Certain Silicon Microphone Packages and Products Containing Same; Commission Determination To Review in Part a Final Initial Determination; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, the Public Interest, and Bonding, 67446-67448 [2014-26804]
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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Notices
Cottonwood Cove and Katherine
Landing Development Concept Plans is
the NPS Regional Director, Pacific West
Region. Subsequently the official
responsible for project implementation
and for monitoring results is the
Superintendent, Lake Mead National
Recreation Area.
Dated: September 17, 2014.
Patricia L. Neubacher,
Acting Regional Director, Pacific West Region.
[FR Doc. 2014–26824 Filed 11–12–14; 8:45 am]
mail delays being experienced,
clearance information should be faxed
to (202) 619–6353 in order to assure
receipt by deadline. Inquiries may be
made by calling the Committee for the
Preservation of the White House
between 9 a.m. and 4 p.m. weekdays at
(202) 619–6344. Written comments may
be sent to John Stanwich, Executive
Secretary, Committee for the
Preservation of the White House, 1100
Ohio Drive SW., Washington, DC 20242.
Dated: November 6, 2014 .
Alma Ripps,
Chief, Office of Policy.
BILLING CODE 4312–FF–P
DEPARTMENT OF THE INTERIOR
[FR Doc. 2014–26923 Filed 11–12–14; 8:45 am]
National Park Service
BILLING CODE 4310–EE–P
[NPS–NCR–WHHO–17124; PPNCWHHOA1,
PPMPSPD1Z.YM0000]
DEPARTMENT OF THE INTERIOR
Notice of Meeting, Committee for the
Preservation of the White House
National Park Service
National Park Service, Interior.
ACTION: Notice of meeting.
AGENCY:
Notice is hereby given in
accordance with the Federal Advisory
Committee Act (5 U.S.C. Appendix 1–
16) that a meeting of the Committee for
the Preservation of the White House will
be held at the White House at 12:00 p.m.
on Thursday, December 11, 2014.
DATES: Thursday, December 11, 2014
(Eastern).
ADDRESSES: The White House, 1600
Pennsylvania Avenue NW., Washington,
DC 20500.
FOR FURTHER INFORMATION CONTACT:
Comments may be provided to: John
Stanwich, Executive Secretary,
Committee for the Preservation of the
White House, 1100 Ohio Drive SW.,
Washington, DC 20242, (202) 619–6344.
Before including your address,
telephone number, email address, or
other personal identifying information
in your comment, you should be aware
that your entire comment—including
your personal identifying information—
may be made publicly available at any
time. While you may ask us in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
SUPPLEMENTARY INFORMATION: It is
expected that the meeting agenda will
include policies, goals, and long-range
plans. The meeting will be open, but
subject to appointment and security
clearance requirements. Clearance
information, which includes full name,
date of birth, Social Security number,
city and state of residence, and country
of citizenship must be received by
December 3, 2014. Due to the present
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SUMMARY:
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[NPS–NER–BOHA–17092;
PPMPSPD1Z.YM0000] [PPNEBOHAS1]
Boston Harbor Islands National
Recreation Area Advisory Council
National Park Service, Interior.
Notice of meeting.
AGENCY:
ACTION:
This notice announces a
meeting of the Boston Harbor Islands
National Recreation Area Advisory
Council. The agenda includes a
presentation by Cathy Stanton,
anthropologist, lecturer, and writer who
has been investigating the origins of the
cottages located on Peddocks Island and
is exploring whether this area can be
classified as a ‘‘community’’ within the
Boston Harbor Islands. There will also
be a discussion about the Council’s
mission, goals, and community outreach
initiative, and Superintendent Giles
Parker will give updates about park
operations and planning efforts.
DATES: December 10, 2014, 4:00 p.m. to
6:00 p.m. (EASTERN).
ADDRESSES: WilmerHale, 60 State Street,
26th Floor Conference Room, Boston,
MA 02109.
FOR FURTHER INFORMATION CONTACT:
Giles Parker, Superintendent and
Designated Federal Officer (DFO),
Boston Harbor Islands National
Recreation Area, 15 State Street, Suite
1100, Boston, MA 02109, telephone
(617) 223–8669, or email giles_parker@
nps.gov.
