Certain Wireless Devices With 3G Capabilities and Components Thereof Commission Determination To Grant an Unopposed Motion by Complainants To Withdraw the Complaint as to the Remaining Respondents; Termination of the Investigation, 9478-9479 [2014-03548]

Download as PDF 9478 Federal Register / Vol. 79, No. 33 / Wednesday, February 19, 2014 / Notices RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued Citation 30 CFR part 1243 EMCDONALD on DSK67QTVN1PROD with NOTICES TOTAL BURDEN ....... Reporting and recordkeeping requirement Hour burden Average number of annual responses ................................................................ ........................................... 105 .................................... Estimated Annual Reporting and Recordkeeping ‘‘Non-hour’’ Cost Burden: There are no additional recordkeeping costs associated with this information collection. However, ONRR estimates 5 appellants per year will pay a $50 fee to obtain credit data from a business information or credit reporting service, which is a total ‘‘non-hour’’ cost burden of $250 per year (5 appellants per year × $50 = $250). Public Disclosure Statement: The PRA (44 U.S.C. 3501 et seq.) provides that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Comments: Before submitting an ICR to OMB, PRA section 3506(c)(2)(A) requires each agency to ‘‘. . . provide 60-day notice in the Federal Register . . . and otherwise consult with members of the public and affected agencies concerning each proposed collection of information. . . .’’ Agencies must specifically solicit comments to: (1) Evaluate whether the proposed collection of information is necessary for the agency to perform its duties, including whether the information is useful; (2) evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) enhance the quality, usefulness, and clarity of the information to be collected; and (4) minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. The PRA also requires agencies to estimate the total annual reporting ‘‘non-hour cost’’ burden to respondents or recordkeepers resulting from the collection of information. If you have costs to generate, maintain, and disclose this information, you should comment and provide your total capital and startup cost components or annual operation, maintenance, and purchase of service components. You should describe the methods you use to estimate major cost factors, including system and technology acquisition, expected useful life of capital equipment, discount rate(s), and the period over which you incur costs. Capital and startup costs include, among other items, computers and VerDate Mar<15>2010 Annual burden hours 16:15 Feb 18, 2014 Jkt 232001 software you purchase to prepare for collecting information; monitoring, sampling, and testing equipment; and record storage facilities. Generally, your estimates should not include equipment or services purchased: (i) Before October 1, 1995; (ii) to comply with requirements not associated with the information collection; (iii) for reasons other than to provide information or keep records for the Government; or (iv) as part of customary and usual business or private practices. We will summarize written responses to this notice and address them in our ICR submission for OMB approval, including appropriate adjustments to the estimated burden. We will provide a copy of the ICR to you without charge upon request. We also will post the ICR on our Web site at http://www.onrr.gov/ Laws_R_D/FRNotices/ICR0122.htm. Public Comment Policy: ONRR will post all comments, including names and addresses of respondents at http:// www.regulations.gov. Before including Personally Identifiable Information (PII), such as address, phone number, email address, or other personal information in your comment(s), you should be aware that your entire comment (including PII) may be made available to the public at any time. While you may ask us, in your comment, to withhold PII from public view, we cannot guarantee that we will be able to do so. Information Collection Clearance Officer: David Alspach (202) 219–8526. Gregory J. Gould, Director, Office of Natural Resources Revenue. [FR Doc. 2014–03551 Filed 2–18–14; 8:45 am] BILLING CODE 4310–T2–P PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 210 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–800] Certain Wireless Devices With 3G Capabilities and Components Thereof Commission Determination To Grant an Unopposed Motion by Complainants To Withdraw the Complaint as to the Remaining Respondents; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to grant an unopposed motion by complainants to withdraw the investigation as to the following remaining respondents: LG Electronics, Inc. of Seoul, Republic of Korea; LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; and LG Electronics Mobilecomm U.S.A., Inc. of San Diego, California (collectively, ‘‘LG’’). The investigation is terminated in its entirety. FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–3042. 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 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. 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 August 31, 2011, based on a complaint filed by InterDigital Communications, LLC of King of SUMMARY: E:\FR\FM\19FEN1.SGM 19FEN1 EMCDONALD on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 79, No. 33 / Wednesday, February 19, 2014 / Notices Prussia, Pennsylvania; InterDigital Technology Corporation of Wilmington, Delaware; and IPR Licensing, Inc. of Wilmington, Delaware (collectively, ‘‘InterDigital’’). 76 FR 54252 (Aug. 31, 2011). