Certain Three-Dimensional Cinema Systems and Components Thereof Commission Determination To Review the Final Initial Determination in Part; Schedule for Filing Written Submissions on the Issues Under Review and on Remedy, Public Interest, and Bonding, 8744-8746 [2016-03537]
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8744
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
Supervisor, Office of Environment
Pacific Region, BOEM, (805) 384–6379
or Mr. David Fish, Acting Chief
Environmental Compliance Division,
BSEE, (202) 208–3599.
SUPPLEMENTARY INFORMATION: This NOA
is published pursuant to the regulations
(40 CFR part 1503) implementing the
provisions of the National
Environmental Policy Act (NEPA) of
1969, as amended, (42 U.S.C. 4321 et
seq. (1988)). To obtain a copy of the
Draft PEA:
1. You may download or view the
Draft PEA on the following Web site:
https://pocswellstim.evs.anl.gov.
2. Hard Copies are available at:
Santa Barbara Public Library, 40 E
Anapamu St, Santa Barbara, CA
93101, (805) 962–7653;
E.P. Foster Library, 651 E. Main St.,
Ventura, CA 93001, (805) 648–2716;
and
Long Beach Public Library, 101 Pacific
Ave, Long Beach, CA 90822, (562)
570–7500.
3. You may also obtain a hard copy
of the Draft PEA by contacting either
Mr. Rick Yarde or Mr. David Fish.
Comments: Government agencies and
other interested parties are requested to
send their written comments on the
Draft PEA in one of the following ways:
1. Preferred: Submit your comment on
the project’s public review Web site at:
https://pocswellstim.evs.anl.gov/;
2. In an envelope labeled ‘‘Comments
on the Draft PEA for Well Stimulation
Treatments on the Pacific OCS’’ and
mailed (or hand carried) to Mr. Rick
Yarde, Regional Supervisor, Office of
Environment Pacific Region, Bureau of
Ocean Energy Management, 760 Paseo
Camarillo, Suite 102 (CM102),
Camarillo, CA 93010; or Mr. David Fish,
Acting Chief Environmental Compliance
Division, Bureau of Safety and
Environmental Enforcement, 1849 C
Street NW., Room 5429, Washington,
DC 20240; and
3. By email to: pocswellstim@anl.gov.
Comments must be submitted by
March 23, 2016.
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Public Disclosure of Names and
Addresses
Before including your address, phone
number, email address or other personal
identifying information in your
comment, be advised that your entire
comment, including your personal
identifying information, may be made
publicly available at any time. While
you can ask us in your comment to
withhold from public review your
personal identifying information, we
cannot guarantee that we will be able to
do so. The Bureaus will not consider
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anonymous comments, and the Bureaus
will make available for inspection, in
their entirety, all comments submitted
by organizations or businesses or by
individuals identifying themselves as
representatives of organizations or
businesses.
Dated: February 9, 2016.
Brian Salerno,
Director, Bureau of Safety and Environmental
Enforcement.
Dated: February 9, 2016.
Abigail Ross Hopper,
Director, Bureau of Ocean Energy
Management.
INTERNATIONAL TRADE
COMMISSION
[USITC SE–16–005]
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
AGENCY HOLDING THE MEETING:
February 26, 2016 at
12:00 p.m.
Room 101, 500 E Street SW.,
Washington, DC 20436, Telephone:
(202) 205–2000.
PLACE:
Open to the public.
MATTERS TO BE CONSIDERED:
1. Agendas for future meetings: None.
2. Minutes.
3. Ratification List.
4. Vote in Inv. Nos. 701–TA–554 and
731–TA–1309 (Preliminary)(Certain
Biaxial Integral Geogrid Products from
China). The Commission is currently
scheduled to complete and file its
determinations on February 29, 2016;
views of the Commission are currently
scheduled to be completed and filed on
March 7, 2016.
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
By order of the Commission.
