Notice of Establishment of the National Commission on Forensic Science and Solicitation of Applications for Commission Membership, 12355-12356 [2013-04140]
Download as PDF
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
information concerning the Commission
may also be obtained by accessing its
Internet server (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 July 7, 2011, based on a complaint
filed by X2Y Attenuators, LLC of Erie,
Pennsylvania (‘‘X2Y’’). 76 FR 39,895
(July 7, 2011). The respondents are Intel
Corporation and Intel America, Inc.,
both of Santa Clara, California;
Componentes Intel de Costa Rica S.A. of
Heredia, Costa Rica; Intel Technology
Sdn Bhd of Penang, Malaysia; and Intel
Products (Chengdu) Ltd. of Chengdu,
China (collectively, ‘‘Intel’’), as well as
two of Intel’s customers who import
computers containing accused Intel
microprocessors, Apple Inc. of
Cupertino, California (‘‘Apple’’); and
Hewlett-Packard Company of Palo Alto,
California (‘‘HP’’).
Originally, X2Y asserted numerous
claims from five patents. X2Y later
received leave to amend the notice of
investigation to add a sixth patent,
Order No. 13 (Oct. 14, 2011), not
reviewed, Nov. 14, 2011, but X2Y later
moved to terminate the investigation as
to three of the six patents and as to
certain claims of the remaining three,
Order No. 35 (June 13, 2012), not
reviewed, June 29, 2012; Order No. 59
(Sept. 7, 2012), not reviewed, Oct. 4,
2012. What remains are claims 23 and
30 of U.S. Patent No. 7,609,500 (‘‘the
’500 patent’’); claims 29, 31, 33, and 36
of U.S. Patent No. 7,916,444 (‘‘the ’444
patent’’); and claims 20, 28–31 of U.S.
Patent No. 8,023,241 (‘‘the ’241 patent’’).
On December 14, 2012, the presiding
ALJ issued the ID. The ALJ found no
violation of section 337. Based
substantially on adoption of certain of
respondents’ claim constructions, the
ALJ found that none of the patent claims
were infringed and that most were
invalid as indefinite under 35 U.S.C.
112(b). The ALJ rejected the
respondents’ other section 112
challenges, as well as their equitable
defenses based upon equitable estoppel,
unclean hands, and laches. The ALJ
found in the alternative that if X2Y’s
claim constructions were adopted, all of
the asserted claims would be invalid
under 35 U.S.C. 102 or 103 in view of
the prior art.
On December 31, 2012, X2Y filed a
petition for review that challenged
VerDate Mar<15>2010
16:18 Feb 21, 2013
Jkt 229001
certain claim constructions, as well as
the ALJ’s findings of noninfringement
and invalidity. That same day, the
respondents filed a contingent petition
for review arguing additional bases for
no violation. On January 9, 2013, the
private parties opposed each other’s
petitions. In addition, the Commission
investigative attorney filed a narrow
opposition, which recommended
against Commission review of the
domestic industry issues raised by the
private parties.
Having examined the record of this
investigation, including the ALJ’s final
ID, the petition for review, and the
responses thereto, the Commission has
determined to review the final ID in
part.
With respect to the issues raised in
X2Y’s petition for review, the
Commission has determined to review
the ALJ’s determination that the term
‘‘portion’’ in the ’444 and ’241 patents
is indefinite under 35 U.S.C. 112(b). The
Commission finds that the term is not
insolubly ambiguous and affords the
term its ordinary meaning. The
Commission has also determined to
review and reverse the ALJ’s
determination that all of the asserted
patent claims have a ‘‘capacitance’’
requirement not part of the adopted
claim constructions. The Commission
has determined not to review the ALJ’s
constructions of the terms ‘‘electrode’’
(all asserted patents) and ‘‘perimeter
edge’’ (the ’241 patent). The
Commission has determined not to
review the ALJ’s finding of
noninfringement based upon these
constructions. Regarding the ALJ’s
alternative invalidity findings under 35
U.S.C. 102 and 103 based upon claim
constructions rejected by the ALJ and
the Commission, the Commission
reviews and vacates those
determinations.
In view of the foregoing, the
Commission, like the ALJ, therefore
does not reach the written description
and anticipation arguments raised by
the respondents in their contingent
petition, both of which rely on claim
constructions inconsistent with the
Commission’s findings.
