Certain Automated Media Library Devices; Notice of Commission Decision Remanding the Investigation as To U.S. Patent Nos. 6,328,766 and 6,353,581; Extension of Target Date, 65907-65908 [2012-26709]
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Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices
States within a reasonably foreseeable
time 3 and that revocation of the
antidumping duty orders on
silicomanganese from China and
Ukraine would be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.4
Background
The Commission instituted these
reviews on August 1, 2011 (76 FR
54272) and determined on November 4,
2011 that it would conduct full reviews
(76 FR 72212, November 22, 2011).
Notice of the scheduling of the
Commission’s reviews and of a public
hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register on April 13, 2012 (77 FR
22344). The hearing was held in
Washington, DC, on September 5, 2012,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission transmitted its
determinations in these reviews to the
Secretary of Commerce on October 24,
2012. The views of the Commission are
contained in USITC Publication 4354
(October 2012), entitled
Silicomanganese from Brazil, China,
and Ukraine: Investigation Nos. 731–
TA–671–673 (Third Review).
Issued: October 26, 2012.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–26747 Filed 10–30–12; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–746]
Certain Automated Media Library
Devices; Notice of Commission
Decision Remanding the Investigation
as To U.S. Patent Nos. 6,328,766 and
6,353,581; Extension of Target Date
U.S. International Trade
Commission.
ACTION: Notice.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to remand
to the presiding administrative law
SUMMARY:
3 Commissioner
4 Commissioner
Dean A. Pinkert dissenting.
Daniel R. Pearson dissenting with
regard to Ukraine.
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17:08 Oct 30, 2012
Jkt 229001
judge (‘‘ALJ’’) with respect to U.S.
Patent Nos. 6,328,766 (‘‘the ’766
patent’’) and 6,353,581 (‘‘the ’581
patent’’), and the target date for
completion of the investigation is
extended to March 25, 2013.
FOR FURTHER INFORMATION CONTACT:
Cathy Chen, Esq., Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–2392. 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: This
investigation was instituted on
November 24, 2010, based upon a
complaint filed by Overland Storage,
Inc. of San Diego, California
(‘‘Overland’’) on October 19, 2010, and
supplemented on November 9, 2010. 75
FR 71735 (Nov. 24, 2010). The
complaint alleged violations of section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337) by reason of
infringement of certain claims of the
’766 patent and the ’581 patent
(collectively, ‘‘the Asserted Patents’’).
The notice of investigation named as
respondents BDT AG of Rottweil,
Germany; BDT Solutions GmbH & Co.
KG of Rottweil, Germany; BDT
Automation Technology (Zhuhai FTZ),
Co., Ltd. of Zhuhai Guandang, China;
BDT de Mexico, S. de R.L. de C.V., of
Jalisco, Mexico; BDT Products, Inc., of
Irvine, California; Dell Inc. of Round
Rock, Texas (‘‘Dell’’); and International
Business Machines Corp. of Armonk,
New York (‘‘IBM’’). The Office of Unfair
Import Investigations was not named as
a party.
The ALJ granted BDT Solutions
GmbH & Co. KG’s motion for summary
determination of no violation on
September 2, 2011. See Notice of
Commission Determination Not to
Review an Initial Determination
Granting BDT Solutions’ Motion for
Summary Determination of No Violation
of Section 337 (Sep. 21, 2011). On
PO 00000
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Fmt 4703
Sfmt 4703
65907
December 5, 2011, the ALJ granted a
joint motion to terminate IBM and Dell
from the investigation. See Notice of
Commission Determination to Affirm an
Initial Determination Granting a Joint
Motion For Termination of the
Investigation by Settlement as to
Respondents International Business
Machines Corp. and Dell Inc. (Jan. 27,
2012). BDT AG; BDT Automation
Technology (Zhuhai FTZ), Co., Ltd.;
BDT de Mexico, S. de R.L. de C.V.; and
BDT Products, Inc. (collectively, ‘‘the
BDT Respondents’’) remain as
respondents in the investigation.
