Notice of Lodging of Proposed Third Modified Consent Decree Under the Clean Water Act, 15611-15612 [2014-06104]
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ehiers on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 54 / Thursday, March 20, 2014 / Notices
unenforceable for failure to name an
inventor.
On October 31, 2013, Flashpoint filed
a petition for review challenging the
ALJ’s findings. On the same day,
respondents filed a joint petition for
review challenging the ALJ’s findings.
On the same day, HTC filed a separate
petition for review challenging the ALJ’s
findings with respect to issues affecting
only HTC. The parties submitted
responses to the petitions on November
8, 2013.
On December 16, 2013, the
Commission determined to review the
ALJ’s findings regarding the following
issues: (1) Infringement of the asserted
claims of the ’538 patent by the HTC
Vivid and HTC Droid Incredible 4G LTE
smartphones; (2) the technical prong of
the domestic industry requirement for
the ’538 patent; (3) obviousness of the
asserted claims of the ’538 patent over
U.S. Patent No. 5,835,772 to Thurlo,
U.S. Patent No. 5,740,801 to Branson,
the ‘‘Admitted Prior Art,’’ U.S. Patent
No. 5,638,501 to Gough et al., and U.S.
Patent No. 5,898,434 to Small; (4) claim
construction of the term ‘‘operating
system’’ in the asserted claims of the
’471 patent; (5) infringement of the ’471
patent by the accused HTC, Huawei,
and ZTE products; (6) the technical
prong of the domestic industry
requirement for the ’471 patent; (7)
anticipation of the asserted claims of the
’471 patent in view of U.S. Patent No.
5,687,376 to Celi, Jr. et al.; (8)
infringement of the asserted claim of the
’190 patent; (9) technical prong of the
domestic industry requirement for the
’190 patent; (10) anticipation and
obviousness of the ’190 patent in view
of U.S. Provisional Patent Application
60/037,963 to Parulski (‘‘Parulsi-963’’);
(11) anticipation and obviousness of the
’190 patent in view of the Color Zaurus
Reference (‘‘Zaurus’’); (12) anticipation
and obviousness of the ’190 patent in
view of the Japanese Laid-Open Patent
Application No. H09–298678 to Saito;
(13) validity of the ’538, ’471, and ’190
patents in view of the on-sale bar; (14)
enforceability of claim 19 of the ’538
patent with respect to joint
inventorship; and (15) the economic
prong of the domestic industry
requirement with respect to the ’538,
’471, and ’190 patents. The Commission
requested briefing from the parties on
fourteen (14) questions. The parties
submitted their opening responses on
January 3, 2014 and their reply
responses on January 10, 2014.
Having examined the record of this
investigation, including the ALJ’s final
ID, the parties’ petitions for review, and
the submissions of the parties on
review, the Commission has determined
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to reverse the ALJ’s determination of
violation of Section 337 and to find no
violation of Section 337 with respect to
the asserted patents. Specifically, the
Commission finds that: (1) The HTC
Vivid and HTC Droid Incredible 4G LTE
smartphones do not infringe the
asserted claims of the ’538 patent; (2)
complainant has met the technical
prong of the domestic industry
requirement for the ’538 patent; (3)
respondents have not shown that the
asserted claims of the ’538 patent are
obvious; (4) the ALJ correctly construed
the term ‘‘operating system’’ in the
asserted claims of the ’471 patent, (5)
the accused HTC, Huawei, and ZTE
products do not infringe the asserted
claims of the ’471 patent; (6)
complainant has not proved the
technical prong of the domestic industry
requirement for the ’471 patent; (7)
respondents have not shown that the
asserted claims of the ’471 patent are
anticipated; (8) the accused HTC,
Huawei, and ZTE products do not
infringe the asserted claim of the ’190
patent; (9) complainant has not proved
the technical prong of the domestic
industry requirement for the ’190
patent; (10) respondents have not shown
that the asserted claim of the ’190 patent
is anticipated or rendered obvious; (13)
respondents have not shown that the
asserted claims of the ’538, ’471, and
’190 patents are invalid in view of the
on-sale bar; (14) respondents have not
shown that claim 19 of the ’538 patent
is unenforceable due to failure to name
an inventor; and (15) complainant has
proved that the economic prong of the
domestic industry requirement with
respect to the ’538, ’471, and ’190
patents. The Commission has furthered
determined to take no position on
whether the asserted claim of the ’190
patent is anticipated or rendered
obvious by Parulski-963 or Zaurus. A
Commission opinion will issue
promptly.
