Certain Magnetic Tape Cartridges and Components Thereof; Notice of Commission Decision Not To Review an Initial Determination Granting Complainant's Unopposed Motion To Amend the Complaint and Notice of Investigation, 40596-40597 [2017-18044]
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Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on July
19, 2017, under section 337 of the Tariff
Act of 1930, as amended, on behalf of
Wirtgen America, Inc. of Antioch,
Tennessee. Supplements were filed on
August 11, 2017. The complaint alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain road milling machines and
components thereof by reason of
infringement of one or more of U.S.
Patent No. 9,644,340 (‘‘the ’340 patent’’);
U.S. Patent No. 9,624,628 (‘‘the ’628
patent’’); U.S. Patent No. 9,656,530 (‘‘the
’530 patent’’); U.S. Patent No. 7,530,641
(‘‘the ’641 patent’’); and U.S. Patent No.
7,828,309 (‘‘the ’309 patent’’). The
complaint further alleges that an
industry in the United States exists as
required by the applicable Federal
Statute.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
limited exclusion order and cease and
desist orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is 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., Room
112, Washington, DC 20436, telephone
(202) 205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at (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.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 1337
and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2017).
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
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17:40 Aug 24, 2017
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Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
August 18, 2017, Ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation of certain road milling
machines and components thereof by
reason of infringement of one or more of
claims 1–5, 7–12, and 14–17 of the ’340
patent; claims 1, 2, 5, 6, 9–22, and 27–
29 of the ’628 patent; claims 1–7, 13–24,
and 26 of the ’530 patent; claims 1, 2,
4, 6–8, 11, 12, and 15–17 of the ’641
patent; and claims 1–3, 5–24, and 26–
36 of the ’309 patent; and whether an
industry in the United States exists as
required by subsection (a)(2) of section
337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is: Wirtgen
America, Inc., 6030 Dana Way, Antioch,
TN 37013–3116.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Caterpillar Bitelli SpA, Via IV
Novembre, 2, 40061 Minerbio BO,
Italy
Caterpillar Prodotti Stradali S.r.L., Via
IV Novembre, 2, 40061 Minerbio BO,
Italy
Caterpillar Americas CV, 76 Route de
Frontenex Boite Postale 6000, 1211
Geneva, Switzerland
Caterpillar Paving Products, Inc., 9401
85th Avenue North, Minneapolis, MN
55445
Caterpillar Inc., 100 NE Adams Street,
Peoria, IL 61629
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW., Suite
401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
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Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: August 21, 2017.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2017–18024 Filed 8–24–17; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1036]
Certain Magnetic Tape Cartridges and
Components Thereof; Notice of
Commission Decision Not To Review
an Initial Determination Granting
Complainant’s Unopposed Motion To
Amend the Complaint and Notice of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 16) granting
complainant’s unopposed motion for
leave to amend the complaint and
notice of investigation to reflect a
corporate reorganization of complainant
Sony Storage Media and Devices
Corporation.
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
SUMMARY:
E:\FR\FM\25AUN1.SGM
25AUN1
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Notices
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 TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on January 24, 2017, based on a
complaint filed by Sony Corporation of
Tokyo, Japan; Sony Storage Media and
Devices Corporation of Tagajo, Japan
(‘‘SSMD’’); Sony DADC US Inc. of Terre
Haute, Indiana; and Sony Latin America
Inc. of Miami, Florida (collectively,
‘‘Sony’’), alleging a violation of section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (‘‘section
337’’). 82 FR 8209–10 (Jan 24, 2017).
The complaint, as supplemented,
alleges violations of section 337 by
reason of infringement of certain claims
of U.S. Patent Nos. 6,345,779; 6,896,959;
7,016,137; and 7,115,331 (collectively,
‘‘the patents-in-suit’’). The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337. The
notice of investigation names as
respondents Fujifilm Holdings
Corporation and Fujifilm Corporation
both of Tokyo, Japan; Fujifilm Holdings
America Corporation of Valhalla, New
York; and Fujifilm Recording Media
U.S.A., Inc. of Bedford, Massachusetts
(collectively, ‘‘Fujifilm’’). Id. at 8210.
The Office of Unfair Import
Investigations is also named as a party.
Id.
On July 28, 2017, Sony filed a motion
for leave to amend the complaint and
notice of investigation to reflect a
corporate reorganization of SSMD.
Specifically, Sony seeks to replace the
entity SSMD with two distinct entities:
‘‘Sony Storage Media Solutions’’ and
‘‘Sony Storage Media Manufacturing
Corporation.’’ Sony submits that the
reorganization did not affect the
ownership of the patents-in-suit. Sony
stated that its motion is unopposed by
Fujifilm or OUII.
On August 4, 2017, the ALJ issued the
subject ID, granting Sony’s motion
pursuant to Commission rule
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17:40 Aug 24, 2017
Jkt 241001
210.14(b)(1). The ID finds that Sony has
shown good cause to amend the
complaint and notice of investigation to
reflect the corporate reorganization of
SSMD. The ID further finds no evidence
that these amendments would harm the
public interest or prejudice any party to
this investigation.
No petitions for review were filed and
the Commission has determined not to
review the subject ID.
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: August 22, 2017.
William R. Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2017–18044 Filed 8–24–17; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
United States v. DIRECTV Group
Holdings, LLC, et al.; Public Comment
and Response on Proposed Final
Judgment
Pursuant to the Antitrust Procedures
and Penalties Act, 15 U.S.C. 16(b)–(h),
the United States hereby publishes
below the comment received on the
proposed Final Judgment in United
States v. DIRECTV Group Holdings,
LLC, et al., Case No. 2:16–cv–08150–
MWF–E (C.D. Cal.), together with the
Response of the United States to Public
Comment.
