Notice of Lodging of Proposed Consent Decree Under the Clean Water Act, 9076 [2017-02241]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES 9076 Federal Register / Vol. 82, No. 21 / Thursday, February 2, 2017 / Notices those patents. Order No. 8 (Mar. 10, 2016), not reviewed, Notice (Apr. 4, 2016); Order No. 13 (May 3, 2016), not reviewed, Notice (May 23, 2016). On January 27, 2016, SawStop moved for a summary determination that it satisfied the economic prong of the domestic industry requirement. On February 8, 2016, Bosch indicated that it did not oppose the motion. On March 22, 2016, the ALJ granted the unopposed motion and determined that SawStop satisfied the economic prong of the domestic industry requirement. Order No. 10 (Mar. 22, 2016), not reviewed, Notice (Apr. 21, 2016). On September 9, 2016, the ALJ issued his final initial determination finding a violation of section 337 with respect to the ’927 and ’279 patents, and no violation of section 337 with respect to the ’712 and ’455 patents. Specifically, he found that Bosch did not directly or contributorily infringe the ’712 and ’455 patents, but found that Bosch’s REAXX table saw directly infringed the ’927 and ’279 patents and that Bosch’s activation cartridges contributorily infringed the ’927 and ’279 patents. He also found that Bosch had failed to show that any of the patent claims were invalid, and that SawStop satisfied the domestic industry requirement with respect to all four patents. Based on these findings, on September 20, 2016, the ALJ recommended that a limited exclusion order issue against Bosch’s infringing products, that a cease and desist order issue against Robert Bosch Tool Corporation, and that the bond during the period of Presidential review be set at zero percent. He also recommended that the scope of the exclusion order and cease and desist order specifically cover the contributorily infringing activation cartridges. On September 26, 2016, SawStop and Bosch each petitioned for review of the ID. On October 4, 2016, the parties opposed each other’s petitions. On November 10, 2016, the Commission determined not to review the ID, and requested briefing from the parties and the public on the issues of remedy, the public interest, and bonding. The Commission received responsive submissions from SawStop, Bosch, and the PowerTool Institute, Inc. on November 22, 2016, and reply submissions from SawStop and Bosch on December 2, 2016. The Commission has determined that the appropriate remedy is a limited exclusion order prohibiting the entry of table saws incorporating active injury mitigation technology and components thereof that infringe claims 8 and 12 of the ’927 patent and claims 1, 6, 16, and 17 of the ’279 patent, and an order that VerDate Sep<11>2014 16:31 Feb 01, 2017 Jkt 241001 Robert Bosch Tool Corp. cease and desist from importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), or soliciting U.S. agents or distributors of imported table saws incorporating active injury mitigation technology and components thereof that infringe claims 8 and 12 of U.S. Patent the ’927 patent and claims 1, 6, 16, and 17 of the ’279 patent. The Commission has determined that the public interest factors enumerated in section 337(d) and (f), 19 U.S.C. 1337(d) and (f), do not preclude the issuance of the limited exclusion order or cease and desist order. The Commission has determined that bonding at zero percent of entered value is required during the period of Presidential review, 19 U.S.C. 1337(j). Commissioner Kieff dissents as to the bond determination, and writes separately to explain his views both concerning the basis for issuing the cease and desist order and for making the bond determination. The investigation is terminated. The Commission’s order and opinion were delivered to the President and 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: January 27, 2017. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2017–02178 Filed 2–1–17; 8:45 am] BILLING CODE 7020–02–P holds and to pay a $385,000 civil penalty. 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 of America v. EMD Millipore Corporation, Civil Action No. 1:17–cv–34, D.J. Ref. 90–5–1–1– 11441. 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 email ....... 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 proposed Consent Decree may be examined and downloaded at this Justice Department Web site: http:// www.justice.gov/enrd/consent-decrees. 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 $11.75 (25 cents per page reproduction cost) payable to the United States Treasury. Robert E. Maher Jr., Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2017–02241 Filed 2–1–17; 8:45 am] DEPARTMENT OF JUSTICE BILLING CODE 4410–15–P Notice of Lodging of Proposed Consent Decree Under the Clean Water Act DEPARTMENT OF JUSTICE On January 30, 2017, a proposed Consent Decree in United States of America v. EMD Millipore Corporation, Civil Action No. 1:17–cv–34, was filed with the United States District Court for New Hampshire. The proposed Consent Decree between the parties resolves the United States’ claims that EMD Millipore violated the Clean Water Act and permits it holds under the Act at EMD Millipore’s manufacturing facility in Jaffrey, New Hampshire. The proposed Consent Decree requires EMD Millipore to undertake work at its facility to comply with the Act and the permits it PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Notice of Extension to Public Comment Period for Consent Decree Under the Clean Air Act On December 20, 2016, the Department of Justice lodged a proposed Second Partial Consent Decree with the United States District Court for the Northern District of California in the lawsuit entitled In re: Volkswagen ‘‘Clean Diesel’’ Marketing, Sales Practices, and Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC). This Second Partial Consent Decree (‘‘Decree’’) is entered into between the United States, California, and all defendants (collectively, E:\FR\FM\02FEN1.SGM 02FEN1

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[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Notices]
[Page 9076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02241]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On January 30, 2017, a proposed Consent Decree in United States of 
America v. EMD Millipore Corporation, Civil Action No. 1:17-cv-34, was 
filed with the United States District Court for New Hampshire.
    The proposed Consent Decree between the parties resolves the United 
States' claims that EMD Millipore violated the Clean Water Act and 
permits it holds under the Act at EMD Millipore's manufacturing 
facility in Jaffrey, New Hampshire. The proposed Consent Decree 
requires EMD Millipore to undertake work at its facility to comply with 
the Act and the permits it holds and to pay a $385,000 civil penalty.
    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 of America v. EMD Millipore 
Corporation, Civil Action No. 1:17-cv-34, D.J. Ref. 90-5-1-1-11441. 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:

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         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  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 proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: http://www.justice.gov/enrd/consent-decrees. 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 $11.75 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Robert E. Maher Jr.,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 2017-02241 Filed 2-1-17; 8:45 am]
 BILLING CODE 4410-15-P