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless devices with 3G capabilities and components thereof by reason of infringement of certain claims of United States Patent Nos. 7,349,540 (terminated from the investigation); 7,502,406 (the ’406 patent); 7,536,013 (the ’013 patent); 7,616,970 (the ’970 patent); 7,706,332 (the ’332 patent); 7,706,830 (the ’830 patent); and 7,970,127 (the ’127 patent). The notice of investigation named several respondents. The complaint and notice of investigation were subsequently amended to allege infringement of certain claims of United States Patent No. 8,009,636 (the ’636 patent) and to add the LG entities as respondents. 76 FR 81527 (Dec. 28, 2011). The complaint and notice of investigation were further amended to include an additional respondent. 77 FR 26788 (May 7, 2012). InterDigital Communications, LLC subsequently moved for leave to amend the Complaint and Notice of Investigation to reflect the fact that it converted from a Pennsylvania limited liability company to a Delaware corporation, and changed its name to InterDigital Communications, Inc. The ALJ issued an ID granting the motion and the Commission determined not to review. See Order No. 91 (Jan. 17, 2013); Notice of Commission Determination Not to Review an Initial Determination Granting Complainants’ Motion for Leave to Amend the Complaint and Notice of Investigation (Feb. 4, 2013). On June 4, 2012, the ALJ granted a motion by LG under 19 CFR 210.21(a)(2) to terminate the investigation as to LG based on an arbitration agreement. See Order No. 30 (June 4, 2012). The Commission determined not to review. InterDigital appealed LG’s termination from this investigation, and the Federal Circuit reversed the Commission’s determination. InterDigital Commc’ns, LLC v. Int’l Trade Comm’n, 718 F.3d 1336 (Fed. Cir. 2013). The mandate issued on October 10, 2013, returning jurisdiction to the Commission. On June 28, 2013, the ALJ issued his final initial determination (‘‘ID’’), finding no violation of section 337 by respondents whose products were adjudicated (‘‘Adjudicated Respondents’’). On December 19, 2013, VerDate Mar<15>2010 16:15 Feb 18, 2014 Jkt 232001 the Commission determined to affirm the ALJ’s finding of no violation of section 337 as to those respondents with the modifications set forth in a Commission opinion that issued on December 20, 2013. The Commission adopted the ALJ’s findings that the ’970, ’013, and ’127 patents are invalid in light of the prior art. However, due to the LG remand, the Commission noted that all other issues, namely, validity of the ’830, ’636, ’406, and ’332 patents, domestic industry, and FRAND continue to remain under review. On January 13, 2014, InterDigital moved to withdraw the complaint as to LG. On January 23, 2014, the Commission investigative attorney filed a response in support of the motion. That same day, LG filed a response stating that it does not oppose the motion. Having reviewed the motion and responses, the Commission has determined to grant the motion. The motion complies with the requirements of Commission Rule 210.21 (19 CFR 210.21) and includes the required statement that there are no agreements, written or oral, express or implied, between the parties concerning the subject matter of this investigation. In addition, there appear to be no extraordinary circumstances that would compel denying the motion. Certain Ultrafiltration Membrane Sys. and Components Thereof, Inv. No. 337–TA– 107, Commission Action and Order, at 2 (Mar. 11, 1982). As all the parties observe, terminating the investigation as to LG will conserve substantial public and private resources. Under these circumstances, termination of LG will not adversely affect the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, or U.S. consumers. In its December 19, 2013, notice terminating the Adjudicated Respondents, the Commission noted that due to the LG remand, issues pertaining to the validity of the Power Ramp Up (the ’830 and ’636 patents) and Power Control (the ’406 and ’332 patents) patents as well as domestic industry and FRAND remained under review. The Commission has determined to adopt the ALJ’s finding in the final ID that the Adjudicated Respondents failed to establish by clear and convincing evidence that the ’830, ’636, ’406, and ’332 patents are invalid. The Commission has determined to take no position on whether InterDigital established a domestic industry as required by 19 U.S.C. 1337(a)(2). In view of its finding that Adjudicated Respondents did not violate section 337 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 9479 because of non-infringement and the withdrawal of the remaining respondents, the Commission has also determined to take no position on the FRAND issues. See Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423 (Fed. Cir. 1984) (‘‘The Commission . . . is at perfect liberty to reach a ‘no violation’ determination on a single dispositive issue. That approach may often save the Commission, the parties, and this court substantial unnecessary effort.’’). 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 210.21, 210.42–46 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.21, 210.42– 46 and 210.50). Issued: February 12, 2014. By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2014–03548 Filed 2–18–14; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Affordable Care Act Advance Notice of Rescission Office of the Secretary, DOL. Notice. AGENCY: ACTION: The Department of Labor (DOL) is submitting the Employee Benefits Security Administration (EBSA) sponsored information collection request (ICR) titled, ‘‘Affordable Care Act Advance Notice of Rescission,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). DATES: Submit comments on or before March 21, 2014. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201312-1210-004 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or by email at DOL_PRA_ PUBLIC@dol.gov. SUMMARY: E:\FR\FM\19FEN1.SGM 19FEN1