Copies of the comment and the
United States’ Response are available for
inspection at the Department of Justice
Antitrust Division, 450 Fifth Street NW.,
Suite 1010, Washington, DC 20530
(telephone: 202–514–2481), on the
Department of Justice’s Web site at
https://www.justice.gov/atr/case/us-vdirectv-group-holdings-llc-and-att-inc,
and at the Office of the Clerk of the
United States District Court for the
Central District of California (Western
Division), 312 N. Spring Street, Los
Angeles, CA 90012. Copies of any of
these materials may also be obtained
upon request and payment of a copying
fee.
Patricia A. Brink,
Director of Civil Enforcement.
FREDERICK S. YOUNG (DC Bar No.
421285)
frederick.young@usdoj.gov
PO 00000
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40597
U.S. DEPARTMENT OF JUSTICE
ANTITRUST DIVISION
450 5th Street NW.
Washington, DC 20530
Telephone: 202–307–2869
Facsimile: 202–514–6381
Counsel for Plaintiff,
UNITED STATES OF AMERICA
United States District Court for the
Central District of California Western
Division
United States of America, Plaintiff, v.
DIRECTV Group Holdings, LLC, et al.,
Defendants.
Case No. 2:16–cv–08150–MWF–E
Plaintiff United States’ Response to Public
Comment on the Proposed Final Judgment
Judge: Hon. Michael W. Fitzgerald
Pursuant to the requirements of the
Antitrust Procedures and Penalties Act,
15 U.S.C. § 16(b)–(h) (‘‘APPA’’ or
‘‘Tunney Act’’), the United States
hereby files the single public comment
received concerning the proposed Final
Judgment in this case and the United
States’ response to the comment. After
careful consideration of the submitted
comment, the United States continues to
believe that the proposed Final
Judgment provides an effective and
appropriate remedy for the antitrust
violations alleged in the Complaint. The
United States will move the Court for
entry of the proposed Final Judgment
after the public comment and this
Response have been published in the
Federal Register pursuant to 15 U.S.C.
§ 16(d).
I. PROCEDURAL HISTORY
On November 2, 2016, the United
States filed a civil antitrust Complaint
alleging that DIRECTV acted as the
ringleader of a series of unlawful
information exchanges between
DIRECTV and three of its competitors—
Cox Communications, Inc., Charter
Communications, Inc. and AT&T (prior
to its acquisition of DIRECTV)—during
the companies’ parallel negotiations to
carry SportsNet LA, which holds the
exclusive rights to telecast almost all
live Dodgers games in the Los Angeles
area. The Complaint alleges that
DIRECTV unlawfully exchanged
competitively sensitive information
with Cox, Charter and AT&T during the
companies’ negotiations for the right to
telecast SportsNet LA (the ‘‘Dodgers
Channel’’). In 2015, Defendant AT&T
acquired DIRECTV, and AT&T was
included as a defendant in this action as
DIRECTV’s successor in interest.
The United States and Defendants
subsequently reached a settlement and,
on March 23, 2017, the United States
filed a Stipulation and Order and
proposed Final Judgment (ECF Nos. 31
E:\FR\FM\25AUN1.SGM
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Agencies
[Federal Register Volume 82, Number 164 (Friday, August 25, 2017)]
[Notices]
[Pages 40596-40597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18044]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1036]
Certain Magnetic Tape Cartridges and Components Thereof; Notice
of Commission Decision Not To Review an Initial Determination Granting
Complainant's Unopposed Motion To Amend the Complaint and Notice of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') (Order No. 16)
granting complainant's unopposed motion for leave to amend the
complaint and notice of investigation to reflect a corporate
reorganization of complainant Sony Storage Media and Devices
Corporation.
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
[[Page 40597]]
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 TDD terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on January 24, 2017, based on a complaint filed by Sony Corporation of
Tokyo, Japan; Sony Storage Media and Devices Corporation of Tagajo,
Japan (``SSMD''); Sony DADC US Inc. of Terre Haute, Indiana; and Sony
Latin America Inc. of Miami, Florida (collectively, ``Sony''), alleging
a violation of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337 (``section 337''). 82 FR 8209-10 (Jan 24, 2017). The
complaint, as supplemented, alleges violations of section 337 by reason
of infringement of certain claims of U.S. Patent Nos. 6,345,779;
6,896,959; 7,016,137; and 7,115,331 (collectively, ``the patents-in-
suit''). The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337. The
notice of investigation names as respondents Fujifilm Holdings
Corporation and Fujifilm Corporation both of Tokyo, Japan; Fujifilm
Holdings America Corporation of Valhalla, New York; and Fujifilm
Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively,
``Fujifilm''). Id. at 8210. The Office of Unfair Import Investigations
is also named as a party. Id.
On July 28, 2017, Sony filed a motion for leave to amend the
complaint and notice of investigation to reflect a corporate
reorganization of SSMD. Specifically, Sony seeks to replace the entity
SSMD with two distinct entities: ``Sony Storage Media Solutions'' and
``Sony Storage Media Manufacturing Corporation.'' Sony submits that the
reorganization did not affect the ownership of the patents-in-suit.
Sony stated that its motion is unopposed by Fujifilm or OUII.
On August 4, 2017, the ALJ issued the subject ID, granting Sony's
motion pursuant to Commission rule 210.14(b)(1). The ID finds that Sony
has shown good cause to amend the complaint and notice of investigation
to reflect the corporate reorganization of SSMD. The ID further finds
no evidence that these amendments would harm the public interest or
prejudice any party to this investigation.
No petitions for review were filed and the Commission has
determined not to review the subject ID.
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: August 22, 2017.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2017-18044 Filed 8-24-17; 8:45 am]
BILLING CODE 7020-02-P