Notice of Lodging of Proposed Consent Decree Under Cercla, 78907 [2014-30629]
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Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Notices
’487 patent. To conserve resources, the
Commission has determined to take no
position on infringement and validity as
it pertains to the ’487 patent. Regarding
the ’453 patent, the Commission has
determined that the prior art REMstar
device anticipates the asserted claims of
the ’453 patent under the Commission’s
construction of the claim limitation ‘‘a
retaining mechanism configured to
secure the connecting structure to the
CPAP apparatus’’ to mean ‘‘one or more
parts for holding in place the CPAP
apparatus that is configured to attach
the connecting structure to the CPAP
apparatus.’’ Given that Commission’s
construction is broader than the ALJ’s
construction, the Commission has
determined to affirm the ALJ’s
infringement and domestic industry,
technical prong, findings. With respect
to domestic industry the Commission
has determined to vacate the ID’s
findings and conclusion that ResMed
established a domestic industry under
19 U.S.C. 1337(a)(3)(C).
Having found a violation of section
337 in this investigation, the
Commission has determined that the
appropriate form of relief is: (1) A
limited exclusion order prohibiting the
unlicensed entry of sleep-disordered
breathing treatment systems and
components thereof that infringe one or
more of claims 1, 9, 32, 89, and 92 of
the ’527 patent; claims 19, 21, 29, 32,
and 36 of the ’392 patent; claims 32, 33,
34, and 53 of the ’267 patent; claims 30,
37, and 38 of the ’060 patent; and claims
1, 3, 5, 11, 28, 30, 31, and 56 of the ’883
patent that are manufactured by, or on
behalf of, or are imported by or on
behalf of BMC Medical Co., Ltd., 3B
Medical, Inc., or 3B Products L.L.C. or
any of their affiliated companies,
parents, subsidiaries, agents, or other
related business entities, or their
successors or assigns, except for service
and replacement parts for customers
that purchased their covered products
prior to the date the exclusion order
becomes final; and (2) cease and desist
orders prohibiting domestic respondents
BMC Medical Co., Ltd., 3B Medical, Inc.
from conducting any of the following
activities in the United States:
Importing, selling, marketing,
advertising, distributing, transferring
(except for exportation), and soliciting
U.S. agents or distributors for, sleepdisordered breathing treatment systems
and components thereof covered by
claims 1, 9, 32, 89, and 92 of the ’527
patent; claims 19, 21, 29, 32, and 36 of
the ’392 patent; claims 32, 33, 34, and
53 of the ’267 patent; claims 30, 37, and
38 of the ’060 patent; and claims 1, 3,
5, 11, 28, 30, 31, and 56 of the ’883
VerDate Sep<11>2014
22:02 Dec 30, 2014
Jkt 235001
patent. The proposed cease and desist
orders include the following
exemptions: (1) If in a written
instrument, the owner of the patents
authorizes or licenses such specific
conduct, or such specific conduct is
related to the importation or same of
covered products by or for the United
States; or (2) conduct limited to the
provision of service and replacement
parts for customers that purchased their
covered products prior to the date this
Order becomes final within the meaning
of 19 U.S.C. 1337(j)(4).
The Commission has also determined
that the public interest factors
enumerated in section 337(d) and (f) (19
U.S.C. 1337(d) and (f)) do not preclude
issuance of the limited exclusion order
or cease and desist orders. Finally, the
Commission has determined that a bond
in the amount of 65 percent of entered
value is required to permit temporary
importation during the period of
Presidential review (19 U.S.C. 1337(j))
of sleep-disordered breathing treatment
systems and components thereof that
are subject to the limited exclusion
order. The Commission’s orders and
opinion were delivered to the President
and to the United States Trade
Representative on the day of their
issuance.
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: December 23, 2014.
Jennifer Rohrbach,
Supervisory Attorney.
[FR Doc. 2014–30584 Filed 12–30–14; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under Cercla
On December 22, 2014, the
Department of Justice lodged a proposed
consent decree between the United
States and Robert G. Schory, III with the
United States District Court for the
Western District of North Carolina,
Charlotte Division, in a case entitled
United States v. Boulos Family
Properties, LLC, et al, No. 2:14–cv–059.
The proposed consent decree resolves
claims for response costs under Section
107 of the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as amended, (‘‘CERCLA’’), 42
PO 00000
Frm 00129
Fmt 4703
Sfmt 9990
78907
U.S.C. 9607, against Robert G. Schory,
III, in connection with the National
Petroleum Packers Site, a former glycol
reprocessing facility in Stallings, North
Carolina. Under the proposed consent
decree, Mr. Schory will pay $1,500 in
exchange for a covenant not to sue for
the Site from the United States,
conditioned on the accuracy of certain
representations he made about his
financial condition.
The publication of this notice opens
a period for public comment on the
consent decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States v. Boulos Family
Properties, LLC, et al, DJ. Ref. No. # 90–
11–3–10947. 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.
Assistant Attorney General, U.S. DOJ–ENRD,
P.O. Box 7611, Washington, DC 20044–
7611.
By mail ...............
During the public comment period,
the 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 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 $6.00 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2014–30629 Filed 12–30–14; 8:45 am]
BILLING CODE 4410–15–P
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31DEN1
]]>Agencies
[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Page 78907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30629]
=======================================================================
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under Cercla
On December 22, 2014, the Department of Justice lodged a proposed
consent decree between the United States and Robert G. Schory, III with
the United States District Court for the Western District of North
Carolina, Charlotte Division, in a case entitled United States v.
Boulos Family Properties, LLC, et al, No. 2:14-cv-059.
The proposed consent decree resolves claims for response costs
under Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended, (``CERCLA''), 42
U.S.C. 9607, against Robert G. Schory, III, in connection with the
National Petroleum Packers Site, a former glycol reprocessing facility
in Stallings, North Carolina. Under the proposed consent decree, Mr.
Schory will pay $1,500 in exchange for a covenant not to sue for the
Site from the United States, conditioned on the accuracy of certain
representations he made about his financial condition.
The publication of this notice opens a period for public comment on
the consent decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States v. Boulos Family Properties, LLC, et al,
DJ. Ref. No. # 90-11-3-10947. 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.
------------------------------------------------------------------------
During the public comment period, the 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 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 $6.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry S. Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2014-30629 Filed 12-30-14; 8:45 am]
BILLING CODE 4410-15-P
