Certain Audiovisual Components and Products Containing the Same; Commission Determination To Grant the Motions to Partially Terminate the Investigation as to All Claims Relating to U.S. Patent Nos. 5,780,087, 6,982,663, and 6,707,867; Final Determination of No Violation With Respect to U.S. Patent No. 6,452,958; Termination of the Investigation, 13328-13329 [2014-05072]

Download as PDF 13328 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Notices calling the Federal Relay Service at 800– 877–8339. SUPPLEMENTARY INFORMATION: Today’s Federal Register notice announces that HUD has posted its FY 2014 and FY 2015 Comprehensive Housing Counseling Grant Program NOFA on http://www.Grants.gov and http:// portal.hud.gov/hudportal/HUD?src=/ program_offices/administration/grants/ fundsavail. Approximately $38.5 million is expected to be available for eligible applicants under this NOFA for FY 2014 through the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014. HUD intends to award FY 2015 Comprehensive Housing Counseling Program Grants from this NOFA, provided such funds are appropriated by Congress. The application deadline date is April 7, 2014. Applications must be received by Grants.gov no later than 11:59:59 p.m. Eastern Time on the application deadline date. See Section IV of the General Section, regarding application procedures, timely filing requirements, and grace period policy. HUD may issue a technical correction to this NOFA if necessary. Any such technical correction will provide detailed instructions for Applicants regarding the resubmission of applications to address the revised NOFA requirements. Dated: March 4, 2014. Anne M. Morillon, Director, Grants Management and Oversight Division, Office of Strategic Planning and Management. [FR Doc. 2014–05093 Filed 3–7–14; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5700–N–28] Notice of HUD’s Fiscal Year (FY) 2013 Notice of Funding Availability (NOFA) for Section 811 Project Rental Assistance Program Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD. ACTION: Notice of Funding Availability (NOFA) for HUD’s Fiscal Year (FY) 2013 Section 811 Supportive Housing for Persons with Disabilities (Section 811) Project Rental Assistance (PRA) Program. emcdonald on DSK67QTVN1PROD with NOTICES AGENCY: This notice announces that HUD has posted on http:// www.Grants.gov and http:// www.HUD.gov a Notice of Funding Availability (NOFA) for HUD’s Fiscal SUMMARY: VerDate Mar<15>2010 18:00 Mar 07, 2014 Jkt 232001 Year (FY) 2013 Section 811 Supportive Housing for Persons with Disabilities (Section 811) Project Rental Assistance (PRA) Program. FOR FURTHER INFORMATION CONTACT: Questions regarding specific program requirements should be directed to Lessie Powell Evans, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6234, Washington, DC 20410 or to PRAapplications@hud.gov. HUD expects to hold an information webcast via satellite or a webinar for potential applicants to learn more about the Program and preparation of an application. For more information about the date and time of this webcast, consult the HUD Web site at www.hud.gov. SUPPLEMENTARY INFORMATION: Today’s Federal Register notice announces that HUD has posted its FY 2013 Section 811 Supportive Housing for Persons with Disabilities (Section 811) Project Rental Assistance (PRA) Program on http:// www.Grants.gov and http:// portal.hud.gov/hudportal/HUD?src=/ program_offices/administration/grants/ fundsavail. This NOFA comprises both the (FY) 2013 General Section posted on www.Grants.gov on August 8, 2012, and this program NOFA. This NOFA announces the availability of Section 811 PRA funding for state housing or other appropriate housing agencies to provide project-based rental assistance in the development of supportive housing for extremely low-income persons with disabilities. To be eligible for Section 811 PRA funds, these housing agencies must have a formal partnership with the State health and human service agency and the state agency designated to administer or supervise the administration of the State plan for medical assistance under Title XIX of the Social Security Act (Medicaid) who will be providing appropriate services and supports directly to residents. In many states, this is the same agency, so the NOFA will refer to the ‘‘State