X2Y petitioned for review of the ALJ’s
determination that X2Y did not
demonstrate the existence of a domestic
industry under 19 U.S.C. 1337(a)(3)(C)
through its licensing activities. The
respondents petitioned for review of the
ALJ’s determination that X2Y did
demonstrate the existence of a domestic
industry under section 337(a)(3)(C)
through the engineering, research and
development activities and investments
of X2Y’s licensee. The Commission has
determined to vacate the ALJ’s
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
12355
determinations under section
337(a)(3)(C) without reaching the merits.
The ALJ’s findings under this
subsection are nondispositive in view of
the Commission’s adopted claim
constructions. Moreover, it appears that
the issues would be nondispositive even
under X2Y’s proposed claim
constructions, in view of the ALJ’s
findings under section 337(a)(3)(A) and
(a)(3)(B).
The Commission has determined not
to review the remainder of the ID.
Accordingly, the Commission has
terminated this investigation with a
finding of no violation. The
Commission’s determinations will be set
forth more fully in the Commission’s
forthcoming opinion.
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).
Issued: February 15, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013–04070 Filed 2–21–13; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
[Docket No. OLP 153]
Notice of Establishment of the National
Commission on Forensic Science and
Solicitation of Applications for
Commission Membership
Department of Justice.
Notice of Establishment and
Solicitation of Applications for
Membership.
AGENCY:
ACTION:
Pursuant to the Federal
Advisory Committee Act, as amended,
the Attorney General will be
establishing the National Commission
on Forensic Science. This notice
establishes criteria and procedures for
the selection of members.
DATES: Applications must be received
on or before March 25, 2013.
ADDRESSES: All applications should be
submitted to: Armando Bonilla by email
at Armando.Bonilla2@usdoj.gov or by
mail at Department of Justice, 950
Pennsylvania Ave NW., Room 4313,
Washington, DC 20530.
FOR FURTHER INFORMATION CONTACT:
Armando Bonilla by email at
Armando.Bonilla2@usdoj.gov or by mail
at Department of Justice, 950
Pennsylvania Ave NW., Room 4313,
Washington, DC 20530.
SUMMARY:
E:\FR\FM\22FEN1.SGM
22FEN1
12356
Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Background and Authority: Pursuant
to the Federal Advisory Committee Act,
as amended (5 U.S.C. Appendix 2), the
Attorney General will be establishing
the National Commission on Forensic
Science (‘‘Commission’’). The Attorney
General has determined that the
Commission is necessary and in the
public interest.
The Commission will recommend
strategies for enhancing quality
assurance in forensic science units. The
duties of the Commission will include:
(a) Recommending priorities for
standards development; (b) reviewing
and recommending endorsement of
guidance identified or developed by
subject-matter experts; (c) developing
proposed guidance concerning the
intersection of forensic science and the
courtroom; (d) developing policy
recommendations, including a uniform
code of professional responsibility and
minimum requirements for training,
accreditation and/or certification; and
(e) identifying and assessing the current
and future needs of the forensic sciences
to strengthen their disciplines and meet
growing demand.
Structure: The Commission will be
co-chaired by the Department of Justice
and the National Institute of Standards
and Technology. Members will be
appointed by the Attorney General in
consultation with the Director of the
National Institute of Standards and
Technology and the co-chairs of the
Commission. Members will be selected
to achieve a diversity of experiences,
including Federal, State, and Local
forensic science service providers;
research scientists and academicians;
Federal, State, Local prosecutors,
defense attorneys and judges; law
enforcement; and other relevant
stakeholders. DOJ encourages
submissions from diverse applicants
with respect to backgrounds,
professions, ethnicities, gender, and
geography. The Commission shall
consist of approximately 30 members.
Members will serve without
compensation. The Commission will
generally meet four times each year at
approximately three-month intervals.
Applications: Any qualified person
may apply to be considered for
appointment to this advisory committee.
Each application should include: (1) A
resume or curriculum vitae; (2) a
statement of interest describing the
applicant’s relevant experience; (3) a
letter of recommendation; and (4) a
statement of support from the
applicant’s employer. Potential
candidates may be asked to provide
detailed information as necessary
regarding financial interests,
VerDate Mar<15>2010
16:18 Feb 21, 2013
Jkt 229001
employment, and professional
affiliations to evaluate possible sources
of conflicts of interest.
