Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (IV); Decision To Review-In-Part an Initial Determination Granting In-Part Complainant's Motion for Summary Determination of Violation of Section 337, and on Review To Vacate All Portions of the Initial Determination Relating to U.S. Patent No. 5,248,919; Request for Submissions, 43612-43614 [2012-18052]

Download as PDF 43612 Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Notices by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Julie L. Weaver, Chief, Fluid Minerals Adjudication, at 307–775–6176. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10 per acre, or fraction thereof, per year and 162⁄3 percent, respectively. The lessee has paid the required $500 administrative fee and $159 to reimburse the Department for the cost of this Federal Register notice. The lessee has met all the requirements for reinstatement of the lease as set out in Sections 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the BLM is proposing to reinstate lease WYW154148 effective October 1, 2011, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. The BLM has not issued a valid lease to any other interest affecting the lands. FOR FURTHER INFORMATION CONTACT: Julie L. Weaver, Chief, Branch of Fluid Minerals Adjudication. Debra A. Olsen, Land Law Examiner. BILLING CODE 4310–22–P Bureau of Land Management [WY–923–1310–FI; WYW179184] Bureau of Land Management [WY–923–1310–FI; WYW172987] Proposed Reinstatement of Terminated Oil and Gas Lease WYW172987, Wyoming Bureau of Land Management, Interior. ACTION: Notice. AGENCY: Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from Tyler Rockies Exploration, LTD, for competitive oil and gas lease WYW172987 for land in Natrona and Converse County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. SUMMARY: VerDate Mar<15>2010 17:49 Jul 24, 2012 Jkt 226001 Proposed Reinstatement of Terminated Oil and Gas Lease WYW179184, Wyoming Bureau of Land Management, Interior. ACTION: Notice. AGENCY: Under the provisions of the Mineral Leasing Act of 1920, as amended, the Bureau of Land Management (BLM) received a petition for reinstatement from Legacy Energy, Inc., for competitive oil and gas lease WYW179184 for land in Park County, Wyoming. The petition was filed on time and was accompanied by all the rentals due since the date the lease terminated under the law. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Julie L. Weaver, Chief, Fluid Minerals SUMMARY: PO 00000 Frm 00042 Fmt 4703 [FR Doc. 2012–18025 Filed 7–24–12; 8:45 am] INTERNATIONAL TRADE COMMISSION BILLING CODE 4310–22–P DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Carmen Lovett, Land Law Examiner. BILLING CODE 4310–22–P [FR Doc. 2012–18029 Filed 7–24–12; 8:45 am] srobinson on DSK4SPTVN1PROD with NOTICES Adjudication, at 307–775–6176. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10 per acre, or fraction thereof, per year and 162⁄3 percent, respectively. The lessee has paid the required $500 administrative fee and $159 to reimburse the Department for the cost of this Federal Register notice. The lessee has met all the requirements for reinstatement of the lease as set out in Sections 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the BLM is proposing to reinstate lease WYW179184 effective May 1, 2012, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. The BLM has not issued a valid lease to any other interest affecting the lands. [FR Doc. 2012–18024 Filed 7–24–12; 8:45 am] Bureau of Land Management, Julie L. Weaver, Chief, Fluid Minerals Adjudication, at 307–775–6176. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 to contact the above individual during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease terms for rentals and royalties at rates of $10 per acre, or fraction thereof, per year and 162⁄3 percent, respectively. The lessee has paid the required $500 administrative fee and $159 to reimburse the Department for the cost of this Federal Register notice. The lessee has met all the requirements for reinstatement of the lease as set out in Sections 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188), and the BLM is proposing to reinstate lease WYW172987 effective August 1, 2011, under the original terms and conditions of the lease and the increased rental and royalty rates cited above. The BLM has not issued a valid lease to any other interest affecting the lands. Sfmt 4703 [Investigation No. 337–TA–776] Certain Lighting Control Devices Including Dimmer Switches and Parts Thereof (IV); Decision To Review-InPart an Initial Determination Granting In-Part Complainant’s Motion for Summary Determination of Violation of Section 337, and on Review To Vacate All Portions of the Initial Determination Relating to U.S. Patent No. 5,248,919; Request for Submissions U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to reviewin-part an initial determination (‘‘ID’’) (Order No. 18) of the presiding administrative law judge (‘‘ALJ’’) granting in-part complainant’s motion for summary determination of violation of section 337. The Commission has determined on review to vacate all portions of his ID relating to U.S. Patent SUMMARY: E:\FR\FM\25JYN1.SGM 25JYN1 Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Notices No. 5,248,919 (‘‘the ’919 patent’’) as moot due to the expiration of the patent on March 31, 2012. The Commission also requests written submissions regarding remedy, bonding, and the public interest, relating to U.S. Patent No. 5,637,930 (‘‘the ’930 patent’’). FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–2310. 