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
<![CDATA[
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 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.
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
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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, https://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
https://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 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: 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, https://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