SUPPLEMENTARY INFORMATION: This
meeting open to the public. Those
wishing to submit written comments
may contact the DFO for the Boston
Harbor Islands National Recreation Area
Advisory Council, Giles Parker, by mail
at National Park Service, Boston Harbor
Islands, 15 State Street, Suite 1100,
Boston, MA 02109, or via email giles_
parker@nps.gov. Before including your
address, telephone number, email
address, or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
publicly available at any time. While
you may ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
The Council was appointed by the
Director of the National Park Service
pursuant to 16 U.S.C. 460kkk(g). The
purpose of the Council is to advise and
make recommendations to the Boston
Harbor Islands Partnership with respect
to the implementation of a management
plan and park operations. Efforts have
been made locally to ensure that the
interested public is aware of the meeting
dates.
Dated: November 7, 2014.
Alma Ripps,
Chief, Office of Policy.
[FR Doc. 2014–26921 Filed 11–12–14; 8:45 am]
BILLING CODE 4310–EE–P
SUMMARY:
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–888]
Certain Silicon Microphone Packages
and Products Containing Same;
Commission Determination To Review
in Part a Final Initial Determination;
Schedule for Filing Written
Submissions on the Issues Under
Review and on Remedy, the Public
Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part the final initial determination
(‘‘ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’)
finding a violation of section 337 of the
Tariff Act of 1930, as amended (19
U.S.C. 1337) (‘‘section 337’’), in the
above-referenced investigation on
August 29, 2014.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3115. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
SUMMARY:
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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Notices
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 July 26, 2013, based on a complaint
filed by Knowles Electronics, LLC, of
Itasca, Illinois. 78 FR 45272 (July 26,
2013). The notice of investigation
named GoerTek, Inc. of Weifang, China
and GoerTek Electronics, Inc. of
Sunnyvale, California as respondents.
The Commission’s Office of Unfair
Import Investigations is not a party to
this investigation. The complaint
alleged violations of section 337 in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
silicon microphone packages and
products containing the same, by reason
of infringement of certain claims of U.S.
Patent Nos. 7,439,616 (‘‘the ‘616
patent’’); 8,018,049 (‘‘the ‘049 patent’’);
and 8,121,331 (‘‘the ‘331 patent’’).
Subsequently, the investigation was
terminated as to claims 13 and 14 of the
‘616 patent and claim 24 of the ‘049
patent based on the withdrawal of
complainant’s allegations as to those
claims. See Notice (May 16, 2014)
(determining not to review Order No. 37
issued on April 17, 2014).
The final ID on violation was issued
on August 29, 2014. The ALJ issued his
recommended determination (‘‘RD’’) on
remedy, the public interest and bonding
on the same day. The ALJ found that a
violation of section 337 has occurred in
the importation into the United States,
the sale for importation, or the sale
within the United States after
importation of certain silicon
microphone packages and products
containing same, by reason of
infringement of one or more of claims 1,
2, 8, 11–12, 15–18, and 21 of the ‘616
patent; claims 1, 15, 16, 19, 21–23, and
25–26 of the ‘049 patent; and claims 1,
2, 4, 5, and 11–13 of the ‘331 patent.
The ALJ recommended that the
Commission issue a limited exclusion
order directed to respondents’ accused
products that infringe the ‘616, ‘049,
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and ‘331 patents. The ALJ did not
recommend issuance of a cease and
desist order against respondents.
On October 2, 2014, complainant filed
a post-RD statement on the public
interest pursuant to Commission Rule
201.50(a)(4). No responses from the
public were received in response to the
post-RD Commission Notice issued on
September 3, 2014. See Notice of
Request for Statements on the Public
Interest (Sep. 3, 2014).
Having examined the record in this
investigation, including the ALJ’s final
ID, the petitions for review, and the
responses thereto, the Commission has
determined to review the ID in part. In
particular, the Commission has
determined to review the construction
of the ‘‘cover’’ limitation with respect to
the ‘616 and ‘049 patent as well as
related anticipation, obviousness,
infringement and technical prong
analyses. In addition, the Commission
has determined to review infringement
with respect to claim 8 of the ‘616
patent.