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 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. The Commission instituted this investigation on June 15, 2011, based on a complaint filed by Lutron Electronics Co., Inc. (‘‘Lutron’’) of Coopersburg, Pennsylvania. 76 FR 35015–16. The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 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 lighting control devices including dimmer switches and parts thereof by reason of infringement of certain claims of the ’930 and ’919 patents. The complaint further alleges the existence of a domestic industry. The Commission’s notice of investigation named the following respondents: American Top Electric Corp. (‘‘American Top’’) and Big Deal Electric Corp. (‘‘Big Deal’’), both of Santa Ana, California; Zhejiang Lux Electric Co. Ltd. (‘‘Zhejiang Lux’’), Zhejiang Yuelong Mechanical and Electrical Co. (‘‘Zhejiang Yuelong’’), and Wenzhou Huir Electric Science & Technology Co. Ltd. (‘‘Wenzhou Huir’’), all of Zhejiang, China; Westgate Manufacturing, Inc. (‘‘Westgate’’) of Vernon, California; Elemental LED, LLC (‘‘Elemental’’) and Diode LED (‘‘Diode’’) both of Emeryville, California; Pass & Seymour, Inc. (‘‘Pass & Seymour’’) of srobinson on DSK4SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:49 Jul 24, 2012 Jkt 226001 Syracuse, New York; and AH Lighting of Los Angeles, California. On September 9, 2011, the Commission issued notice of its determination not to review the ALJ’s ID (Order No. 9) granting Lutron’s motion to amend the complaint and notice of investigation to substitute Elemental d/b/a Diode LED (‘‘Elemental’’) as a respondent in place of Elemental and Diode. On November 22, 2011 and February 27, 2012, respectively, the Commission issued notices of its determinations not to review the ALJ’s IDs (Order Nos. 10 and 15) terminating Pass & Seymour and AH Lighting from the investigation based on consent orders. On December 12, 2011, the ALJ issued an ID (Order No. 11) finding Elemental in default under Commission rule 210.16(b)(3) based on its own election. On January 17, 2012, the Commission issued notice of its determination to review the ID, and on review to find Elemental in default under Commission rules 210.16(a)(2), (b)(2). Also, on January 17, 2012, Westgate filed a notice electing to default. On March 5, 2012, the ALJ issued an ID (Order No. 17) finding Westgate in default under Commission rules 210.16(a)(2), (b)(2). In the same ID, the ALJ found respondents Big Deal, American Top, Wenzhou Huir, Zhejiang Yuelong, and Zhejiang Lux in default under Commission rule 210.16 for failing to respond to the complaint and notice of investigation, and for failing to respond to his show cause order issued on February 8, 2012 (Order No. 14). On March 21, 2012, the Commission issued notice of its determination not to review his ID finding these six respondents in default. On January 20, 2012, Lutron filed a motion for summary determination of violation of section 337 pursuant to Commission rule 210.16(c)(2) and requested entry of a general exclusion order with respect to the ’930 patent. Lutron also requested entry of a limited exclusion order with respect to the ’919 patent directed against the accused products of all defaulting respondents. Lutron further requested cease and desist orders with respect to both asserted patents against all defaulting respondents, except for Westgate. The Commission investigative attorney (‘‘IA’’) filed a response supporting much of the motion. The ALJ issued the subject ID on June 7, 2012, granting in-part the motion for summary determination. The ALJ found that all defaulting respondents met the importation requirement and that complainant satisfied the domestic industry requirement. See 19 U.S.C. 1337(a)(1)(B), (a)(2). He found that each PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 43613 of the defaulting respondents’ accused products infringe one or more of the asserted claims of the ’930 patent, except for one accused product with respect to claim 178. He found that the defaulting respondents infringe the asserted claims of the ’919 