Certain Handheld Magnifiers and Products Containing Same; Institution of Investigation Pursuant to United States Code, 68862-68863 [2013-27319]

Download as PDF 68862 Federal Register / Vol. 78, No. 221 / Friday, November 15, 2013 / Notices U.S. Patent No. 6,424,292 (‘‘the ’292 patent’’); U.S. Patent No. 7,161,561 (‘‘the ’561 patent’’); and U.S. Patent No. 7,768,447 (‘‘the ’447 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. emcdonald on DSK67QTVN1PROD with NOTICES Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2013). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 8, 2013, ordered that — (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain navigation products, including GPS devices, navigation and display systems, radar systems, navigational aids, mapping systems and related software by reason of infringement of one or more of claims 1–5, and 7–20 of the ’565 patent; claims 1–6 of the ’292 patent; claims 1–10, 12, and 14 of the ’561 patent; and claims 1– VerDate Mar<15>2010 16:58 Nov 14, 2013 Jkt 232001 25 of the ’447 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact and a recommended determination on this issue, which shall be limited to the statutory public interest factors, 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Furuno Electric Co., Ltd., 9–52 Ashihara-cho, Nishinomiya City, Hyogo, 662–8580 Japan Furuno U.S.A., Inc., 4400 NW. Pacific Rim Boulevard, Camas, WA 98607 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: ¨ Garmin Ltd., Muhlentalstrasse 2, 8200 Schaffhausen, Switzerland Garmin International, Inc., 1200 East 151st Street, Olathe, KS 66062 Garmin North America, Inc., 1200 East 151st Street, Olathe, KS 66062 Garmin USA, Inc., 1200 East 151st Street, Olathe, KS 66062 ˚ Navico Holding AS, Nyaskaiveien 2, 4370 Egersund, Norway Navico UK Limited, Premier Way, Abbey Park, Romsey Hampshire, S051 9DH, United Kingdom Navico Inc., 4500 S. 129th East Avenue, Suite 200, Tulsa, OK 74134 Raymarine, Inc., 9 Townsend West, Nashua, NH 03063 Raymarine UK Ltd., Marine House, Cartwright Drive, Fareham, PO15 5RJ, United Kingdom (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: November 8, 2013. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2013–27318 Filed 11–14–13; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–901] Certain Handheld Magnifiers and Products Containing Same; Institution of Investigation Pursuant to United States Code U.S. International Trade Commission ACTION: Notice. AGENCY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 26, 2013, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Freedom Scientific, Inc. of St. Petersburg, Florida. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain handheld magnifiers and products containing same by reason of infringement of U.S. Design Patent No. D624,107 (‘‘the ’107 design patent’’) and certain claims of U.S. Patent No. 8,264,598 (‘‘the ’598 patent’’). The complaint further alleges that an SUMMARY: E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 78, No. 221 / Friday, November 15, 2013 / Notices industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205–2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205– 2000. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2560. emcdonald on DSK67QTVN1PROD with NOTICES Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2013). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 8, 2013, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain handheld magnifiers and products containing same by reason of infringement of one or more of the claim of the ’107 design patent and claims 1–7 of the ’598 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is: VerDate Mar<15>2010 16:58 Nov 14, 2013 Jkt 232001 Freedom Scientific, Inc., 11800 31st Court North, St. Petersburg, FL 33716–1805. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Aumed Group Corp., 3/F Building D, No. 31 Jiaoda Dong Road, Haidian District, Beijing 100044, China. Aumed Inc., 131 Glenn Way, Unit 5, San Carlos, CA 94070. (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: November 8, 2013. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2013–27319 Filed 11–14–13; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 68863 DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Stipulation, Consent Decree and Settlement Agreement Under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation, and Liability Act On November 8, 2013, the Department of Justice lodged a proposed Stipulation, Consent Decree and Settlement Agreement with the United States Bankruptcy Court for the Southern District of New York in In re DPH Holdings Corporation, et al., Civil Action No. 05–44481 (RDD). Under the settlement, Reorganized Debtor DPH Holdings Corporation, f/k/a Delphi Corporation, and certain of its affiliated Reorganized Debtors have agreed to transfer title to four debtorowned real properties to an environmental response trust and contribute a total of $23,142,065.00 to the trust to fund clean-up of these properties and the administrative expenses of the trust. The beneficiaries of the environmental response trust will be United States on behalf of the EPA, the State of Michigan on behalf of the Michigan Department of Environmental Quality (‘‘MDEQ’’) and the State of Ohio on behalf of the Ohio Environmental Protection Agency (‘‘Ohio EPA’’). The environmental response trust will receive $9,148,524 for the Delphi Automotive Systems Dort Highway Flint East Plant 400 and Plant 500 in Flint, Michigan, $10,425,449 for the former Delphi Saginaw Division Plant 2 in Saginaw, Michigan, $1,191,641 for an inactive asbestos landfill in Rootstown, Ohio, formerly operating under Delphi’s Packard Electric/Electronic Architecture Division, and $2,376,451 for the administrative expenses of the trust. The Reorganized Debtors also will pay $157,935 as an allowed administrative expense claim for oversight costs incurred with respect to the Dayton VOC Site in Dayton, Ohio. The publication of this notice opens a period for public comment on the Stipulation, Consent Decree and Settlement Agreement. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In re DPH Holdings Corporation, et al., Civil Action No. 05–44481 (RDD), D.J. Ref. No. 90–11–3–08913. All comments must be submitted no later than fifteen (15) days after the publication date of this notice. Comments may be submitted either by email or by mail: E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 78, Number 221 (Friday, November 15, 2013)]
[Notices]
[Pages 68862-68863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27319]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-901]


Certain Handheld Magnifiers and Products Containing Same; 
Institution of Investigation Pursuant to United States Code

AGENCY: U.S. International Trade Commission

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 26, 2013, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of Freedom Scientific, Inc. of St. Petersburg, Florida. The 
complaint alleges violations of section 337 based upon the importation 
into the United States, the sale for importation, and the sale within 
the United States after importation of certain handheld magnifiers and 
products containing same by reason of infringement of U.S. Design 
Patent No. D624,107 (``the '107 design patent'') and certain claims of 
U.S. Patent No. 8,264,598 (``the '598 patent''). The complaint further 
alleges that an

[[Page 68863]]

industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2013).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 8, 2013, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain handheld 
magnifiers and products containing same by reason of infringement of 
one or more of the claim of the '107 design patent and claims 1-7 of 
the '598 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Freedom Scientific, Inc., 11800 31st Court North, St. Petersburg, FL 
33716-1805.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Aumed Group Corp., 3/F Building D, No. 31 Jiaoda Dong Road, Haidian 
District, Beijing 100044, China.
Aumed Inc., 131 Glenn Way, Unit 5, San Carlos, CA 94070.
    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: November 8, 2013.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2013-27319 Filed 11-14-13; 8:45 am]
BILLING CODE 7020-02-P