Meeting of the Judicial Conference Committee on Rules of Practice and Procedure, 13329-13330 [2014-05134]

Download as PDF 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 13330 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Notices Dated: March 5, 2014. Jonathan C. Rose, Secretary and Chief Rules Officer. DEPARTMENT OF LABOR [FR Doc. 2014–05134 Filed 3–7–14; 8:45 am] DEPARTMENT OF JUSTICE Agency Information Collection Activities; Submission for OMB Review; Comment Request; Transit Worker Protections Under Federal Transit Act Section 5333(b) Urban Program Office of Justice Programs ACTION: Office of the Secretary BILLING CODE 2210–55–P Selection and Application Guide to Ballistic-Resistant Body Armor for Law Enforcement, Corrections and Public Safety (NIJ Selection and Application Guide-0101.06) National Institute of Justice, DOJ. Notice and Request for Comments ACTION: In an effort to obtain comments from interested parties, the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice (NIJ) will make available to the general public the draft Selection and Application Guide to Ballistic-Resistant Body Armor: For Law Enforcement, Corrections and Public Safety. The opportunity to provide comments on these documents is open to industry technical representatives, law enforcement agencies and organizations, research, development and scientific communities, and all other stakeholders and interested parties. Those individuals wishing to obtain and provide comments on the draft documents under consideration are directed to the following Web site: https://www.justnet.org/body_armor/ SAGPC.html SUMMARY: Comments will be accepted through 11:59 p.m. E.T. on March 25, 2014. DATES: FOR FURTHER INFORMATION CONTACT: emcdonald on DSK67QTVN1PROD with NOTICES Daniel Longhurst, by telephone at 202– 616–3857, or by email at Daniel.A.Longhurst@usdoj.gov Gregory K. Ridgeway, Acting Director, National Institute of Justice. [FR Doc. 2014–05028 Filed 3–7–14; 8:45 am] BILLING CODE 4410–18–P VerDate Mar<15>2010 18:00 Mar 07, 2014 Notice. The Department of Labor (DOL) is submitting the Office of Labor Management Standards (OLMS) sponsored information collection request (ICR) titled, ‘‘Transit Worker Protections under Federal Transit Act Section 5333(b) Urban Program,’’ 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), 44 U.S.C. 3501 et seq. DATES: Submit comments on or before April 9, 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?reflnbr=201309-1245002 (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 DOLlPRAl PUBLIC@dol.gov. Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–OLMS, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202– 395–6881 (this is not a toll-free number); or by email: OIRAl submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW., Washington, DC 20210; or by email: DOLlPRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOLl PRAlPUBLIC@dol.gov. SUMMARY: [OJP (NIJ) Docket No. 1649] AGENCY: Jkt 232001 Authority: 44 U.S.C. 3507(a)(1)(D). This ICR seeks to extend PRA authorization for the information collection requirements needed for the OLMS to administer Federal Transit Act section 5333(b) Urban Program worker protections. See 49 U.S.C. 5333(b). Section 5333(b) provides that the DOL must ensure that a recipient of Federal funds used to acquire, improve, or operate a transit system establishes arrangements to protect the rights of affected transit employees. Federal law requires such an arrangement to be fair and equitable, and the DOL must certify the arrangement before the U.S. Department of Transportation, Federal Transit Administration (FTA) can award certain funds to grantees. An employee protective arrangement must include provisions that may be necessary for the preservation of rights, privileges, and benefits under existing collective bargaining agreements or otherwise; the continuation of collective bargaining rights; the protection of individual employees against a worsening of their positions related to employment; assurances of employment to employees of acquired transportation systems; assurances of priority of reemployment of employees whose employment is ended or who are laid off; and paid training or retraining programs. See 49 U.S.C. 5333(b)(2). Pursuant to regulations 29 CFR part 215, upon receipt of copies of applications for Federal assistance subject to 49 U.S.C. 5333(b) from the FTA, together with a request for DOL certification of employee protective arrangements, the DOL will process those applications, which must be in final form. The FTA will provide the DOL with information necessary to enable the DOL to process employee protections for certification of the project. This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1245–0006. OMB authorization for an ICR cannot be for more than three (3) years without SUPPLEMENTARY INFORMATION: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\10MRN1.SGM 10MRN1

Agencies

[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Notices]
[Pages 13329-13330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05134]


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JUDICIAL CONFERENCE OF THE UNITED STATES


Meeting of the Judicial Conference Committee on Rules of Practice 
and Procedure

AGENCY: Judicial Conference of the United States Advisory Committee on 
Rules of Civil Procedure.

ACTION: Notice of Open Meeting.

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SUMMARY: 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.

DATES: April 10-11, 2014.

TIME: 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.


[[Page 13330]]


    Dated: March 5, 2014.
Jonathan C. Rose,
Secretary and Chief Rules Officer.
[FR Doc. 2014-05134 Filed 3-7-14; 8:45 am]
BILLING CODE 2210-55-P