patent in accordance with Commission rule 210.16(c). The ID also contained the ALJ’s recommended determination on remedy and bonding. Specifically, the ALJ did not recommend issuance of a general exclusion order with respect to the ’930 patent, and recommended issuance of a limited exclusion order with respect to all defaulting respondents for the asserted claims of both asserted patents. Also, he recommended cease and desist orders directed against respondents Big Deal, American Top, and Elemental with respect to the asserted claims of both asserted patents. The ALJ further recommended that the Commission set a bond of 100 percent of the entered value of the covered products during the period of Presidential review. No petitions for review of the subject ID were filed. Having examined the record of this investigation, including the ALJ’s ID, the Commission has determined to review-in-part the ID. The ’919 patent expired on March 31, 2012, which terminated the Commission’s jurisdiction as to this patent. See 19 U.S.C. § 1337(a)(1)(B)(i). The Commission has therefore determined on review to vacate all portions of the ALJ’s ID relating to the ’919 patent as moot including his finding of a violation of section 337 with respect to the ’919 patent based on infringement. The Commission has determined not to review the remainder of the ID. 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 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 E:\FR\FM\25JYN1.SGM 25JYN1 srobinson on DSK4SPTVN1PROD with NOTICES 43614 Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Notices 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 and prescribed by the Secretary of the Treasury. 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: 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 date that the ’930 patent expires and the HTSUS numbers under which the accused products are imported. The written submissions and proposed remedial orders must be filed no later than close of business on August 2, 2012. Reply submissions must be filed no later than the close of business on August 9, 2012. No further submissions on these issues will be permitted unless otherwise ordered by the Commission. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to VerDate Mar<15>2010 17:49 Jul 24, 2012 Jkt 226001 Commission rule 210.4(f), 19 CFR 210.4(f). Submissions should refer to the investigation number (‘‘Inv. No. 337– TA–776’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). Any person desiring to submit a document (or portion thereof) 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 section 201.6 of the Commission’s Rules of Practice and Procedure, 19 CFR 201.6. 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. Issued: July 19, 2012. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–18052 Filed 7–24–12; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Pursuant to the Clean Air Act Notice is hereby given that on July 13, 2012, a proposed consent decree in United States, et al. v. Chevron U.S.A. Inc., et al., Civil Action No. 12–4328 (FSH), was lodged with the United States District Court for the District of New Jersey. The proposed consent decree will settle claims by the United States and the State of New Jersey relating to alleged violations of Sections 112 and 114 of the Clean Air Act, 42 U.S.C. 7412 and 7414, and the regulations promulgated thereunder pertaining to leak detection and repair (‘‘LDAR’’) for hazardous air pollutants, 40 CFR Part 63, Subparts A, H and CC, at an asphalt petroleum refinery owned and operated by Chevron U.S.A. Inc. and Chevron PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 U.S.A. Inc. d/b/a Chevron Products Company in Perth Amboy, New Jersey. The proposed consent decree requires the payment of a $463,750 civil penalty. In addition, although the plant has not refined asphalt since 2008, Chevron agrees to implement an enhanced LDAR program in the event refinery operations restart within the three year time frame of the proposed consent decree. The Department of Justice will receive for a period of thirty (30) days from the date of this publication comments relating to the proposed 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, et al. v. Chevron U.S.A. Inc., et al., D.J. Ref. 90–5–2–1–09627. During the public comment period, the proposed consent decree, may also be examined on the following Department of Justice Web site, to http://www.usdoj.gov/enrd/ Consent_Decrees.html. A copy of the proposed 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 $11.75 (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. 2012–18096 Filed 7–24–12; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Advanced Media Workflow Association, Inc. Notice is hereby given that, on July 3, 2012, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 E:\FR\FM\25JYN1.SGM 25JYN1