Dated: February 18, 2016.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2016–03748 Filed 2–18–16; 4:15 pm]
BILLING CODE 7020–02–P
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Certain Three-Dimensional Cinema
Systems and Components Thereof
Commission Determination To Review
the Final Initial Determination in Part;
Schedule for Filing Written
Submissions on the Issues Under
Review and on Remedy, Public
Interest, and Bonding
U.S. International Trade
Commission.
ACTION: Notice.
BILLING CODE 4310–VH–P
STATUS:
[Investigation No. 337–TA–939]
AGENCY:
[FR Doc. 2016–03600 Filed 2–19–16; 8:45 am]
TIME AND DATE:
INTERNATIONAL TRADE
COMMISSION
Notice is hereby given that
the U.S. International Trade
Commission has determined to reviewin-part the final initial determination
(‘‘ID’’) issued by the presiding
administrative law judge (‘‘ALJ’’) in the
above-captioned investigation on
December 16, 2015. The Commission
requests certain briefing from the parties
on the issues under review, as indicated
in this notice. The Commission also
requests briefing from the parties and
interested persons on the issues of
remedy, the public interest, and
bonding.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202–
205–3438. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
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 (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 December 12, 2014, based on a
complaint filed by RealD, Inc. of Beverly
Hills, California (‘‘RealD’’). 79 FR
73902–03. The complaint alleges
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
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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
importation of certain threedimensional cinema systems and
components thereof that infringe certain
claims of U.S. Patent Nos. 7,905,602;
8,220,934; 7,857,455; and 7,959,296. Id.
at 73902. The notice of investigation
named as respondents MasterImage 3D,
Inc. of Sherman Oaks, California, and
MasterImage 3D Asia, LLC of Seoul,
Republic of Korea (collectively,
‘‘MasterImage’’). Id. at 73903. The Office
of Unfair Import Investigations was not
named as a party to the investigation. Id.
On December 16, 2015, the ALJ issued
a final ID finding a violation of section
337 with respect to all three asserted
patents. The ALJ found that the asserted
claims of each patent are infringed. The
ALJ found that the asserted claims of the
asserted patents are not invalid for
anticipation or obviousness. The ALJ
found that the asserted claims of the
’455 patent satisfy the written
description and the definiteness
requirements of 35 U.S.C. 112. The ALJ
found that the asserted patents are not
unenforceable due to inequitable
conduct. The ALJ found that the ’296
patent properly named all inventors of
that patent. The ALJ found that the
technical prong of the domestic industry
requirement was satisfied for the
asserted patents. The ALJ also issued a
Recommended Determination on
Remedy and Bonding (‘‘RD’’),
recommending that a limited exclusion
order and a cease and desist order
should issue and that a bond of 100
percent should be imposed during the
period of presidential review.
On December 29, 2015, MasterImage
filed a petition for review challenging
various findings in the final ID. On
January 6, 2016, RealD filed a response
to MasterImage’s petition. On January
15, 2016, and January 19, 2016,
MasterImage and RealD respectively
filed post-RD statements on the public
interest under Commission Rule
210.50(a)(4). The Commission did not
receive any post-RD public interest
comments from the public in response
to the Commission notice issued on
December 22, 2015. 80 FR 80795 (Dec.
28, 2015).
Having examined the record of this
investigation, including the ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review in part the ALJ’s
determination of a section 337 violation.
Specifically, the Commission has
determined to review (1) the ID’s
construction of the ‘‘uniformly
modulate’’ limitation recited in claims 1
and 17 of the ’455 patent; (2) the ID’s
infringement findings with respect to
the asserted claims of the ’455 patent;
(3) the ID’s findings on validity of the
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asserted claims of the ’455 patent; (4)
the ID’s finding of proper inventorship
of the ’296 patent; (5) the ID’s findings
on validity of the asserted claims of the
’934 patent; and (6) the ID’s finding
regarding the technical prong of the
domestic industry requirement with
respect to the ’455 patent.
The Commission has determined not
to review the remaining issues decided
in the final ID. In connection with its
review, the Commission requests
responses to the following questions
only. The parties are requested to brief
their positions with reference to the
applicable law and the existing
evidentiary record.
