 1, 2, 9, 10, 15, 17, 20, 28, and 29 of the `089 patent. The 
complaint named MemsTech as the respondent.

[[Page 68208]]

    On June 12, 2009, the Commission issued a limited exclusion order 
(``the June 12, 2009 exclusion order'') prohibiting the unlicensed 
entry into the United States of MemsTech silicon microphone packages 
that infringe claims 1 and 2 of the `231 patent and claims 1, 2, 9, 10, 
15, 17, 20, 28, and 29 of the `089 patent. 74 FR 28724 (June 17, 2009). 
On October 13, 2009, MemsTech appealed the Commission's determination 
to the U.S. Court of Appeals for the Federal Circuit. On June 3, 2011, 
the Federal Circuit affirmed the Commission's final determination. MEMS 
Technology Berhad v. Int'l Trade Comm'n, No. 2010-1018, 2011 WL 2214091 
(Fed. Cir. June 3, 2011) (unpublished).
    On December 16, 2009, the Commission instituted Certain Silicon 
Microphone Packages and Products Containing the Same, Inv. No. 337-TA-
695, in response to a different complaint filed by Knowles. 74 FR 68077 
(Dec. 22, 2009). The complaint in Inv. No. 337-TA-695 alleged a 
violation of section 337 based on infringement of claim 1 of the '231 
patent and claims 1, 2, 7, 16, 17, 18, and 20 of the '089 patent. The 
complaint named Analog Devices Inc. as the respondent. On November 22, 
2010, the ALJ issued a final ID finding that all of the asserted patent 
claims are invalid under 35 U.S.C. 102 and 103, based on prior art not 
previously considered in the above-captioned investigation. On January 
21, 2011, the Commission issued a notice determining not to review a 
majority of the ALJ's determinations on patent validity, which resulted 
in a final determination that claim 1 of the `231 patent and claims 1, 
2, 7, 16, 17, 18, and 20 of the `089 patent are invalid. Knowles 
appealed the Commission's final determination to the Federal Circuit 
(Appeal No. 2011-1260), but Knowles later withdrew its appeal before 
the appeal was decided.
    On August 9, 2011, respondent MemsTech petitioned the Commission in 
the above-captioned investigation to rescind all directives in the June 
12, 2009 exclusion order that are based on claim 1 of the 231 patent 
and claims 1, 2, 17, and 20 of the '089 patent because the Commission 
determined those claims are invalid in Inv. No. 337-TA-695. On August 
22, 2011, complainant Knowles filed an opposition to MemsTech's 
petition.
    The Commission has determined that its invalidity determinations in 
Inv. No. 337-TA-695 constitute changed circumstances and justify 
partial rescission of the June 12, 2009 exclusion order entered in the 
present investigation. The Commission has determined to rescind the 
portions of the June 12, 2009 exclusion order that refer to claim 1 of 
the `231 patent and claims 1, 2, 17, and 20 of the `089 patent. All 
other provisions of the June 12, 2009 exclusion order remain in effect.
    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 210.76 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.76).

     Issued: October 28, 2011.

    By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-28488 Filed 11-2-11; 8:45 am]
BILLING CODE 7020-02-P