Notice of Lodging of Consent Decree Under the Toxic Substances Control Act, 11158 [2012-4369]

Download as PDF srobinson on DSK4SPTVN1PROD with NOTICES 11158 Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices from the investigation). The complaint named Apple Inc. as the Respondent. On October 17, 2011, the ALJ issued his final ID, finding no violation of section 337 by the Respondent. Specifically, the ALJ found that the Commission has subject matter jurisdiction and that Apple did not contest that the Commission has in rem and in personam jurisdiction. The ALJ also found that there was an importation into the United States, sale for importation, or sale within the United States after importation of the accused portable electronic devices and related software. Regarding infringement, the ALJ found that Apple does not infringe claims 1, 2, 4, 6, 10, 11, 14 and 15 of the ’800 patent, claims 1 and 10 of the ’988 patent, claims 8–9 of the ’957 patent and claims 1–2 of the ’505 patent. With respect to invalidity, the ALJ found that the asserted claims are not invalid. Finally, the ALJ concluded that an industry exists within the United States that practices the ’988 and ’957 patents, but not the ’800 and ’505 patents as required by 19 U.S.C. 1337(a)(2). On October 31, 2011, HTC filed a petition for review of the ID, which also included a contingent petition for review. Also on October 31, 2011, Apple filed a contingent petition for review. On November 8, 2011, the parties filed responses to the petition and contingent petitions for review. On December 16, 2011, the Commission determined to review the ID in part. The Commission determined to review the ALJ’s findings for ’800 patent in its entirety and requested briefing on nine issues, and on remedy, the public interest and bonding. 76 FR 79708–09 (Dec. 22, 2011). The Commission did not review any issues related to the ’505 patent and reviewed in part the ALJ’s findings for the ’988 and ’957 patents. Id. The Commission took no position on one limitation and affirmed the remainder of the ALJ’s findings for the ’988 and ’957 patents. Id. The Commission terminated those patents from the investigation. Id. On January 4, 2012, the parties filed written submissions on the issues under review, remedy, the public interest, and bonding. On January 11, 2012, the parties filed reply submissions on the issues on review, remedy, the public interest, and bonding. Having examined the record of this investigation, including the ALJ’s final ID, the Commission has determined that there is no violation of section 337. Specifically, the Commission has determined to reverse the ALJ’s finding that the ‘‘switching the PDA system from normal mode to sleep mode when the PDA system has been idle for a VerDate Mar<15>2010 18:34 Feb 23, 2012 Jkt 226001 second period of time’’ limitation of claim 1 is met and affirm the ALJ’s determination that the accused products do not meet the ‘‘implementing a power detection method comprising steps of: detecting an amount of power of a source in the power system; switching the mobile phone system to off mode when the detected amount is less than a first threshold; and switching the PDA system to off mode when the detected amount is less than a second threshold’’ limitations of claim 1. In addition, the Commission affirms the ALJ’s finding that no domestic industry exists for the ’800 patent. The Commission also finds that Apple’s waiver argument is moot. 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 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42–46). By order of the Commission. Issued: February 17, 2012. James R. Holbein, Secretary to the Commission. [FR Doc. 2012–4263 Filed 2–23–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Toxic Substances Control Act Notice is hereby given that on February 7, 2012, a proposed Consent Decree in United States v. Dover Chemical Corp., Civil Action No. 5:12– cv–00292–SL was lodged with the United States District Court for the Northern District of Ohio. In this action, the United States sought injunctive relief from Defendant Dover Chemical Corporation (‘‘Dover Chemical’’) for violations of the Toxic Substances Control Act (‘‘TSCA’’) Section 15, 15 U.S.C. 2614. The Complaint alleges that Dover Chemical manufactured and continues to manufacture multiple ‘‘new chemical substances’’ as defined in TSCA Section 3(9), 15 U.S.C. 2602(9), at its chemical manufacturing plants located in Dover, Ohio and Hammond, Indiana, while failing to comply with the manufacturing and processing notices required under TSCA Section 5, 15 U.S.C. 2604. The Consent Decree requires Dover Chemical to pay a $1.4 million civil penalty. Dover Chemical has halted manufacture of short-chain chlorinated paraffins and committed to submit premanufacture notices (‘‘PMNs’’) for PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 medium and long-chain chlorinated paraffins, pursuant to TSCA Section 5. The proposed Consent Decree prohibits Dover Chemical from manufacturing any chlorinated paraffin product not placed on the TSCA Inventory via the PMN process. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and either emailed to pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611, and should refer to United States v. Dover Chemical Corp., D.J. Ref. 90–5–2–1–10116. During the public comment period, the Consent Decree, may also be examined on the following Department of Justice Web site, to https:// www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the Consent Decree may also be obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 20044–7611 or by faxing or emailing a request to ‘‘Consent Decree Copy’’(EESCDCopy. ENRD@usdoj.gov), fax no. (202) 514– 0097, phone confirmation number (202) 514–5271. If requesting a copy from the Consent Decree Library by mail, please enclose a check in the amount of $6.75 (25 cents per page reproduction cost) payable to the U.S. Treasury or, if requesting by email or fax, forward a check in that amount to the Consent Decree Library at the address given above. Maureen Katz, Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2012–4369 Filed 2–23–12; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Decree Under the Clean Water Act Notice is hereby given that on February 17, 2012, a proposed Consent Decree in In Re: Oil Spill by the Oil Rig ‘‘Deepwater Horizon’’ in the Gulf of Mexico, on April 20, 2010, MDL 2179, was lodged with the United States District Court for the Eastern District of Louisiana. In this action the United States sought, in part, civil penalties under Section 311(b) of the Clean Water Act, E:\FR\FM\24FEN1.SGM 24FEN1