The parties are requested to brief their
positions on only the following issues,
with reference to the applicable law and
the evidentiary record:
(1) Please discuss whether the record
supports or precludes the ALJ’s
interpretation of the claim limitations
‘‘the at least one layer of conductive
material in the cover’’ and ‘‘conductive
layer formed in the cover’’ in the ‘049
and ‘616 patents, respectively. As part
of this discussion, please address:
(a) Whether the references to ‘‘a shield
to protect . . . against electromagnetic
interference’’ in claim 1 of the ‘049
patent and ‘‘a shield against
electromagnetic interference’’ in claims
11 and 15 of the ‘616 patent provide
context for interpreting the abovementioned claim limitations; and
(b) Whether multiple layers in the
cover are relevant in order to provide ‘‘a
shield to protect’’ or ‘‘a shield against’’
electromagnetic interference.
(2) With respect to the ‘049 and ‘661
patents, please discuss, in light of your
response to the Commission’s question
pertaining to construction of claim
limitations ‘‘the at least one layer of
conductive material in the cover’’ and
‘‘conductive layer formed in the cover’’
in the ‘049 and ‘616 patents,
respectively, whether the record
supports the ALJ’s findings regarding
these limitations with respect to
infringement, technical prong, and nonobviousness, including the evidence of
secondary considerations of nonobviousness.
(3) Assuming the asserted claims of
the ‘049 patent require the presence of
one or more additional layers in the
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67447
cover besides ‘‘at least one layer of
conductive material,’’ how does the
presence of that additional material
impact the respondents’ allegation that
the asserted claims are obvious in light
of Halteren and Une under KSR Int’l Co.
v. Teleflex Inc., 550 U.S. 398 (2007)?
Please provide support and citations to
the evidentiary record.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondents being required
to cease and desist from engaging in
unfair acts in the importation and sale
of such articles. Accordingly, the
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or are likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 (Dec. 1994) (Commission
Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
orders would have on (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury.
Written Submissions: The parties to
the investigation are requested to file
written submissions on the issues
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67448
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Notices
identified in this notice. Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest and bonding. Such
submissions should address the
recommended determination on
remedy, the public interest and bonding
issued on August 29, 2014, by the ALJ.
Complainant is also requested to submit
proposed remedial orders for the
Commission’s consideration and to
provide identification information for
all importers of the subject articles.
Complainant is further requested to
provide the expiration dates of the ‘616,
‘049, and ‘331 patents and state the
HTSUS numbers under which the
accused articles are imported. The
written submissions and proposed
remedial orders must be filed no later
than the close of business on November
20, 2014. Reply submissions must be
filed no later than the close of business
on December 1, 2014. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission. Party submissions
should not exceed 50 pages for the main
submissions and 25 pages for the reply
submissions.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit 8 true paper
copies to the Office of the Secretary by
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–888’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202–205–
2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
the confidential filing. All nonconfidential written submissions will be
available for public inspection at the
Office of the Secretary and on EDIS.
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17:16 Nov 12, 2014
Jkt 235001
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).
Ref. No. 90–7–1–08209/1. 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 ......
By order of the Commission.
Issued: November 06, 2014.
Lisa R. Barton,
Secretary for the Commission.
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General
U.S. DOJ—ENRD
P.O. Box 7611
Washington, D.C. 20044–
7611.
By mail .........
[FR Doc. 2014–26804 Filed 11–12–14; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On November 6, 2014, the Department
of Justice lodged a proposed consent
decree with the United States District
Court for the Middle District of
Louisiana in the lawsuit entitled United
States and the Louisiana Department of
Environmental Quality v. PCS Nitrogen
Fertilizer, L.P., AA Sulfuric, Inc., and
White Springs Agricultural Chemicals,
Inc., Civil Action No. 3:14-cv-00707.
The United States and Louisiana
Department of Environmental Quality
filed this lawsuit under the Clean Air
Act and Louisiana Environmental
Quality Act. The complaint seeks
injunctive relief and civil penalties for
violations of the Clean Air Act’s
Prevention of Significant Deterioration
requirements and related state
requirements at sulfuric acid
manufacturing plants owned and
operated by the defendants, PCS
Nitrogen Fertilizer, L.P., AA Sulfuric,
Inc., and White Springs Agricultural
Chemicals, Inc., in Geismar, Louisiana
and White Springs, Florida. The consent
decree requires the defendants to
perform injunctive relief, pay a $
1,300,000 civil penalty, and perform a
Supplemental Environmental Project at
a nitric acid manufacturing facility
owned and operated by PCS Nitrogen
Fertilizer, Inc. in Geismar, Louisiana.