Health and Human Services/Medicaid Agency’’. This Section 811 PRA program is designed to develop and support sustainable partnerships with state housing agencies and State Health and Human Services/ Medicaid agencies that will result in long-term strategies to provide permanent affordable rental housing for people with disabilities receiving assistance under Title XIX of the Social Security Act or other individuals with disabilities receiving comparable longterm services and supports in the community. The application deadline PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 date is 11:59:59 p.m. on May 5, 2014. Applications must be received by Grants.gov no later than 11:59:59 p.m. eastern time on the application deadline date. Approximately $100 million is available in FY 2013 and approximately $20 million in FY 2014, totaling $120 million in funding. Additional funding may be available based on carry-over funds from prior years. Dated: March 4, 2014. Anne M. Morillon, Director, Grants Management and Oversight Division, Office of Strategic Planning and Management. [FR Doc. 2014–05096 Filed 3–7–14; 8:45 am] BILLING CODE 4210–67–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–837] Certain Audiovisual Components and Products Containing the Same; Commission Determination To Grant the Motions to Partially Terminate the Investigation as to All Claims Relating to U.S. Patent Nos. 5,780,087, 6,982,663, and 6,707,867; Final Determination of No Violation With Respect to U.S. Patent No. 6,452,958; 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 the joint motion to partially terminate the investigation as to U.S. Patent Nos. 5,780,087 (‘‘the ’087 patent’’) and 6,982,663 (‘‘the ’663 patent’’) based upon a settlement agreement. The Commission has also determined to terminate the investigation as to expired U.S. Patent No. 6,707,867 (‘‘the ’867 patent’’) and to take no position on the findings as to the same. The Commission has further determined that no violation of section 337 has been proven with respect to U.S. Patent No. 6,452,958 (‘‘the ’958 patent’’). The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2392. 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 SUMMARY: E:\FR\FM\10MRN1.SGM 10MRN1 emcdonald on DSK67QTVN1PROD with NOTICES Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Notices Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (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 April 11, 2012, based on a complaint filed by complainants LSI Corporation of Milpitas, California, and Agere Systems Inc. of Allentown, Pennsylvania (collectively, ‘‘LSI’’). 77 FR 22803 (Apr. 11, 2012). The complaint, as amended, 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 audiovisual components and products containing the same by reason of infringement of certain claims of the ’087, ’958, ’867, and ’663 patents. The Commission’s notice of investigation named several respondents, including Realtek Semiconductor Corporation of Hsinchu, Taiwan (‘‘Realtek’’); Funai Corporation, Inc. of Rutherford, New Jersey; Funai Electric Co., Ltd. of Osaka, Japan; P&F USA, Inc. of Alpharetta, Georgia; and Funai Service Corporation of Groveport, Ohio (collectively, ‘‘Funai’’). Other respondents and certain patent claims were terminated from the investigation previously. No Commission investigative attorney is participating in the investigation. The ALJ issued his final initial determination (‘‘ID’’) with respect to the remaining respondents and claims on July 18, 2013. The ALJ found that a violation of section 337 had been proven with respect to claims 1, 5, 7– 11, and 16 of the ’087 patent. The ALJ found no violation of section 337 had been proven with respect to any asserted claims of the ’958, ’867, and ’663 patents. On July 31, 2013, the ALJ issued a recommended determination (‘‘RD’’) on remedy and bonding. On October 17, 2013, the Commission determined to review the final ID in its entirety and requested additional briefing from the parties on certain issues. The Commission also solicited briefing from the parties and from the public on the issues of remedy, the public interest, and bonding. On November 1, 2013, the parties filed VerDate Mar<15>2010 18:00 Mar 07, 2014 Jkt 232001 briefs addressing the Commission’s questions and the issues