On June 20, 2012, the ALJ issued his
final ID, finding no violation of section
337 by the BDT Respondents with
respect to any of the asserted claims.
Specifically, the ALJ found no violation
of section 337 by the BDT Respondents
in connection with claims 1–3 and 7–9
of the ’766 patent and claims 1–2, 5–7,
9–10, 12, and 15–16 of the ’581 patent.
The ALJ also found that the asserted
claims were not shown to be invalid
except for claim 15 of the ’581 patent.
The ALJ further found that a domestic
industry in the United States exists that
practices the ’766 patent. The ALJ,
however, found that a domestic industry
in the United States does not exist that
practices the ’581 patent. The ALJ also
rejected the BDT Respondents’ patent
exhaustion defense.
On July 5, 2012, the BDT Respondents
filed a joint petition for review of
certain aspects of the final ID’s findings
concerning infringement of the ’766
patent, and invalidity and patent
exhaustion with respect to the Asserted
Patents. Also on July 5, 2012, Overland
filed a petition for review of certain
aspects of the final ID’s findings
concerning claim construction,
invalidity, and domestic industry with
respect to the ’581 patent, and
infringement of the Asserted Patents. On
July 13, 2012, Overland and the BDT
Respondents each filed a response.
On August 20, 2012, the Commission
determined to review the final ID in part
and requested briefing on several issues
it determined to review, and on remedy,
the public interest and bonding. 77 FR.
51573 (August 24, 2012). Specifically,
with respect to the ’766 patent, the
Commission determined to review the
ALJ’s finding that Overland did not
prove the BDT Respondents possessed
the requisite knowledge required for
contributory infringement. The
Commission also determined to review
the ALJ’s finding that the IBM
documents related to certain IBM tape
libraries do not qualify as printed
publications under 35 U.S.C. 102, and
the ALJ’s invalidity analysis concerning
any IBM documents that are found to
E:\FR\FM\31OCN1.SGM
31OCN1
tkelley on DSK3SPTVN1PROD with NOTICES
65908
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices
qualify as printed publications. With
respect to the ’581 patent, the
Commission determined to review the
ALJ’s construction of the claim term
‘‘linear array,’’ and the ALJ’s findings on
infringement and invalidity in view of
the proper construction of that claim
term. The Commission also determined
to review the ALJ’s finding that no
domestic industry exists with respect to
the ’581 patent. The Commission further
determined to review the ALJ’s rejection
of the BDT Respondents’ patent
exhaustion defense. The Commission
determined not to review the remaining
issues decided in the ID.
On September 4, 2012, the parties
filed written submissions on the issues
under review, remedy, the public
interest, and bonding. On September 12,
2012, the parties filed reply briefs. The
Commission did not receive any nonparty submissions.
Having examined the record of this
investigation, including the ALJ’s final
ID and the parties’ submissions, the
Commission has determined to remand
the investigation to the ALJ with respect
to the ’766 and the ’581 patents, and to
extend the target date.
Specifically, the Commission affirms,
with modified reasoning, the ALJ’s
finding that the BDT Respondents did
not contributorily infringe the asserted
claims of the ’766 patent. In particular,
the Commission finds that Overland
waived its right to argue that the
requisite knowledge required for
contributory infringement can be
presumed. The Commission also finds
that Overland has not proven that the
BDT Respondents imported, sold for
importation, or sold after importation
within the United States, any Accused
Products that contributed to IBM’s or
Dell’s direct infringement after the BDT
Respondents had knowledge of the ’766
patent. In addition, the Commission
reverses the ALJ’s finding that the IBM
documents related to the IBM 3570,
7331, 7336, and 3494 tape libraries do
not qualify as ‘‘printed publications’’
under 35 U.S.C. 102, but affirms the
ALJ’s finding that the IBM documents
related to the IBM 3575 tape library do
not qualify as ‘‘printed publications.’’
