Certain Communication Equipment, Components Thereof, and Products Containing the Same, Including Power Over Ethernet Telephones, Switches, Wireless Access Points, Routers and Other Devices Used in LANs, and Cameras; Institution of Investigation, 76436-76437 [2011-31346]
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Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Notices
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain devices with
secure communication capabilities,
components thereof, and products
containing the same that infringe one or
more of claims 1, 2, 4–12, 17, 19, 21, 22,
and 24–29 of the ’181 patent, and
whether an industry in the United
States exists or is in the process of being
established as required by subsection
(a)(2) of section 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: VirnetX, Inc.,
308 Dorla Court, Suite 206, Zephyr
Cove, NV 89448.
(b) The respondent is the following
entity alleged to be in violation of
section 337, and is the party upon
which the complaint is to be served:
Apple Inc., One Infinite Loop,
Cupertino, CA 95014.
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondent in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d)–(e) and 210.13(a),
such responses will be considered by
the Commission if received not later
than 20 days after the date of service by
the Commission of the complaint and
the notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of the respondent to file a
timely response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
VerDate Mar<15>2010
17:00 Dec 06, 2011
Jkt 226001
and desist order or both directed against
the respondent.
Issued: December 1, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–31347 Filed 12–6–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–817]
Certain Communication Equipment,
Components Thereof, and Products
Containing the Same, Including Power
Over Ethernet Telephones, Switches,
Wireless Access Points, Routers and
Other Devices Used in LANs, and
Cameras; Institution of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
November 1, 2011, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of ChriMar
Systems, Inc. d/b/a DMS Technologies
of Farmington Hills, Michigan. A
supplement was filed on November 10,
2011, and an amended complaint was
filed on November 16, 2011. The
complaint, as amended and
supplemented, alleges violations of
section 337 based upon the importation
into the United States, the sale for
importation, and the sale within the
United States after importation of
certain communication equipment,
components thereof, and products
containing the same, including power
over ethernet telephones, switches,
wireless access points, routers and other
devices used in LANs, and cameras by
reason of infringement of certain claims
of U.S. Patent No. 7,457,250 (‘‘the ’250
patent’’). The amended complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and cease and desist
orders.
ADDRESSES: The amended complaint
and supplement, except for any
confidential information contained
therein, are 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., Room
SUMMARY:
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112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained 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 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.
FOR FURTHER INFORMATION CONTACT: The
Office of Unfair Import Investigations,
U.S. International Trade Commission,
telephone (202) 205–2560.
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, and in section
210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10
(2011).
Scope of Investigation: Having
considered the amended complaint, the
U.S. International Trade Commission,
on December 1, 2011, Ordered That—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain communication
equipment, components thereof, and
products containing the same, including
power over ethernet telephones,
switches, wireless access points, routers
and other devices used in LANs and
cameras that infringe one or more of
claims 1, 2, 12, 13, 15, 19, 20, 22–26,
29–32, 38, 45, 46, 48, 50, 52, 53, 55, 56,
58–62, 65–68, 74, 81, 82, 84, 86, and 88
of the ’250 patent, and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337;
(2) Pursuant to Commission Rule
210.50(b)(1), 19 CFR 210.50(b)(1), the
presiding administrative law judge shall
take evidence or other information and
hear arguments from the parties and
other interested persons with respect to
the public interest in this investigation,
as appropriate, and provide the
Commission with findings of fact and a
recommended determination on this
issue;
(3) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
E:\FR\FM\07DEN1.SGM
07DEN1
srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Notices
this notice of investigation shall be
served:
(a) The complainant is:
ChriMar Systems, Inc., d/b/a CMS
Technologies, 36528 Grand River
Avenue, Suite A–1, Farmington
Hills, MI 48335.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties
upon which the amended
complaint is to be served:
Cisco Systems, Inc., 170 West Tasman
Drive, San Jose, CA 95134.
Cisco Consumer Products LLC, 120
Theory Drive, Irvine, CA 92617.
Cisco Systems International B.V.,
Haarlerbergpark, Haarlerbergweg
13–19, 1101 CH, Amsterdam,
Netherlands.