The application period will remain
open through March 25, 2013. The
applications must be sent in one
complete package, by paper or email, to
Armando Bonilla (contact information
above). If an application is submitted
electronically, please title the subject
line of the email, ‘‘NCFS Membership
2013.’’ Other sources, in addition to the
Federal Register notice, may be utilized
in the solicitation of applications.
Dated: February 19, 2013.
Elana Tyrangiel,
Acting Assistant Attorney General, Office of
Legal Policy.
[FR Doc. 2013–04140 Filed 2–21–13; 8:45 am]
BILLING CODE 4410–BB–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Telemanagement Forum
Notice is hereby given that, on
January 22, 2013, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
TeleManagement Forum (‘‘The Forum’’)
has filed written notifications
simultaneously with the Attorney
General and the Federal Trade
Commission disclosing changes in its
membership. The notifications were
filed for the purpose of extending the
Act’s provisions limiting the recovery of
antitrust plaintiffs to actual damages
under specified circumstances.
Specifically, the following parties have
been added as members to this venture:
4GOSS, Gatineau, CANADA; AAPT
Limited, Sydney, AUSTRALIA; ABIS &
Associates, Chessington, UNITED
KINGDOM; Agama Technologies,
¨
Linkoping, SWEDEN; ARSAT, Buenos
Aires, ARGENTINA; Boliviatel S.A.,
Cochabamba, BOLIVIA; Caribbean
Knowledge & Learning Network (CKLN),
St George’s, GRENADA; ClickSoftware,
Inc., Burlington, MA; CODIX USA,
Atlanta, GA; Concordus Applications
Inc, Sacramento, CA; Delta Partners,
Dubai, UNITED ARAB EMIRATES;
Digicel Fiji, Suva, FIJI; George Mason
University, Fairfax, VA; i Engineering
Group, Accra, GHANA; Incoma,
Moscow, RUSSIA; International
Software Techniques, Athens, GREECE;
Japan Mobile Platform, Tokyo, JAPAN;
Latin American Byte, Inc., Wickhams
Cay I—Road Town, VIRGIN ISLANDS
(BRITISH); LIRIS Lab (Personne
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
´
Morale), Villeurbanne Cedex, FRANCE;
MEASAT Broadcast Network Systems
Sdn Bhd (MBNS—Astro), Bukit Jalil,
MALAYSIA; MicroNova AG,
Vierkirchen, GERMANY; Mobinil—The
Egyptian Company for Mobile Services,
Cairo, EGYPT; ms-CNS Communication
Network Solutions GmbH, Vienna,
AUSTRIA; Network Laboratory,
Department of Information and
Communication Engineering, The
University of Tokyo, Tokyo, JAPAN;
New Generation Management
Consulting Pty Ltd, Rivonia, SOUTH
AFRICA; Onesto Services Oy, Jyvaskyla,
FINLAND; Orange System Group,
St.Petersburg, RUSSIA; Osaka
University, Osaka, JAPAN; Pictor
Consulting, Danderyd, SWEDEN;
Seconda Universita’ di Napoli—
Dipartimento di Ingegneria Industriale e
dell’ Informazione, Aversa (CE), ITALY;
Sitronics Telecom Solutions Co. (Pvt.)
Ltd, Lahore, PAKISTAN; Speedy Movil
Servicios SA De CV, Delegacion Miguel
Hidalgo, MEXICO; T2 Yaz(l(m Ltd. Sti.,
¸
Ankara, TURKEY; Technical University
of Sofia—Department of
Communications Networks, Sophia,
BULGARIA; TECNOCOM, Madrid,
SPAIN; Telcocell, Broomfield, CO;
Telefonica Moviles SA, Lima, PERU;
Terminus Technologies Pvt. Limited,
Ras Al Khaimah, UNITED ARAB
EMIRATES; The Open University,
Milton Keynes, UNITED KINGDOM;
The Rural Link, Calgary, CANADA;
TMSConsult.net, Kuala Lumpur,
MALAYSIA; Ultrapower Software Co.,
Ltd, Beijing, PEOPLE’S REPUBLIC OF
CHINA; Universidad del Cauca, Cauca,
COLOMBIA; Universita degli Studi di
Milano, Crema, ITALY; University of
Colorado School of Law, Boulder, CO;
VIA FERRATA, Hasselt, BELGIUM;
Videotron G.P., Montreal, CANADA;
Visa, San Francisco, CA; Vulliens Group
snc, Lausanne, SWITZERLAND.
