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
<![CDATA[
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 https://www.onrr.gov/
Laws_R_D/FRNotices/ICR0122.htm.
Public Comment Policy: ONRR will
post all comments, including names and
addresses of respondents at https://
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 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 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 https://
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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 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 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