1. Discuss whether the accused
products satisfy the limitation
‘‘uniformly modulate’’ recited in claims
1 and 17 of the ’455 patent if the
limitation is construed as: ‘‘operating on
all input light to change it from one
polarization state to another
polarization state.’’
2. Applying the construction in
Question No. 1, discuss whether the
prior art discloses or suggests the
limitation ‘‘uniformly modulate.’’
3. Applying the construction in
Question No. 1, discuss whether the
alleged domestic industry products
satisfy the limitation ‘‘uniformly
modulate.’’
4. Discuss whether the written
description requirement under § 112, ¶ 1
is satisfied with respect to the asserted
claims of the ’455 patent that do not
require an element for rotating the
polarization state of the light energy in
one path to match the polarization state
of the light energy in the other path.
Explain the role of such rotation in
improving image brightness. In
addition, discuss the necessity of such
rotation where a single polarization
modulator is used.
5. Discuss any authorities that have
excluded from the scope of a limited
exclusion order components of an
infringing product where those
components are also used in nonadjudicated products, and discuss
whether those authorities apply in this
investigation. In addition, discuss
whether a certification provision in a
limited exclusion order would address
the parties’ dispute as to such
components.
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 a cease
and desist order that could result in the
respondent being required to cease and
desist from engaging in unfair acts in
the importation and sale of such
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8745
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 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
order 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. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation are requested to file
written submissions on all of the issues
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 by the ALJ
on remedy and bonding. Complainant
RealD is also requested to submit
proposed remedial orders for the
Commission’s consideration. RealD is
also requested to state the date that the
asserted patents expire and the HTSUS
numbers under which the accused
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8746
Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Notices
products are imported, and provide
identification information for all known
importers of the subject articles. Initial
written submissions and proposed
remedial orders must be filed no later
than close of business on Tuesday,
March 1, 2016. Initial written
submissions by the parties shall be no
more than 50 pages, excluding any
attachments or exhibits. Reply
submissions must be filed no later than
the close of business on Friday, March
11, 2016. Reply submissions by the
parties shall be no more than 30 pages,
excluding any attachments or exhibits.
No further submissions on these issues
will be permitted unless otherwise
ordered by the Commission. 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–939’’) 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 at (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
any confidential filing. All
nonconfidential 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: February 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016–03537 Filed 2–19–16; 8:45 am]
BILLING CODE 7020–02–P
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INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–943]
Certain Wireless Headsets;
Commission Determination To Grant
Joint Motions To Amend the Notice of
Investigation and To Terminate the
Investigation in Part as to Respondent
Aliphcom d/b/a/ Jawbone on the Basis
of a Settlement Agreement
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to grant an
amended joint motion to amend the
Notice of Investigation to correct the
name of respondent Jawbone, Inc. to
AliphCom d/b/a/ Jawbone
(‘‘AliphCom’’) and a joint motion to
terminate the above-captioned
investigation in part as to respondent
AliphCom based upon a settlement
agreement.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Megan M. Valentine, Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
708–2301. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
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 January 13, 2015, based on a
complaint filed by One-E-Way, Inc. of
Pasadena, California (‘‘One-E-Way’’). 80
FR 1663 (Jan. 13, 2015). The complaint
alleges 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 wireless
headsets by reason of infringement of
certain claims of U.S. Patent Nos.
7,865,258 (‘‘the ’258 patent’’) and
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8,131,391 (‘‘the ’391 patent’’). Id. The
notice of investigation named several
respondents, including Sony
Corporation of Tokyo, Japan; Sony
Corporation of America of New York,
New York; and Sony Electronics, Inc. of
San Diego, California (collectively,
‘‘Sony’’); Beats Electronics, LLC of
Culver City, California and Beats
Electronics International Ltd. of Dublin,
Ireland (collectively, ‘‘Beats’’);
Sennheiser Electronic GmbH & Co. KG
of Wedemark, Germany and Sennheiser
Electronic Corporation of Old Lyme,
Connecticut (collectively,
‘‘Sennheiser’’); BlueAnt Wireless Pty,
Ltd. of Richmond, Australia and
BlueAnt Wireless, Inc. of Chicago,
Illinois (collectively, ‘‘BlueAnt’’);
Creative Technology Ltd. of Singapore
and Creative Labs, Inc. of Milpitas,
California (collectively, ‘‘Creative
Labs’’); GN Netcom A/S d/b/a Jabra of
Ballerup, Denmark (‘‘GN Netcom’’); and
Jawbone, Inc. of San Francisco,
California. Id. The Office of Unfair
Import Investigations (OUII) also was
named as a party to the investigation. Id.