Cisco-Linksys LLC, 121 Theory Drive,
Irvine, CA 92617.
Hewlett-Packard Co., 3000 Hanover
Street, Palo Alto, CA 94304.
3Com Corporation, 350 Campus
Drive, Marlborough, MA 01752.
Avaya Inc., 211 Mt. Airy Road,
Basking Ridge, NJ 07920.
Extreme Networks, Inc., 3585 Monroe
Street, Santa Clara, CA 95051.
(c) The Office of Unfair Import
Investigations, U.S. International
Trade Commission, 500 E Street
SW., Suite 401, Washington, DC
20436; and
(4) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the amended complaint
and the notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(d)–(e) and 210.13(a),
such responses will be considered by
the Commission if received not later
than 20 days after the date of service by
the Commission of the amended
complaint and the notice of
investigation. Extensions of time for
submitting responses to the amended
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
amended complaint and in this notice
may be deemed to constitute a waiver of
the right to appear and contest the
allegations of the amended complaint
and this notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the amended complaint and
this notice and to enter an initial
VerDate Mar<15>2010
17:00 Dec 06, 2011
Jkt 226001
determination and a final determination
containing such findings, and may
result in the issuance of an exclusion
order or a cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: December 1, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–31346 Filed 12–6–11; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–540 and 541
(Third Review)]
Certain Welded Stainless Steel Pipe
From Korea and Taiwan
Determination
On the basis of the record 1 developed
in the subject five-year reviews, the
United States International Trade
Commission (Commission) determines,
pursuant to section 751(c) of the Tariff
Act of 1930 (19 U.S.C. 1675(c)), that
revocation of the antidumping duty
orders on certain welded stainless steel
pipe from Korea and Taiwan would be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.
Background
The Commission instituted these
reviews on July 1, 2011 (76 FR 38688)
and determined on October 4, 2011, that
it would conduct expedited reviews (76
FR 64106, October 17, 2011).
The Commission transmitted its
determination in these reviews to the
Secretary of Commerce on December 1,
2011. The views of the Commission are
contained in USITC Publication 4280
(December 2011), entitled Certain
Welded Stainless Steel Pipe from Korea
and Taiwan, Investigation Nos. 731–
TA–540 and 541 (Third Review).
By order of the Commission.
Issued: December 1, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011–31345 Filed 12–6–11; 8:45 am]
BILLING CODE 7020–02–P
1 The record is defined in sec. 207.2(f) of the
Commission(s Rules of Practice and Procedure (19
CFR 207.2(f)).
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76437
DEPARTMENT OF JUSTICE
Notice of Lodging of a Bankruptcy
Settlement Agreement Pursuant to the
Comprehensive Environmental
Response, Compensation, and Liability
Act
Notice is hereby given that a proposed
Bankruptcy Settlement Agreement
between the debtors and the
Environmental Protection Agency
(hereinafter ‘‘Bankruptcy Settlement
Agreement’’) in In re M.D. Moody &
Sons, Inc., et al., Chap. 11, Jointly
Administered under Case No. 3:09-bk6247, was lodged on or about November
30, 2011 (Docket No. 974), with the
United States Bankruptcy Court for the
Middle District of Florida, Jacksonville
Division. The proposed Bankruptcy
Settlement Agreement would resolve
the United States’ claims under Section
107 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’) of 1980, 42 U.S.C. 9607, as
amended, against the debtors related to
unpaid response costs incurred by the
Environmental Protection Agency in
connection with the release of
hazardous substances at the BCX
Superfund Site (‘‘Site’’) in Jacksonville,
Florida. EPA alleged that the debtors are
liable as persons who, by contract,
agreement, or otherwise, arranged for
the disposal of hazardous substances at
the Site. Under the proposed
Bankruptcy Settlement Agreement, the
debtors will pay the sum of $5,629.05 in
full in cash within 30 days of
Bankruptcy Court approval of the
Bankruptcy Settlement Agreement.
Pursuant to the Bankruptcy Settlement
Agreement, the Debtors will receive a
covenant not to sue from the United
States on behalf of EPA for the Site and
will receive protection from
contribution actions or claims as
provided by Section 113(f)(2) of
CERCLA, 42 U.S.C. 9613(f)(2) for the
matters addressed in the Bankruptcy
Settlement Agreement.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the proposed
Bankruptcy Settlement Agreement.