of remedy, the public interest, and bonding. Also on November 1, 2013, non-parties Barnes & Noble, Inc.; InterDigital, Inc.; Intel Corporation; and Cisco Systems, Inc. filed comments on the public interest. On November 12, 2013, the parties filed reply briefs in connection with the Commission’s notice. On January 17, 2014, complainants and respondent Funai jointly filed a motion to partially terminate the investigation as to all claims relating to the ’087 and the ’663 patents based on a settlement agreement. Respondent Realtek, which was not accused of violating section 337 in regard to the ’087 and the ’663 patents, did not file a response. On February 6, 2014, complainants filed a motion to partially terminate the investigation as to the ’867 patent and to vacate the ALJ’s determination as to same due to the imminent expiration of that patent on February 23, 2014. Respondents opposed vacatur on February 12, 2014. Having examined the record of this investigation, the Commission has determined to grant the joint motion to partially terminate the investigation as to the ’087 and the ’663 patents based on a settlement agreement. We find no indication that termination of the investigation with respect to these patents based on settlement will adversely impact the public interest. With respect to the ’867 patent, because the Commission grants prospective relief only, when the ’867 patent expired on February 23, 2014, the investigation concerning the ’867 patent became moot. Therefore, the Commission has determined to take no position on the final ID’s findings pertaining to the ’867 patent. See Beloit Corp. v. Valmet Oy, 742 F.2d 1421, 1423 (Fed. Cir. 1984). With respect to the remaining asserted patent—the ’958 patent—the Commission has determined that no violation of section 337 has been proven based on the record of this investigation. Specifically, the Commission affirms the ID’s finding that the accused articles were not proven to infringe the asserted claims of the ’958 patent. In addition, the Commission reverses the ALJ’s determination that the asserted ’958 claims were not proven invalid. The Commission has also determined to take no position on the ALJ’s determination with respect to the Respondents’ RAND and equitable defenses. See Beloit Corp., 742 F.2d at 1423. Furthermore, the Commission has determined that complainants have not proven the existence of a domestic PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 13329 industry with respect to the ’958 patent. The Commission affirms the ALJ’s finding that the Nokia domestic industry articles were not shown to practice the claims of the ’958 patent and, therefore, complainants did not prove a domestic industry under 19 U.S.C. 1337(a)(3)(A)–(B). Because complainants have not demonstrated the existence of an article protected by the ’958 patent, the Commission has also determined to reverse the ALJ’s finding that a domestic industry exists pursuant to 19 U.S.C. 1337(a)(3)(C) through complainants’ licensing activities. See Certain Computers and Computer Peripheral Devices, and Components Thereof, and Products Containing Same, Inv. No. 337–TA–841, Comm’n Op. at 32 (Jan. 9, 2014). A Commission opinion will be forthcoming. The Commission has terminated this investigation. 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 Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR Part 210). By order of the Commission. Issued: March 4, 2014. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2014–05072 Filed 3–7–14; 8:45 am] BILLING CODE 7020–02–P JUDICIAL CONFERENCE OF THE UNITED STATES Meeting of the Judicial Conference Committee on Rules of Practice and Procedure Judicial Conference of the United States Advisory Committee on Rules of Civil Procedure. ACTION: Notice of Open Meeting. AGENCY: The Advisory Committee on Rules of Civil Procedure will hold a two-day meeting. The meeting will be open to public observation but not participation. SUMMARY: April 10–11, 2014. 8:30 a.m. to 5:00 p.m. ADDRESSES: Lewis & Clark Law School, 10015 SW. Terwilliger Blvd., Portland, OR 97219. FOR FURTHER INFORMATION CONTACT: Jonathan C. Rose, Secretary and Chief Rules Officer, Rules Committee Support Office, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502–1820. DATES: TIME: E:\FR\FM\10MRN1.SGM 10MRN1

