Meeting of the Judicial Conference Committee on Rules of Practice and Procedure, 13329-13330 [2014-05134]
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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 (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 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
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18:00 Mar 07, 2014
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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
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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:
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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 https://
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:
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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.
-----------------------------------------------------------------------
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