Comments should be addressed to the
Assistant Attorney General for the
Environment and Natural Resources
Division, Department of Justice, and
either emailed to pubcommentees.enrd@usdoj.gov or mailed to
P.O. Box 7611, U.S. Department of
Justice, Washington, DC 20044–7611
P.O. Box 7611, Washington, DC 20530,
and should refer to In re M.D. Moody &
Sons, Inc., et al., Chap. 11, Jointly
E:\FR\FM\07DEN1.SGM
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Agencies
[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Notices]
[Pages 76436-76437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31346]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-817]
Certain Communication Equipment, Components Thereof, and Products
Containing the Same, Including Power Over Ethernet Telephones,
Switches, Wireless Access Points, Routers and Other Devices Used in
LANs, and Cameras; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on November 1, 2011, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
ChriMar Systems, Inc. d/b/a DMS Technologies of Farmington Hills,
Michigan. A supplement was filed on November 10, 2011, and an amended
complaint was filed on November 16, 2011. The complaint, as amended and
supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain
communication equipment, components thereof, and products containing
the same, including power over ethernet telephones, switches, wireless
access points, routers and other devices used in LANs, and cameras by
reason of infringement of certain claims of U.S. Patent No. 7,457,250
(``the '250 patent''). The amended complaint further alleges that an
industry in the United States exists as required by subsection (a)(2)
of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The amended complaint and supplement, except for any
confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone (202) 205-2000.
Hearing impaired individuals are advised that information on this
matter can be obtained 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 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.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2011).
Scope of Investigation: Having considered the amended complaint,
the U.S. International Trade Commission, on December 1, 2011, Ordered
That--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain
communication equipment, components thereof, and products containing
the same, including power over ethernet telephones, switches, wireless
access points, routers and other devices used in LANs and cameras that
infringe one or more of claims 1, 2, 12, 13, 15, 19, 20, 22-26, 29-32,
38, 45, 46, 48, 50, 52, 53, 55, 56, 58-62, 65-68, 74, 81, 82, 84, 86,
and 88 of the '250 patent, and whether an industry in the United States
exists as required by subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue;
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which
[[Page 76437]]
this notice of investigation shall be served:
(a) The complainant is:
ChriMar Systems, Inc., d/b/a CMS Technologies, 36528 Grand River
Avenue, Suite A-1, Farmington Hills, MI 48335.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the amended
complaint is to be served:
Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134.
Cisco Consumer Products LLC, 120 Theory Drive, Irvine, CA 92617.
Cisco Systems International B.V., Haarlerbergpark, Haarlerbergweg
13-19, 1101 CH, Amsterdam, Netherlands.
Cisco-Linksys LLC, 121 Theory Drive, Irvine, CA 92617.
Hewlett-Packard Co., 3000 Hanover Street, Palo Alto, CA 94304.
3Com Corporation, 350 Campus Drive, Marlborough, MA 01752.
Avaya Inc., 211 Mt. Airy Road, Basking Ridge, NJ 07920.
Extreme Networks, Inc., 3585 Monroe Street, Santa Clara, CA 95051.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the amended complaint and the notice of investigation
must be submitted by the named respondents in accordance with section
210.13 of the Commission's Rules of Practice and Procedure, 19 CFR
210.13. Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses
will be considered by the Commission if received not later than 20 days
after the date of service by the Commission of the amended complaint
and the notice of investigation. Extensions of time for submitting
responses to the amended complaint and the notice of investigation will
not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each
allegation in the amended complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the amended complaint and this notice, and to authorize the
administrative law judge and the Commission, without further notice to
the respondent, to find the facts to be as alleged in the amended
complaint and this notice and to enter an initial determination and a
final determination containing such findings, and may result in the
issuance of an exclusion order or a cease and desist order or both
directed against the respondent.
By order of the Commission.
Issued: December 1, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-31346 Filed 12-6-11; 8:45 am]
BILLING CODE 7020-02-P