Agencies

[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Notices]
[Pages 9478-9479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03548]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-800]


Certain Wireless Devices With 3G Capabilities and Components 
Thereof Commission Determination To Grant an Unopposed Motion by 
Complainants To Withdraw the Complaint as to the Remaining Respondents; 
Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to grant an unopposed motion by complainants 
to withdraw the investigation as to the following remaining 
respondents: LG Electronics, Inc. of Seoul, Republic of Korea; LG 
Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; and LG 
Electronics Mobilecomm U.S.A., Inc. of San Diego, California 
(collectively, ``LG''). The investigation is terminated in its 
entirety.

FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3042. 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 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. 
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 August 31, 2011, based on a complaint filed by InterDigital 
Communications, LLC of King of

[[Page 9479]]

Prussia, Pennsylvania; InterDigital Technology Corporation of 
Wilmington, Delaware; and IPR Licensing, Inc. of Wilmington, Delaware 
(collectively, ``InterDigital''). 76 FR 54252 (Aug. 31, 2011). The 
complaint alleged violations of section 337 of the Tariff Act of 1930, 
as amended 19 U.S.C. 1337, in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain wireless devices with 3G capabilities and 
components thereof by reason of infringement of certain claims of 
United States Patent Nos. 7,349,540 (terminated from the 
investigation); 7,502,406 (the '406 patent); 7,536,013 (the '013 
patent); 7,616,970 (the '970 patent); 7,706,332 (the '332 patent); 
7,706,830 (the '830 patent); and 7,970,127 (the '127 patent). The 
notice of investigation named several respondents. The complaint and 
notice of investigation were subsequently amended to allege 
infringement of certain claims of United States Patent No. 8,009,636 
(the '636 patent) and to add the LG entities as respondents. 76 FR 
81527 (Dec. 28, 2011). The complaint and notice of investigation were 
further amended to include an additional respondent. 77 FR 26788 (May 
7, 2012).
    InterDigital Communications, LLC subsequently moved for leave to 
amend the Complaint and Notice of Investigation to reflect the fact 
that it converted from a Pennsylvania limited liability company to a 
Delaware corporation, and changed its name to InterDigital 
Communications, Inc. The ALJ issued an ID granting the motion and the 
Commission determined not to review. See Order No. 91 (Jan. 17, 2013); 
Notice of Commission Determination Not to Review an Initial 
Determination Granting Complainants' Motion for Leave to Amend the 
Complaint and Notice of Investigation (Feb. 4, 2013).
    On June 4, 2012, the ALJ granted a motion by LG under 19 CFR 
210.21(a)(2) to terminate the investigation as to LG based on an 
arbitration agreement. See Order No. 30 (June 4, 2012). The Commission 
determined not to review. InterDigital appealed LG's termination from 
this investigation, and the Federal Circuit reversed the Commission's 
determination. InterDigital Commc'ns, LLC v. Int'l Trade Comm'n, 718 
F.3d 1336 (Fed. Cir. 2013). The mandate issued on October 10, 2013, 
returning jurisdiction to the Commission.
    On June 28, 2013, the ALJ issued his final initial determination 