Accordingly, the Commission remands
the investigation to the ALJ to consider
whether the IBM documents that qualify
as prior art anticipate or, in combination
with their associated IBM tape library
and/or U.S. Patent No. 6,434,090, render
obvious the asserted claims of the ’766
patent.
With respect to the ’581 patent, the
Commission finds that the limitation
‘‘linear array’’ as recited in claims 1, 2,
5, 6, 7, 9, 10, 12, and 16 means ‘‘media
element storage locations [or cells]
VerDate Mar<15>2010
17:08 Oct 30, 2012
Jkt 229001
arranged in one or more straight lines.’’
The Commission affirms, with modified
reasoning, the ALJ’s finding of
noninfringement. The Commission also
affirms, with modified reasoning, the
ALJ’s finding that the ’581 patent was
not shown to be invalid. In addition, the
Commission reverses the ALJ’s finding
that Overland has failed to satisfy the
technical prong of the domestic industry
requirement. Specifically, the
Commission finds that Overland has
sustained its burden of showing by a
preponderance of the evidence that at
least its NEO 2000, 2000e, 4000, and
4000e tape libraries practice one or
more claims of the ’581 patent.
Accordingly, the Commission remands
the investigation to the ALJ to consider
whether Overland has satisfied the
economic prong of the domestic
industry requirement. Finally, the
Commission affirms, with modified
reasoning, the ALJ’s rejection of the BDT
Respondents’ patent exhaustion
defense.
The Commission has extended the
target date for completion of this
investigation to March 25, 2013.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.50 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.50).
By order of the Commission.
Issued: October 25, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–26709 Filed 10–30–12; 8:45 am]
BILLING CODE 7020–02–P
FOREIGN CLAIMS SETTLEMENT
COMMISSION
[F.C.S.C. Meeting and Hearing Notice No.
09–12]
Sunshine Act Meeting
The Foreign Claims Settlement
Commission, pursuant to its regulations
(45 CFR 503.25) and the Government in
the Sunshine Act (5 U.S.C. 552b),
hereby gives notice in regard to the
scheduling of open meetings as follows:
Thursday, November 8, 2012
10:00 a.m.—Oral hearings on
Objection to Commission’s Proposed
Decisions in Claim No. LIB–II–174;
11:00 a.m.—Issuance of Proposed
Decisions in claims against Libya and
Albania;
1:00 p.m.—Oral hearings on Objection
to Commission’s Proposed Decisions in
Claim No.—LIB–II–181;
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
2:00 p.m.—LIB–II–146.
Friday, November 9, 2012
9:00 a.m.—LIB–II–154;
10:00 a.m.—LIB–II–177.
Status: Open.
All meetings are held at the Foreign
Claims Settlement Commission,
600 E Street, NW., Washington, DC.
Requests for information, or advance
notices of intention to observe an open
meeting, may be directed to: Judith H.
Lock, Executive Officer, Foreign Claims
Settlement Commission, 600 E Street
NW., Suite 6002, Washington, DC
20579. Telephone: (202) 616–6975.
Jaleh F. Barrett,
Chief Counsel.
[FR Doc. 2012–26851 Filed 10–29–12; 11:15 am]
BILLING CODE 4410–BA–P
NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Comment Request
National Science Foundation.
Submission for OMB review;
Comment request.
AGENCY:
ACTION:
The National Science
Foundation (NSF) has submitted the
following information collection
requirement to OMB for review and
clearance under the Paperwork
Reduction Act of 1995, Public Law 104–
13. This is the second notice for public
comment; the first was published in the
Federal Register at 77 FR 38336. NSF is
forwarding the proposed renewal
submission to the Office of Management
and Budget (OMB) for clearance
simultaneously with the publication of
this second notice. The full submission
may be found at: https://
www.reginfo.gov/public/do/PRAMain.