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).
DEPARTMENT OF JUSTICE
By order of the Commission.
Issued: March 14, 2014.
Lisa R. Barton,
Secretary to the Commission.
To submit
comments:
Send them to:
By e-mail ......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
[FR Doc. 2014–06121 Filed 3–19–14; 8:45 am]
Notice of Lodging of Proposed Third
Modified Consent Decree Under the
Clean Water Act
On March 14, 2014, the Department of
Justice lodged a proposed Third
Modified Consent Decree with the
United States District Court for the
Eastern District of Louisiana in the
lawsuit entitled United States v. Sewage
and Water Board of New Orleans, Civil
Action No. 2:93–CV–3212–MVL.
In 1998, a Consent Decree was entered
in this Clean Water Act enforcement
action. Among other requirements, that
Consent Decree required the Sewage
and Water Board of New Orleans (‘‘the
Board’’) to perform remedial work on its
sewage system in nine designated
basins. Work in four of those basins was
completed prior to Hurricane Katrina in
2005. A Modified Consent Decree
extending the deadlines for the
remaining five basins was entered in
2010. For two basins of those five
basins, the schedule was further
extended under a Second Modified
Consent Decree entered in 2013. The
proposed Third Modified Consent
Decree would extend the schedule for
the three basins not addressed in the
Second Modified Consent Decree (i.e.,
the MidCity, Carrollton, and South
Shore basins). In addition to the
schedule changes, the proposed Third
Modified Consent Decree also includes
additional requirements related to
funding green infrastructure and to
reporting on coordination between the
Board and the City of New Orleans with
respect to work required under the
Third Modified Consent Decree.
The publication of this notice opens
a period for public comment on the
Third Modified Consent Decree.
Comments should be addressed to the
Assistant Attorney General,
Environment and Natural Resources
Division, and should refer to United
States v. Sewage and Water Board of
New Orleans, D.J. Ref. No. 90–5–1–1–
4032. All comments must be submitted
no later than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
By mail .........
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Federal Register / Vol. 79, No. 54 / Thursday, March 20, 2014 / Notices
During the public comment period,
the Third Modified Consent Decree may
be examined and downloaded at this
Justice Department Web site: https://
www.usdoj.gov/enrd/Consent_
Decrees.html. We will provide a paper
copy of the Third Modified Consent
Decree upon written request and
payment of reproduction costs. Please
mail your request and payment to:
Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $17.25 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Thomas Carroll,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2014–06104 Filed 3–19–14; 8:45 am]
BILLING CODE 4410–15–P
by the 53 State Workforce Agencies
(SWAs).
Written comments must be
submitted to the office listed in the
addresses section below on or before
May 19, 2014.
ADDRESSES: Send comments to Ericka
Parker, Office of Unemployment
Insurance, Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Washington, DC 20210. Telephone
number 202–693–3208 (this is not a tollfree number). Individuals with hearing
or speech impairments may access the
telephone number above via TTY by
calling the toll-free Federal Information
Relay Service at 1–877–889–5627 (TTY/
TDD). Email: [parker.ericka@dol.gov]. A
copy of the proposed information
collection request (ICR) can be obtained
by contacting the person listed above.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
DEPARTMENT OF LABOR
Employment and Training
Administration
Comment Request for Information
Collection for the OMB 1205–0268, ETA
9016 Alien Claims Activity Report,
Extension Without Revision
Employment and Training
Administration (ETA), Labor.
ACTION: Notice.
AGENCY:
The Department of Labor
(Department), as part of its continuing
effort to reduce paperwork and
respondent burden, conducts a
preclearance consultation program to
provide the public and Federal agencies
with an opportunity to comment on
proposed and/or continuing collections
of information in accordance with the
Paperwork Reduction Act of 1995 [44
U.S.C. 3506(c)(2)(A)]. This program
helps to ensure that requested data can
be provided in the desired format,
reporting burden (time and financial
resources) is minimized, collection
instruments are clearly understood, and
the impact of collection requirements on
respondents can be properly assessed.