Agencies

[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Notices]
[Pages 43612-43614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18052]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-776]


Certain Lighting Control Devices Including Dimmer Switches and 
Parts Thereof (IV); Decision To Review-In-Part an Initial Determination 
Granting In-Part Complainant's Motion for Summary Determination of 
Violation of Section 337, and on Review To Vacate All Portions of the 
Initial Determination Relating to U.S. Patent No. 5,248,919; Request 
for Submissions

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review-in-part an initial determination 
(``ID'') (Order No. 18) of the presiding administrative law judge 
(``ALJ'') granting in-part complainant's motion for summary 
determination of violation of section 337. The Commission has 
determined on review to vacate all portions of his ID relating to U.S. 
Patent

[[Page 43613]]

No. 5,248,919 (``the '919 patent'') as moot due to the expiration of 
the patent on March 31, 2012. The Commission also requests written 
submissions regarding remedy, bonding, and the public interest, 
relating to U.S. Patent No. 5,637,930 (``the '930 patent'').

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. 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 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 June 15, 2011, based on a complaint filed by Lutron Electronics Co., 
Inc. (``Lutron'') of Coopersburg, Pennsylvania. 76 FR 35015-16. The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended, 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 lighting control devices including dimmer 
switches and parts thereof by reason of infringement of certain claims 
of the '930 and '919 patents. The complaint further alleges the 
existence of a domestic industry. The Commission's notice of 
investigation named the following respondents: American Top Electric 
Corp. (``American Top'') and Big Deal Electric Corp. (``Big Deal''), 
both of Santa Ana, California; Zhejiang Lux Electric Co. Ltd. 
(``Zhejiang Lux''), Zhejiang Yuelong Mechanical and Electrical Co. 
(``Zhejiang Yuelong''), and Wenzhou Huir Electric Science & Technology 
Co. Ltd. (``Wenzhou Huir''), all of Zhejiang, China; Westgate 
Manufacturing, Inc. (``Westgate'') of Vernon, California; Elemental 
LED, LLC (``Elemental'') and Diode LED (``Diode'') both of Emeryville, 
California; Pass & Seymour, Inc. (``Pass & Seymour'') of Syracuse, New 
York; and AH Lighting of Los Angeles, California.
    On September 9, 2011, the Commission issued notice of its 
determination not to review the ALJ's ID (Order No. 9) granting 
Lutron's motion to amend the complaint and notice of investigation to 
substitute Elemental d/b/a Diode LED (``Elemental'') as a respondent in 
place of Elemental and Diode. On November 22, 2011 and February 27, 
2012, respectively, the Commission issued notices of its determinations 
not to review the ALJ's IDs (Order Nos. 10 and 15) terminating Pass & 
Seymour and AH Lighting from the investigation based on consent orders.
    On December 12, 2011, the ALJ issued an ID (Order No. 11) finding 
Elemental in default under Commission rule 210.16(b)(3) based on its 
own election. On January 17, 2012, the Commission issued notice of its 
determination to review the ID, and on review to find Elemental in 
default under Commission rules 210.16(a)(2), (b)(2). Also, on January 
17, 2012, Westgate filed a notice electing to default. On March 5, 
2012, the ALJ issued an ID (Order No. 17) finding Westgate in default 
under Commission rules 210.16(a)(2), (b)(2). In the same ID, the ALJ 
found respondents Big Deal, American Top, Wenzhou Huir, Zhejiang 
Yuelong, and Zhejiang Lux in default under Commission rule 210.16 for 
failing to respond to the complaint and notice of investigation, and 
for failing to respond to his show cause order issued on February 8, 
2012 (Order No. 14). On March 21, 2012, the Commission issued notice of 
its determination not to review his ID finding these six respondents in 
default.
    On January 20, 2012, Lutron filed a motion for summary 
determination of violation of section 337 pursuant to Commission rule 
210.16(c)(2) and requested entry of a general exclusion order with 
respect to the '930 patent. Lutron also requested entry of a limited 
exclusion order with respect to the '919 patent directed against the 
accused products of all defaulting respondents. Lutron further 
requested cease and desist orders with respect to both asserted patents 
against all defaulting respondents, except for Westgate. The Commission 
investigative attorney (``IA'') filed a response supporting much of the 
motion.
    The ALJ issued the subject ID on June 7, 2012, granting in-part the 
motion for summary determination. The ALJ found that all defaulting 
respondents met the importation requirement and that complainant 
satisfied the domestic industry requirement. See 19 U.S.C. 
1337(a)(1)(B), (a)(2). He found that each of the defaulting 
respondents' accused products infringe one or more of the asserted 
claims of the '930 patent, except for one accused product with respect 
to claim 178. He found that the defaulting respondents infringe the 
asserted claims of the '919 patent in accordance with Commission rule 
210.16(c). The ID also contained the ALJ's recommended determination on 
remedy and bonding. Specifically, the ALJ did not recommend issuance of 
a general exclusion order with respect to the '930 patent, and 
recommended issuance of a limited exclusion order with respect to all 
defaulting respondents for the asserted claims of both asserted 
patents. Also, he recommended cease and desist orders directed against 
respondents Big Deal, American Top, and Elemental with respect to the 
asserted claims of both asserted patents. The ALJ further recommended 
that the Commission set a bond of 100 percent of the entered value of 
the covered products during the period of Presidential review. No 
petitions for review of the subject ID were filed.
    Having examined the record of this investigation, including the 
ALJ's ID, the Commission has determined to review-in-part the ID. The 
'919 patent expired on March 31, 2012, which terminated the 
Commission's jurisdiction as to this patent. See 19 U.S.C. Sec.  
1337(a)(1)(B)(i). The Commission has therefore determined on review to 
vacate all portions of the ALJ's ID relating to the '919 patent as moot 
including his finding of a violation of section 337 with respect to the 
'919 patent based on infringement. The Commission has determined not to 
review the remainder of the ID.
    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 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

[[Page 43614]]

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 and prescribed by the 
Secretary of the Treasury. 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: 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 date that the '930 patent expires and the HTSUS 
numbers under which the accused products are imported. The written 
submissions and proposed remedial orders must be filed no later than 
close of business on August 2, 2012. Reply submissions must be filed no 
later than the close of business on August 9, 2012. No further 
submissions on these issues will be permitted unless otherwise ordered 
by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to Commission rule 210.4(f), 19 CFR 210.4(f). Submissions 
should refer to the investigation number (``Inv. No. 337-TA-776'') in a 
prominent place on the cover page and/or the first page. (See Handbook 
for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf).
    Any person desiring to submit a document (or portion thereof) 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 section 201.6 of the 
Commission's Rules of Practice and Procedure, 19 CFR 201.6. 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.

    Issued: July 19, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-18052 Filed 7-24-12; 8:45 am]
BILLING CODE 7020-02-P