Comments: Comments regarding (a)
whether the collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; (c) ways to enhance
the quality, utility and clarity of the
information to be collected; or (d) ways
to minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology should be
addressed to: Office of Information and
Regulatory Affairs of OMB, Attention:
Desk Officer for National Science
SUMMARY:
E:\FR\FM\31OCN1.SGM
31OCN1
Agencies
[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65907-65908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26709]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-746]
Certain Automated Media Library Devices; Notice of Commission
Decision Remanding the Investigation as To U.S. Patent Nos. 6,328,766
and 6,353,581; Extension of Target Date
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to remand to the presiding administrative law
judge (``ALJ'') with respect to U.S. Patent Nos. 6,328,766 (``the '766
patent'') and 6,353,581 (``the '581 patent''), and the target date for
completion of the investigation is extended to March 25, 2013.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 205-2392. 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: This investigation was instituted on
November 24, 2010, based upon a complaint filed by Overland Storage,
Inc. of San Diego, California (``Overland'') on October 19, 2010, and
supplemented on November 9, 2010. 75 FR 71735 (Nov. 24, 2010). The
complaint alleged violations of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337) by reason of infringement of certain claims
of the '766 patent and the '581 patent (collectively, ``the Asserted
Patents''). The notice of investigation named as respondents BDT AG of
Rottweil, Germany; BDT Solutions GmbH & Co. KG of Rottweil, Germany;
BDT Automation Technology (Zhuhai FTZ), Co., Ltd. of Zhuhai Guandang,
China; BDT de Mexico, S. de R.L. de C.V., of Jalisco, Mexico; BDT
Products, Inc., of Irvine, California; Dell Inc. of Round Rock, Texas
(``Dell''); and International Business Machines Corp. of Armonk, New
York (``IBM''). The Office of Unfair Import Investigations was not
named as a party.
The ALJ granted BDT Solutions GmbH & Co. KG's motion for summary
determination of no violation on September 2, 2011. See Notice of
Commission Determination Not to Review an Initial Determination
Granting BDT Solutions' Motion for Summary Determination of No
Violation of Section 337 (Sep. 21, 2011). On December 5, 2011, the ALJ
granted a joint motion to terminate IBM and Dell from the
investigation. See Notice of Commission Determination to Affirm an
Initial Determination Granting a Joint Motion For Termination of the
Investigation by Settlement as to Respondents International Business
Machines Corp. and Dell Inc. (Jan. 27, 2012). BDT AG; BDT Automation
Technology (Zhuhai FTZ), Co., Ltd.; BDT de Mexico, S. de R.L. de C.V.;
and BDT Products, Inc. (collectively, ``the BDT Respondents'') remain
as respondents in the investigation.
On June 20, 2012, the ALJ issued his final ID, finding no violation
of section 337 by the BDT Respondents with respect to any of the
asserted claims. Specifically, the ALJ found no violation of section
337 by the BDT Respondents in connection with claims 1-3 and 7-9 of the
'766 patent and claims 1-2, 5-7, 9-10, 12, and 15-16 of the '581
patent. The ALJ also found that the asserted claims were not shown to
be invalid except for claim 15 of the '581 patent. The ALJ further
found that a domestic industry in the United States exists that
practices the '766 patent. The ALJ, however, found that a domestic
industry in the United States does not exist that practices the '581
patent. The ALJ also rejected the BDT Respondents' patent exhaustion
defense.
On July 5, 2012, the BDT Respondents filed a joint petition for
review of certain aspects of the final ID's findings concerning
infringement of the '766 patent, and invalidity and patent exhaustion
with respect to the Asserted Patents. Also on July 5, 2012, Overland
filed a petition for review of certain aspects of the final ID's
findings concerning claim construction, invalidity, and domestic
industry with respect to the '581 patent, and infringement of the
Asserted Patents. On July 13, 2012, Overland and the BDT Respondents
each filed a response.