The following members have changed
their names: Nato C3 Agency to NATO
Communications and Information
Agency, The Hague, NETHERLANDS;
OOCorp to ultraBASE, Miami, FL; SMI
Telecoms LLC to Quindell Telecoms,
London, UNITED KINGDOM; Northrop
Grumman Corporation—(Information
Systems, Defense Enterprise Solutions)
to Northrop Grumman Systems
Corporation, acting through its Northrop
Grumman Information Systems Sector,
Defense Technologies Division, McLean,
VA; Net Servicos to Net Servicos—
Membership, Chacara Santo Antonio,
BRAZIL; China Communication Service
Application and Solution Technology
Co., Ltd. to China Comservice Software
Technology Co., Ltd., Beijing, PEOPLE’S
REPUBLIC OF CHINA.
E:\FR\FM\22FEN1.SGM
22FEN1
Agencies
[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12355-12356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04140]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[Docket No. OLP 153]
Notice of Establishment of the National Commission on Forensic
Science and Solicitation of Applications for Commission Membership
AGENCY: Department of Justice.
ACTION: Notice of Establishment and Solicitation of Applications for
Membership.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Advisory Committee Act, as amended,
the Attorney General will be establishing the National Commission on
Forensic Science. This notice establishes criteria and procedures for
the selection of members.
DATES: Applications must be received on or before March 25, 2013.
ADDRESSES: All applications should be submitted to: Armando Bonilla by
email at Armando.Bonilla2@usdoj.gov or by mail at Department of
Justice, 950 Pennsylvania Ave NW., Room 4313, Washington, DC 20530.
FOR FURTHER INFORMATION CONTACT: Armando Bonilla by email at
Armando.Bonilla2@usdoj.gov or by mail at Department of Justice, 950
Pennsylvania Ave NW., Room 4313, Washington, DC 20530.
[[Page 12356]]
SUPPLEMENTARY INFORMATION:
Background and Authority: Pursuant to the Federal Advisory
Committee Act, as amended (5 U.S.C. Appendix 2), the Attorney General
will be establishing the National Commission on Forensic Science
(``Commission''). The Attorney General has determined that the
Commission is necessary and in the public interest.
The Commission will recommend strategies for enhancing quality
assurance in forensic science units. The duties of the Commission will
include: (a) Recommending priorities for standards development; (b)
reviewing and recommending endorsement of guidance identified or
developed by subject-matter experts; (c) developing proposed guidance
concerning the intersection of forensic science and the courtroom; (d)
developing policy recommendations, including a uniform code of
professional responsibility and minimum requirements for training,
accreditation and/or certification; and (e) identifying and assessing
the current and future needs of the forensic sciences to strengthen
their disciplines and meet growing demand.
Structure: The Commission will be co-chaired by the Department of
Justice and the National Institute of Standards and Technology. Members
will be appointed by the Attorney General in consultation with the
Director of the National Institute of Standards and Technology and the
co-chairs of the Commission. Members will be selected to achieve a
diversity of experiences, including Federal, State, and Local forensic
science service providers; research scientists and academicians;
Federal, State, Local prosecutors, defense attorneys and judges; law
enforcement; and other relevant stakeholders. DOJ encourages
submissions from diverse applicants with respect to backgrounds,
professions, ethnicities, gender, and geography. The Commission shall
consist of approximately 30 members. Members will serve without
compensation. The Commission will generally meet four times each year
at approximately three-month intervals.
Applications: Any qualified person may apply to be considered for
appointment to this advisory committee. Each application should
include: (1) A resume or curriculum vitae; (2) a statement of interest
describing the applicant's relevant experience; (3) a letter of
recommendation; and (4) a statement of support from the applicant's
employer. Potential candidates may be asked to provide detailed
information as necessary regarding financial interests, employment, and
professional affiliations to evaluate possible sources of conflicts of
interest.
The application period will remain open through March 25, 2013. The
applications must be sent in one complete package, by paper or email,
to Armando Bonilla (contact information above). If an application is
submitted electronically, please title the subject line of the email,
``NCFS Membership 2013.'' Other sources, in addition to the Federal
Register notice, may be utilized in the solicitation of applications.
Dated: February 19, 2013.
Elana Tyrangiel,
Acting Assistant Attorney General, Office of Legal Policy.
[FR Doc. 2013-04140 Filed 2-21-13; 8:45 am]
BILLING CODE 4410-BB-P