The Commission previously terminated
the investigation with respect to Beats
and Sennheiser. See Notice (Apr. 29,
2015); Notice (June 11, 2015). The
Commission also previously terminated
the investigation with respect to certain
claims of the ’258 and ’391 patents. See
Notice (May 26, 2015); Notice (Aug. 26,
2015).
On December 23, 2015, One-E-Way
and respondent Jawbone, Inc. (styled in
the motion as AliphCom) filed a joint
motion to terminate the investigation as
to AliphCom based on a settlement
agreement pursuant to section 210.21(b)
of the Commission’s Rules of Practice
and Procedure (19 CFR 210.21(b)). OneE-Way and AliphCom additionally
requested that service of the unredacted
version of the settlement agreements be
limited to the Commission investigative
attorney (‘‘IA’’). On December 24, 2015,
the IA filed a response supporting the
joint motion and agreeing that restricted
service was appropriate. No other party
filed a response to the joint motion.
On January 12, 2016, One-E-Way and
respondent Jawbone, Inc. (styled in the
motion as Aliphcom) filed a joint
motion to amend the Notice of
Investigation to correct the name of
respondent Jawbone, Inc. to AliphCom
d/b/a/ Jawbone. On January 14, 2016,
One-E-Way and Jawbone, Inc. filed an
amended joint motion to amend the
Notice of Investigation, indicating that
the remaining respondents and the IA
do not oppose or object to the motion.
The Commission has determined to
amend the Notice of Investigation as
requested and to terminate the
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]]>Agencies
[Federal Register Volume 81, Number 34 (Monday, February 22, 2016)]
[Notices]
[Pages 8744-8746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03537]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-939]
Certain Three-Dimensional Cinema Systems and Components Thereof
Commission Determination To Review the Final Initial Determination in
Part; Schedule for Filing Written Submissions on the Issues Under
Review and on Remedy, 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'') in the above-captioned investigation on December 16, 2015.
The Commission requests certain briefing from the parties on the issues
under review, as indicated in this notice. The Commission also requests
briefing from the parties and interested persons on the issues of
remedy, the public interest, and bonding.
FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone 202-205-3438. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for 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 (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 December 12, 2014, based on a complaint filed by RealD, Inc. of
Beverly Hills, California (``RealD''). 79 FR 73902-03. The complaint
alleges 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
[[Page 8745]]
importation of certain three-dimensional cinema systems and components
thereof that infringe certain claims of U.S. Patent Nos. 7,905,602;
8,220,934; 7,857,455; and 7,959,296. Id. at 73902. The notice of
investigation named as respondents MasterImage 3D, Inc. of Sherman
Oaks, California, and MasterImage 3D Asia, LLC of Seoul, Republic of
Korea (collectively, ``MasterImage''). Id. at 73903. The Office of
Unfair Import Investigations was not named as a party to the
investigation. Id.
On December 16, 2015, the ALJ issued a final ID finding a violation
of section 337 with respect to all three asserted patents. The ALJ
found that the asserted claims of each patent are infringed. The ALJ
found that the asserted claims of the asserted patents are not invalid
for anticipation or obviousness. The ALJ found that the asserted claims
of the '455 patent satisfy the written description and the definiteness
requirements of 35 U.S.C. 112. The ALJ found that the asserted patents
are not unenforceable due to inequitable conduct. The ALJ found that
the '296 patent properly named all inventors of that patent. The ALJ
found that the technical prong of the domestic industry requirement was
satisfied for the asserted patents. The ALJ also issued a Recommended
Determination on Remedy and Bonding (``RD''), recommending that a
limited exclusion order and a cease and desist order should issue and
that a bond of 100 percent should be imposed during the period of
presidential review.