Agencies

[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Pages 13328-13329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05072]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-837]


Certain Audiovisual Components and Products Containing the Same; 
Commission Determination To Grant the Motions to Partially Terminate 
the Investigation as to All Claims Relating to U.S. Patent Nos. 
5,780,087, 6,982,663, and 6,707,867; Final Determination of No 
Violation With Respect to U.S. Patent No. 6,452,958; 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 the joint motion to partially 
terminate the investigation as to U.S. Patent Nos. 5,780,087 (``the 
'087 patent'') and 6,982,663 (``the '663 patent'') based upon a 
settlement agreement. The Commission has also determined to terminate 
the investigation as to expired U.S. Patent No. 6,707,867 (``the '867 
patent'') and to take no position on the findings as to the same. The 
Commission has further determined that no violation of section 337 has 
been proven with respect to U.S. Patent No. 6,452,958 (``the '958 
patent''). The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2392. 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

[[Page 13329]]

Street SW., Washington, DC 20436, telephone (202) 205-2000. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (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 April 11, 2012, based on a complaint filed by complainants LSI 
Corporation of Milpitas, California, and Agere Systems Inc. of 
Allentown, Pennsylvania (collectively, ``LSI''). 77 FR 22803 (Apr. 11, 
2012). The complaint, as amended, 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 audiovisual components 
and products containing the same by reason of infringement of certain 
claims of the '087, '958, '867, and '663 patents. The Commission's 
notice of investigation named several respondents, including Realtek 
Semiconductor Corporation of Hsinchu, Taiwan (``Realtek''); Funai 
Corporation, Inc. of Rutherford, New Jersey; Funai Electric Co., Ltd. 
of Osaka, Japan; P&F USA, Inc. of Alpharetta, Georgia; and Funai 
Service Corporation of Groveport, Ohio (collectively, ``Funai''). Other 
respondents and certain patent claims were terminated from the 
investigation previously. No Commission investigative attorney is 
participating in the investigation.
    The ALJ issued his final initial determination (``ID'') with 
respect to the remaining respondents and claims on July 18, 2013. The 
ALJ found that a violation of section 337 had been proven with respect 
to claims 1, 5, 7-11, and 16 of the '087 patent. The ALJ found no 
violation of section 337 had been proven with respect to any asserted 
claims of the '958, '867, and '663 patents. On July 31, 2013, the ALJ 
issued a recommended determination (``RD'') on remedy and bonding.
    On October 17, 2013, the Commission determined to review the final 
ID in its entirety and requested additional briefing from the parties 
on certain issues. The Commission also solicited briefing from the 
parties and from the public on the issues of remedy, the public 
interest, and bonding. On November 1, 2013, the parties filed briefs 
addressing the Commission's questions and the issues of remedy, the 
public interest, and bonding. Also on November 1, 2013, non-parties 
Barnes & Noble, Inc.; InterDigital, Inc.; Intel Corporation; and Cisco 
Systems, Inc. filed comments on the public interest. On November 12, 
2013, the parties filed reply briefs in connection with the 
Commission's notice.
    On January 17, 2014, complainants and respondent Funai jointly 
filed a motion to partially terminate the investigation as to all 
claims relating to the '087 and the '663 patents based on a settlement 
agreement. Respondent Realtek, which was not accused of violating 
section 337 in regard to the '087 and the '663 patents, did not file a 
response.
    On February 6, 2014, complainants filed a motion to partially 
terminate the investigation as to the '867 patent and to vacate the 
ALJ's determination as to same due to the imminent expiration of that 
patent on February 23, 2014. Respondents opposed vacatur on February 
12, 2014.
    Having examined the record of this investigation, the Commission 
has determined to grant the joint motion to partially terminate the 
investigation as to the '087 and the '663 patents based on a settlement 
agreement. We find no indication that termination of the investigation 
with respect to these patents based on settlement will adversely impact 
the public interest.
    With respect to the '867 patent, because the Commission grants 
prospective relief only, when the '867 patent expired on February 23, 
2014, the investigation concerning the '867 patent became moot. 
Therefore, the Commission has determined to take no position on the 
final ID's findings pertaining to the '867 patent. See Beloit Corp. v. 
Valmet Oy, 742 F.2d 1421, 1423 (Fed. Cir. 1984).
    With respect to the remaining asserted patent--the '958 patent--the 
Commission has determined that no violation of section 337 has been 
proven based on the record of this investigation. Specifically, the 
Commission affirms the ID's finding that the accused articles were not 
proven to infringe the asserted claims of the '958 patent. In addition, 
the Commission reverses the ALJ's determination that the asserted '958 
claims were not proven invalid. The Commission has also determined to 
take no position on the ALJ's determination with respect to the 
Respondents' RAND and equitable defenses. See Beloit Corp., 742 F.2d at 
1423.
    Furthermore, the Commission has determined that complainants have 
not proven the existence of a domestic industry with respect to the 
'958 patent. The Commission affirms the ALJ's finding that the Nokia 
domestic industry articles were not shown to practice the claims of the 
'958 patent and, therefore, complainants did not prove a domestic 
industry under 19 U.S.C. 1337(a)(3)(A)-(B). Because complainants have 
not demonstrated the existence of an article protected by the '958 
patent, the Commission has also determined to reverse the ALJ's finding 
that a domestic industry exists pursuant to 19 U.S.C. 1337(a)(3)(C) 
through complainants' licensing activities. See Certain Computers and 
Computer Peripheral Devices, and Components Thereof, and Products 
Containing Same, Inv. No. 337-TA-841, Comm'n Op. at 32 (Jan. 9, 2014).
    A Commission opinion will be forthcoming.
    The Commission has terminated this investigation. 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 Part 210 of the 
Commission's Rules of Practice and Procedure (19 CFR Part 210).

    By order of the Commission.

    Issued: March 4, 2014.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-05072 Filed 3-7-14; 8:45 am]
BILLING CODE 7020-02-P