Currently, ETA is soliciting comments
concerning the proposed extension for
the collection of data on the ETA 9016,
Alien Claims Activity Report, which
expires September 30, 2014. The data
collection will provide for a
comprehensive evaluation of the
Unemployment Insurance (UI) Alien
Claims Activities. The data are collected
quarterly, and an analysis of the data
received is formulated into a report
summarizing the Alien Claims Activity
ehiers on DSK2VPTVN1PROD with NOTICES
SUMMARY:
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The ETA 9016 report is used by the
Department to assess whether (and the
extent to which) the requirements of the
U.S. Citizenship and Immigration
Services (USCIS), Systematic Alien
Verification for Entitlement (SAVE)
system are cost-effective and otherwise
appropriate for the UI program. In
addition, data from the Alien Claims
Activity report is being used to assist
the Secretary of Labor in determining
whether a SWA’s administrative costs
associated with the verification program
are reasonable and reimbursable. There
is no other report or system available for
collecting this required information.
The report allows the Department of
Labor to determine the number of aliens
filing for UI, the number of benefit
issues detected, the denials of benefits
to aliens, the extent to which State
Agencies use the system, and the overall
effectiveness and cost efficiency of the
verification system. If SWAs are not
required to submit the information on
the Alien Claims Activity Report, the
Department would not be able to fulfill
its responsibilities to assess the SAVE
system.
II. Review Focus
The Department is particularly
interested in comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
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including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions
Type of Review: Extension without
revision.
Title: ETA 9016, Alien Claims
Activity Report.
OMB Number: 1205–0268.
Affected Public: State Workforce
Agencies.
Estimated Total Annual Respondents:
53.
Annual Frequency: Quarterly.
Estimated Total Annual Responses:
212 responses.
Average Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 212 hours.
Total Estimated Annual Other Cost
Burden: $0.
Comments submitted in response to
this comment request will be
summarized and/or included in the
request for OMB approval of the ICR;
they will also become a matter of public
record.
Dated: March 12, 2014.
Eric M. Seleznow,
Acting Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2014–06128 Filed 3–19–14; 8:45 am]
BILLING CODE 4510–FW–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Comment Request for Information
Collection for OMB 1205–0452, ETA
9047 Reemployment of Unemployment
Insurance (UI) Benefit Recipients
Report, Extension Without Revision
Employment and Training
Administration (ETA), Labor.
ACTION: Notice.
AGENCY:
The Department of Labor
(Department), as part of its continuing
effort to reduce paperwork and
respondent burden, conducts a
preclearance consultation program to
provide the public and Federal agencies
with an opportunity to comment on
SUMMARY:
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[Federal Register Volume 79, Number 54 (Thursday, March 20, 2014)]
[Notices]
[Pages 15611-15612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06104]
=======================================================================
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Third Modified Consent Decree Under
the Clean Water Act
On March 14, 2014, the Department of Justice lodged a proposed
Third Modified Consent Decree with the United States District Court for
the Eastern District of Louisiana in the lawsuit entitled United States
v. Sewage and Water Board of New Orleans, Civil Action No. 2:93-CV-
3212-MVL.
In 1998, a Consent Decree was entered in this Clean Water Act
enforcement action. Among other requirements, that Consent Decree
required the Sewage and Water Board of New Orleans (``the Board'') to
perform remedial work on its sewage system in nine designated basins.
Work in four of those basins was completed prior to Hurricane Katrina
in 2005. A Modified Consent Decree extending the deadlines for the
remaining five basins was entered in 2010. For two basins of those five
basins, the schedule was further extended under a Second Modified
Consent Decree entered in 2013. The proposed Third Modified Consent
Decree would extend the schedule for the three basins not addressed in
the Second Modified Consent Decree (i.e., the MidCity, Carrollton, and
South Shore basins). In addition to the schedule changes, the proposed
Third Modified Consent Decree also includes additional requirements
related to funding green infrastructure and to reporting on
coordination between the Board and the City of New Orleans with respect
to work required under the Third Modified Consent Decree.
The publication of this notice opens a period for public comment on
the Third Modified Consent Decree. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to United States v. Sewage and Water Board of New
Orleans, D.J. Ref. No. 90-5-1-1-4032. All comments must be submitted no
later than thirty (30) days after the publication date of this notice.
Comments may be submitted either by email or by mail:
------------------------------------------------------------------------
To submit comments: Send them to:
------------------------------------------------------------------------
By e-mail........................... pubcomment-ees.enrd@usdoj.gov.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
[[Page 15612]]
During the public comment period, the Third Modified Consent Decree
may be examined and downloaded at this Justice Department Web site:
https://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a
paper copy of the Third Modified Consent Decree upon written request
and payment of reproduction costs. Please mail your request and payment
to: Consent Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington,
DC 20044-7611.
Please enclose a check or money order for $17.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Thomas Carroll,
Assistant Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2014-06104 Filed 3-19-14; 8:45 am]
BILLING CODE 4410-15-P