The consent decree also requires PCS
Phosphate Company, Inc. to perform
injunctive relief at the sulfuric acid
manufacturing facility that it owns and
operates in Aurora, North Carolina.
The publication of this notice opens
a period for public comment on the
proposed consent decree. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to United States and the Louisiana
Department of Environmental Quality v.
PCS Nitrogen Fertilizer, L.P. et al., D.J.
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During the public comment period,
the proposed 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 proposed 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 $43.50 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy
without the exhibits and signature
pages, the cost is $ 17.00.
Maureen M. Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2014–26847 Filed 11–12–14; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Antitrust Division
United States v. Media General, Inc.
and Lin Media LLC; Proposed Final
Judgment and Competitive Impact
Statement
Notice is hereby given pursuant to the
Antitrust Procedures and Penalties Act,
15 U.S.C. 16(b)–(h), that a proposed
Final Judgment, Asset Preservation
Stipulation, and Competitive Impact
Statement have been filed with the
United States District Court for the
District of Columbia in United States of
America v. Media General, Inc. and LIN
Media LLC, Civil Action No. CV–14–
01823. On October 30, 2014, the United
States filed a Complaint alleging that the
proposed acquisition by Media General,
Inc. of LIN Media LLC would likely
substantially lessen competition for
broadcast television spot advertising in
certain Designated Market Areas
(DMAs) in the United States, in
E:\FR\FM\13NON1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Notices]
[Pages 67446-67448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26804]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-888]
Certain Silicon Microphone Packages and Products Containing Same;
Commission Determination To Review in Part a Final Initial
Determination; Schedule for Filing Written Submissions on the Issues
Under Review and on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to review in part the final initial
determination (``ID'') issued by the presiding administrative law judge
(``ALJ'') finding a violation of section 337 of the Tariff Act of 1930,
as amended (19 U.S.C. 1337) (``section 337''), in the above-referenced
investigation on August 29, 2014.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for
[[Page 67447]]
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 July 26, 2013, based on a complaint filed by Knowles Electronics,
LLC, of Itasca, Illinois. 78 FR 45272 (July 26, 2013). The notice of
investigation named GoerTek, Inc. of Weifang, China and GoerTek
Electronics, Inc. of Sunnyvale, California as respondents. The
Commission's Office of Unfair Import Investigations is not a party to
this investigation. The complaint alleged violations of section 337 in
the importation into the United States, the sale for importation, and
the sale within the United States after importation of silicon
microphone packages and products containing the same, by reason of
infringement of certain claims of U.S. Patent Nos. 7,439,616 (``the
`616 patent''); 8,018,049 (``the `049 patent''); and 8,121,331 (``the
`331 patent''). Subsequently, the investigation was terminated as to
claims 13 and 14 of the `616 patent and claim 24 of the `049 patent
based on the withdrawal of complainant's allegations as to those
claims. See Notice (May 16, 2014) (determining not to review Order No.
37 issued on April 17, 2014).
The final ID on violation was issued on August 29, 2014. The ALJ
issued his recommended determination (``RD'') on remedy, the public
interest and bonding on the same day. The ALJ found that a violation of
section 337 has occurred in the importation into the United States, the
sale for importation, or the sale within the United States after
importation of certain silicon microphone packages and products
containing same, by reason of infringement of one or more of claims 1,
2, 8, 11-12, 15-18, and 21 of the `616 patent; claims 1, 15, 16, 19,
21-23, and 25-26 of the `049 patent; and claims 1, 2, 4, 5, and 11-13
of the `331 patent. The ALJ recommended that the Commission issue a
limited exclusion order directed to respondents' accused products that
infringe the `616, `049, and `331 patents. The ALJ did not recommend
issuance of a cease and desist order against respondents.