(``ID''), finding no violation of section 337 by respondents whose 
products were adjudicated (``Adjudicated Respondents''). On December 
19, 2013, the Commission determined to affirm the ALJ's finding of no 
violation of section 337 as to those respondents with the modifications 
set forth in a Commission opinion that issued on December 20, 2013. The 
Commission adopted the ALJ's findings that the '970, '013, and '127 
patents are invalid in light of the prior art. However, due to the LG 
remand, the Commission noted that all other issues, namely, validity of 
the '830, '636, '406, and '332 patents, domestic industry, and FRAND 
continue to remain under review.
    On January 13, 2014, InterDigital moved to withdraw the complaint 
as to LG. On January 23, 2014, the Commission investigative attorney 
filed a response in support of the motion. That same day, LG filed a 
response stating that it does not oppose the motion.
    Having reviewed the motion and responses, the Commission has 
determined to grant the motion. The motion complies with the 
requirements of Commission Rule 210.21 (19 CFR 210.21) and includes the 
required statement that there are no agreements, written or oral, 
express or implied, between the parties concerning the subject matter 
of this investigation. In addition, there appear to be no extraordinary 
circumstances that would compel denying the motion. Certain 
Ultrafiltration Membrane Sys. and Components Thereof, Inv. No. 337-TA-
107, Commission Action and Order, at 2 (Mar. 11, 1982). As all the 
parties observe, terminating the investigation as to LG will conserve 
substantial public and private resources. Under these circumstances, 
termination of LG will not adversely affect the public health and 
welfare, competitive conditions in the U.S. economy, the production of 
like or directly competitive articles in the United States, or U.S. 
consumers.
    In its December 19, 2013, notice terminating the Adjudicated 
Respondents, the Commission noted that due to the LG remand, issues 
pertaining to the validity of the Power Ramp Up (the '830 and '636 
patents) and Power Control (the '406 and '332 patents) patents as well 
as domestic industry and FRAND remained under review. The Commission 
has determined to adopt the ALJ's finding in the final ID that the 
Adjudicated Respondents failed to establish by clear and convincing 
evidence that the '830, '636, '406, and '332 patents are invalid. The 
Commission has determined to take no position on whether InterDigital 
established a domestic industry as required by 19 U.S.C. 1337(a)(2). In 
view of its finding that Adjudicated Respondents did not violate 
section 337 because of non-infringement and the withdrawal of the 
remaining respondents, the Commission has also determined to take no 
position on the FRAND issues. See Beloit Corp. v. Valmet Oy, 742 F.2d 
1421, 1423 (Fed. Cir. 1984) (``The Commission . . . is at perfect 
liberty to reach a `no violation' determination on a single dispositive 
issue. That approach may often save the Commission, the parties, and 
this court substantial unnecessary effort.'').
    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 210.21, 210.42-46 and 210.50 of the Commission's Rules of 
Practice and Procedure (19 CFR 210.21, 210.42-46 and 210.50).


    Issued: February 12, 2014.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-03548 Filed 2-18-14; 8:45 am]
BILLING CODE 7020-02-P