On December 29, 2015, MasterImage filed a petition for review
challenging various findings in the final ID. On January 6, 2016, RealD
filed a response to MasterImage's petition. On January 15, 2016, and
January 19, 2016, MasterImage and RealD respectively filed post-RD
statements on the public interest under Commission Rule 210.50(a)(4).
The Commission did not receive any post-RD public interest comments
from the public in response to the Commission notice issued on December
22, 2015. 80 FR 80795 (Dec. 28, 2015).
Having examined the record of this investigation, including the ID,
the petitions for review, and the responses thereto, the Commission has
determined to review in part the ALJ's determination of a section 337
violation. Specifically, the Commission has determined to review (1)
the ID's construction of the ``uniformly modulate'' limitation recited
in claims 1 and 17 of the '455 patent; (2) the ID's infringement
findings with respect to the asserted claims of the '455 patent; (3)
the ID's findings on validity of the asserted claims of the '455
patent; (4) the ID's finding of proper inventorship of the '296 patent;
(5) the ID's findings on validity of the asserted claims of the '934
patent; and (6) the ID's finding regarding the technical prong of the
domestic industry requirement with respect to the '455 patent.
The Commission has determined not to review the remaining issues
decided in the final ID. In connection with its review, the Commission
requests responses to the following questions only. The parties are
requested to brief their positions with reference to the applicable law
and the existing evidentiary record.
1. Discuss whether the accused products satisfy the limitation
``uniformly modulate'' recited in claims 1 and 17 of the '455 patent if
the limitation is construed as: ``operating on all input light to
change it from one polarization state to another polarization state.''
2. Applying the construction in Question No. 1, discuss whether the
prior art discloses or suggests the limitation ``uniformly modulate.''
3. Applying the construction in Question No. 1, discuss whether the
alleged domestic industry products satisfy the limitation ``uniformly
modulate.''
4. Discuss whether the written description requirement under Sec.
112, ] 1 is satisfied with respect to the asserted claims of the '455
patent that do not require an element for rotating the polarization
state of the light energy in one path to match the polarization state
of the light energy in the other path. Explain the role of such
rotation in improving image brightness. In addition, discuss the
necessity of such rotation where a single polarization modulator is
used.
5. Discuss any authorities that have excluded from the scope of a
limited exclusion order components of an infringing product where those
components are also used in non-adjudicated products, and discuss
whether those authorities apply in this investigation. In addition,
discuss whether a certification provision in a limited exclusion order
would address the parties' dispute as to such components.
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 a cease and desist order that could result in the respondent
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 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 order 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. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to the investigation are requested
to file written submissions on all of the issues 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 by the
ALJ on remedy and bonding. Complainant RealD is also requested to
submit proposed remedial orders for the Commission's consideration.
RealD is also requested to state the date that the asserted patents
expire and the HTSUS numbers under which the accused
[[Page 8746]]
products are imported, and provide identification information for all
known importers of the subject articles. Initial written submissions
and proposed remedial orders must be filed no later than close of
business on Tuesday, March 1, 2016. Initial written submissions by the
parties shall be no more than 50 pages, excluding any attachments or
exhibits. Reply submissions must be filed no later than the close of
business on Friday, March 11, 2016. Reply submissions by the parties
shall be no more than 30 pages, excluding any attachments or exhibits.
No further submissions on these issues will be permitted unless
otherwise ordered by the Commission. 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-939'') 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 at
(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 Sec. 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 any confidential
filing. All nonconfidential 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. Sec.
1337), and in Part 210 of the Commission's Rules of Practice and
Procedure (19 CFR part 210).
By order of the Commission.
Issued: February 16, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-03537 Filed 2-19-16; 8:45 am]
BILLING CODE 7020-02-P