On October 2, 2014, complainant filed a post-RD statement on the
public interest pursuant to Commission Rule 201.50(a)(4). No responses
from the public were received in response to the post-RD Commission
Notice issued on September 3, 2014. See Notice of Request for
Statements on the Public Interest (Sep. 3, 2014).
Having examined the record in this investigation, including the
ALJ's final ID, the petitions for review, and the responses thereto,
the Commission has determined to review the ID in part. In particular,
the Commission has determined to review the construction of the
``cover'' limitation with respect to the `616 and `049 patent as well
as related anticipation, obviousness, infringement and technical prong
analyses. In addition, the Commission has determined to review
infringement with respect to claim 8 of the `616 patent.
The parties are requested to brief their positions on only the
following issues, with reference to the applicable law and the
evidentiary record:
(1) Please discuss whether the record supports or precludes the
ALJ's interpretation of the claim limitations ``the at least one layer
of conductive material in the cover'' and ``conductive layer formed in
the cover'' in the `049 and `616 patents, respectively. As part of this
discussion, please address:
(a) Whether the references to ``a shield to protect . . . against
electromagnetic interference'' in claim 1 of the `049 patent and ``a
shield against electromagnetic interference'' in claims 11 and 15 of
the `616 patent provide context for interpreting the above-mentioned
claim limitations; and
(b) Whether multiple layers in the cover are relevant in order to
provide ``a shield to protect'' or ``a shield against'' electromagnetic
interference.
(2) With respect to the `049 and `661 patents, please discuss, in
light of your response to the Commission's question pertaining to
construction of claim limitations ``the at least one layer of
conductive material in the cover'' and ``conductive layer formed in the
cover'' in the `049 and `616 patents, respectively, whether the record
supports the ALJ's findings regarding these limitations with respect to
infringement, technical prong, and non-obviousness, including the
evidence of secondary considerations of non-obviousness.
(3) Assuming the asserted claims of the `049 patent require the
presence of one or more additional layers in the cover besides ``at
least one layer of conductive material,'' how does the presence of that
additional material impact the respondents' allegation that the
asserted claims are obvious in light of Halteren and Une under KSR
Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007)? Please provide support
and citations to the evidentiary record.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondents being required to cease and desist from engaging in unfair
acts in the importation and sale of such articles. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an article from entry into the United States for purposes
other than entry for consumption, the party should so indicate and
provide information establishing that activities involving other types
of entry either are adversely affecting it or are likely to do so. For
background, see Certain Devices for Connecting Computers via Telephone
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843 (Dec. 1994) (Commission
Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury.
Written Submissions: The parties to the investigation are requested
to file written submissions on the issues
[[Page 67448]]
identified in this notice. Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest
and bonding. Such submissions should address the recommended
determination on remedy, the public interest and bonding issued on
August 29, 2014, by the ALJ. Complainant is also requested to submit
proposed remedial orders for the Commission's consideration and to
provide identification information for all importers of the subject
articles. Complainant is further requested to provide the expiration
dates of the `616, `049, and `331 patents and state the HTSUS numbers
under which the accused articles are imported. The written submissions
and proposed remedial orders must be filed no later than the close of
business on November 20, 2014. Reply submissions must be filed no later
than the close of business on December 1, 2014. No further submissions
on these issues will be permitted unless otherwise ordered by the
Commission. Party submissions should not exceed 50 pages for the main
submissions and 25 pages for the reply submissions.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above and submit 8
true paper copies to the Office of the Secretary by noon the next day
pursuant to section 210.4(f) of the Commission's Rules of Practice and
Procedure (19 CFR 210.4(f)). Submissions should refer to the
investigation number (``Inv. No. 337-TA-888'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions
regarding filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment. All such requests
should be directed to the Secretary to the Commission and must include
a full statement of the reasons why the Commission should grant such
treatment. See 19 CFR 201.6. Documents for which confidential treatment
by the Commission is properly sought will be treated accordingly. A
redacted non-confidential version of the document must also be filed
simultaneously with the confidential filing. All non-confidential
written submissions will be available for public inspection at the
Office of the Secretary and on EDIS.
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: November 06, 2014.
Lisa R. Barton,
Secretary for the Commission.
[FR Doc. 2014-26804 Filed 11-12-14; 8:45 am]
BILLING CODE 7020-02-P
