Sunshine Act Meeting, 65908 [2012-26851]

Download as PDF 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: http:// 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]
[Page 65908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26851]


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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;
    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