Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 6131 [2013-01761]
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Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Notices
(‘‘the ’949 patent’’); RE 41,922 (‘‘the ’922
patent’’); 7,863,533 (‘‘the ’533 patent’’);
7,789,697 (‘‘the ’697 patent’’); 7,912,501
(‘‘the ’501 patent’’); D558,757 (‘‘the
D’757 patent’’); and D618,678 (‘‘the
D’678 patent’’) (collectively, ‘‘the
Asserted Patents’’). The complaint
further alleges the existence of a
domestic industry. The respondents
named in the Commission’s notice of
investigation are Samsung Electronics
Co, Ltd. of Korea; Samsung Electronics
America, Inc. of Ridgefield Park, New
Jersey; and Samsung
Telecommunications America, LLC of
Richardson, Texas (collectively,
‘‘Samsung’’). A Commission
investigative attorney (‘‘IA’’)
participated in the investigation.
On May 3, 2012, the ALJ issued an ID
partially terminating the investigation
with respect to all claims of the ’533
patent; claims 1–3, 11, 12, 15, 16 and
21–27 of the ’697 patent; and claim 3 of
the ’949 patent (Order No. 17) (not
reviewed by the Commission, May 3,
2012).
On October 24, 2012, the ALJ issued
his final ID in this investigation finding
a violation of section 337 in connection
with the claim of the D’678 patent;
claims 1, 4–6 and 10–20 of the ’949
patent; claims 29, 30 and 33–35 of the
’922 patent; and claims 1–4 and 8 of the
’501 patent. The ALJ found no violation
of section 337 in connection with the
claim of the D’757 patent; claims 31 and
32 of the ’922 patent; and claims 13 and
14 of the ’697 patent. The ALJ also
found that the asserted claims of the
Asserted Patents were not shown to be
invalid. The ALJ further found that a
domestic industry in the United States
exists that practices the Asserted
Patents, except for the ’697 patent. On
November 7, 2012, the ALJ issued his
recommended determination on remedy
and bonding.
Apple and Samsung filed timely
petitions for review of various portions
of the final ID, as well as timely
responses to the petitions. The IA filed
only a response to the petitions for
review. On December 3, 2012, Apple
and Samsung filed public interest
comments pursuant to Commission rule
210.50(a)(4). That same day, non-party
Google filed submissions in response to
the Notice of Request for Statements on
the Public Interest. See 77 FR 68829–30
(Nov. 16, 2012).
Having examined the record of this
investigation, including the ALJ’s final
ID, the petitions for review, and the
responses thereto, the Commission has
determined to review the final ID in its
entirety. The Commission does not seek
further briefing at this time. Rather, the
Commission remands the investigation
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16:47 Jan 28, 2013
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to the ALJ with respect to certain issues
related to the ’922 patent and the ’501
patent, as set forth in the accompanying
Remand Order.
In light of the remand, the ALJ shall
set a new target date within thirty days
of this notice consistent with the
Remand Order. The current target date
for this investigation is March 27, 2013.
Briefing, if any, on remanded and
reviewed issues, and on remedy,
bonding, and the public interest will
follow Commission consideration of the
remand ID.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
sections 210.42–46 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42–46).
By order of the Commission.
Issued: January 23, 2013.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–01771 Filed 1–28–13; 8:45 am]
BILLING CODE 7020–02–P
the federal trustees), to complete two
restoration projects selected by the
trustees valued at approximately
$800,000.00, and to reimburse the
trustees for any further monitoring or
corrective action obligations after
completion of construction of the
restoration project. The Settlement
includes a covenant not to sue under
Section 107(a) of CERCLA.
The publication of this notice opens
a period for public comment on the
consent decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States and State of Texas v. GB
Biosciences Corp., et al., D.J. Ref. No.
90–5–1–1–09071. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
By e-mail
By mail .....
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
On January 22, 2013, the Department
of Justice lodged a proposed Consent
Decree in the United States District
Court for the Southern District of Texas
in the lawsuit entitled, United States
and State of Texas v. GB Biosciences
Corp., et al., Civil Action No. 4:13–CV–
00151.