On August 20, 2012, the Commission determined to review the final
ID in part and requested briefing on several issues it determined to
review, and on remedy, the public interest and bonding. 77 FR. 51573
(August 24, 2012). Specifically, with respect to the '766 patent, the
Commission determined to review the ALJ's finding that Overland did not
prove the BDT Respondents possessed the requisite knowledge required
for contributory infringement. The Commission also determined to review
the ALJ's finding that the IBM documents related to certain IBM tape
libraries do not qualify as printed publications under 35 U.S.C. 102,
and the ALJ's invalidity analysis concerning any IBM documents that are
found to
[[Page 65908]]
qualify as printed publications. With respect to the '581 patent, the
Commission determined to review the ALJ's construction of the claim
term ``linear array,'' and the ALJ's findings on infringement and
invalidity in view of the proper construction of that claim term. The
Commission also determined to review the ALJ's finding that no domestic
industry exists with respect to the '581 patent. The Commission further
determined to review the ALJ's rejection of the BDT Respondents' patent
exhaustion defense. The Commission determined not to review the
remaining issues decided in the ID.
On September 4, 2012, the parties filed written submissions on the
issues under review, remedy, the public interest, and bonding. On
September 12, 2012, the parties filed reply briefs. The Commission did
not receive any non-party submissions.
Having examined the record of this investigation, including the
ALJ's final ID and the parties' submissions, the Commission has
determined to remand the investigation to the ALJ with respect to the
'766 and the '581 patents, and to extend the target date.
Specifically, the Commission affirms, with modified reasoning, the
ALJ's finding that the BDT Respondents did not contributorily infringe
the asserted claims of the '766 patent. In particular, the Commission
finds that Overland waived its right to argue that the requisite
knowledge required for contributory infringement can be presumed. The
Commission also finds that Overland has not proven that the BDT
Respondents imported, sold for importation, or sold after importation
within the United States, any Accused Products that contributed to
IBM's or Dell's direct infringement after the BDT Respondents had
knowledge of the '766 patent. In addition, the Commission reverses the
ALJ's finding that the IBM documents related to the IBM 3570, 7331,
7336, and 3494 tape libraries do not qualify as ``printed
publications'' under 35 U.S.C. 102, but affirms the ALJ's finding that
the IBM documents related to the IBM 3575 tape library do not qualify
as ``printed publications.'' Accordingly, the Commission remands the
investigation to the ALJ to consider whether the IBM documents that
qualify as prior art anticipate or, in combination with their
associated IBM tape library and/or U.S. Patent No. 6,434,090, render
obvious the asserted claims of the '766 patent.
With respect to the '581 patent, the Commission finds that the
limitation ``linear array'' as recited in claims 1, 2, 5, 6, 7, 9, 10,
12, and 16 means ``media element storage locations [or cells] arranged
in one or more straight lines.'' The Commission affirms, with modified
reasoning, the ALJ's finding of noninfringement. The Commission also
affirms, with modified reasoning, the ALJ's finding that the '581
patent was not shown to be invalid. In addition, the Commission
reverses the ALJ's finding that Overland has failed to satisfy the
technical prong of the domestic industry requirement. Specifically, the
Commission finds that Overland has sustained its burden of showing by a
preponderance of the evidence that at least its NEO 2000, 2000e, 4000,
and 4000e tape libraries practice one or more claims of the '581
patent. Accordingly, the Commission remands the investigation to the
ALJ to consider whether Overland has satisfied the economic prong of
the domestic industry requirement. Finally, the Commission affirms,
with modified reasoning, the ALJ's rejection of the BDT Respondents'
patent exhaustion defense.
The Commission has extended the target date for completion of this
investigation to March 25, 2013.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in section 210.50 of the Commission's Rules of Practice and Procedure
(19 CFR 210.50).
By order of the Commission.
Issued: October 25, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-26709 Filed 10-30-12; 8:45 am]
BILLING CODE 7020-02-P