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]

Download as PDF 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: http://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: http://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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 19:03 Feb 19, 2016 Jkt 238001 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 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 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 (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 E:\FR\FM\22FEN1.SGM 22FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 19:03 Feb 19, 2016 Jkt 238001 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 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22FEN1.SGM 22FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 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, http://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 VerDate Sep<11>2014 19:03 Feb 19, 2016 Jkt 238001 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 http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// 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 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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 E:\FR\FM\22FEN1.SGM 22FEN1

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]


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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 (http://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://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, http://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