In this action the United States, on
behalf of the National Oceanic and
Atmospheric Administration (‘‘NOAA’’)
and the U.S. Department of Interior
(‘‘DOI’’), as federal trustees, together
with the State of Texas, seeks natural
resource damages pursuant to Section
107(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(‘‘CERCLA’’), in connection with the
Greens Bayou Site located in Houston,
Texas (the ‘‘Site’’).
The United States and the State have
negotiated a consent decree with GB
Biosciences Corp., ISK Magnetics, Inc.,
and Occidental Chemical Corp.
(collectively ‘‘Settlors’’) to resolve the
CERCLA claims, as well as the state law
claims. Under the Consent Decree, the
Settlors agree to reimburse the United
States and the State for natural resource
damage assessment costs ($31,060.00 to
PO 00000
Frm 00067
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Send them to:
pubcommentees.enrd@usdoj.gov.
Assistant Attorney General
U.S. DOJ—ENRD
P.O. Box 7611,
Washington, D.C. 20044–7611.
During the public comment period,
the consent decree may be examined
and downloaded at this Justice
Department Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. We will provide
a paper copy of the consent decree upon
written request and payment of
reproduction costs. Please mail your
request and payment to: Consent Decree
Library, U.S. DOJ—ENRD, P.O. Box
7611, Washington, DC 20044–7611.
Please enclose a check or money order
for $54.75 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy
without the exhibits, the cost is $17.50.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2013–01761 Filed 1–28–13; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Importer of Controlled Substances;
Notice of Application; Mylan
Technologies, Inc.
Pursuant to Title 21 Code of Federal
Regulations 1301.34 (a), this is notice
that on December 7, 2012, Mylan
E:\FR\FM\29JAN1.SGM
29JAN1
]]>Agencies
[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Notices]
[Page 6131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01761]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On January 22, 2013, the Department of Justice lodged a proposed
Consent Decree in the United States District Court for the Southern
District of Texas in the lawsuit entitled, United States and State of
Texas v. GB Biosciences Corp., et al., Civil Action No. 4:13-CV-00151.
In this action the United States, on behalf of the National Oceanic
and Atmospheric Administration (``NOAA'') and the U.S. Department of
Interior (``DOI''), as federal trustees, together with the State of
Texas, seeks natural resource damages pursuant to Section 107(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act
(``CERCLA''), in connection with the Greens Bayou Site located in
Houston, Texas (the ``Site'').
The United States and the State have negotiated a consent decree
with GB Biosciences Corp., ISK Magnetics, Inc., and Occidental Chemical
Corp. (collectively ``Settlors'') to resolve the CERCLA claims, as well
as the state law claims. Under the Consent Decree, the Settlors agree
to reimburse the United States and the State for natural resource
damage assessment costs ($31,060.00 to the federal trustees), to
complete two restoration projects selected by the trustees valued at
approximately $800,000.00, and to reimburse the trustees for any
further monitoring or corrective action obligations after completion of
construction of the restoration project. The Settlement includes a
covenant not to sue under Section 107(a) of CERCLA.
The publication of this notice opens a period for public comment on
the consent decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States and State of Texas v. GB Biosciences
Corp., et al., D.J. Ref. No. 90-5-1-1-09071. All comments must be
submitted no later than thirty (30) days after the publication date of
this notice. Comments may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By e-mail......................... pubcomment-ees.enrd@usdoj.gov.
By mail........................... Assistant Attorney General
U.S. DOJ--ENRD
P.O. Box 7611,
Washington, D.C. 20044-7611.
------------------------------------------------------------------------
During the public comment period, the consent decree may be
examined and downloaded at this Justice Department Web site: https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy
of the consent decree upon written request and payment of reproduction
costs. Please mail your request and payment to: Consent Decree Library,
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
Please enclose a check or money order for $54.75 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the exhibits, the cost is $17.50.
Maureen Katz,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2013-01761 Filed 1-28-13; 8:45 am]
BILLING CODE 4410-15-P