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Department of Justice

[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Page 11158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4369]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Toxic Substances 
Control Act

    Notice is hereby given that on February 7, 2012, a proposed Consent 
Decree in United States v. Dover Chemical Corp., Civil Action No. 5:12-
cv-00292-SL was lodged with the United States District Court for the 
Northern District of Ohio.
    In this action, the United States sought injunctive relief from 
Defendant Dover Chemical Corporation (``Dover Chemical'') for 
violations of the Toxic Substances Control Act (``TSCA'') Section 15, 
15 U.S.C. 2614. The Complaint alleges that Dover Chemical manufactured 
and continues to manufacture multiple ``new chemical substances'' as 
defined in TSCA Section 3(9), 15 U.S.C. 2602(9), at its chemical 
manufacturing plants located in Dover, Ohio and Hammond, Indiana, while 
failing to comply with the manufacturing and processing notices 
required under TSCA Section 5, 15 U.S.C. 2604.
    The Consent Decree requires Dover Chemical to pay a $1.4 million 
civil penalty. Dover Chemical has halted manufacture of short-chain 
chlorinated paraffins and committed to submit premanufacture notices 
(``PMNs'') for medium and long-chain chlorinated paraffins, pursuant to 
TSCA Section 5. The proposed Consent Decree prohibits Dover Chemical 
from manufacturing any chlorinated paraffin product not placed on the 
TSCA Inventory via the PMN process.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, and either emailed to 
pubcomment-ees.enrd@usdoj.gov or mailed to P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Dover Chemical Corp., D.J. Ref. 90-5-2-1-10116.
    During the public comment period, the Consent Decree, may also be 
examined on the following Department of Justice Web site, to https://www.usdoj.gov/enrd/Consent_Decrees.html. A copy of the Consent Decree 
may also be obtained by mail from the Consent Decree Library, P.O. Box 
7611, U.S. Department of Justice, Washington, DC 20044-7611 or by 
faxing or emailing a request to ``Consent Decree 
Copy''(EESCDCopy.ENRD@usdoj.gov), fax no. (202) 514-0097, phone 
confirmation number (202) 514-5271. If requesting a copy from the 
Consent Decree Library by mail, please enclose a check in the amount of 
$6.75 (25 cents per page reproduction cost) payable to the U.S. 
Treasury or, if requesting by email or fax, forward a check in that 
amount to the Consent Decree Library at the address given above.

Maureen Katz,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2012-4369 Filed 2-23-12; 8:45 am]
BILLING CODE 4410-15-P

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