Notice of Lodging of Proposed Stipulation and Order Under the Comprehensive Environmental Response, Compensation, and Liability Act, 56269-56270 [2017-25636]
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Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
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section X of Respondents’ Petition for
Review).
(5) The issue of whether Comcast’s two
alternative designs infringe the ’263 and ’413
patents (Issue 4 in Respondents’ Petition for
Review).
(6) The Final ID’s claim construction of
‘‘cancel a function of the second tuner to
permit the second tuner to perform the
requested tuning operation’’ in the ’512
patent, and the Final ID’s infringement
determinations as to that patent (Issue 26 in
Respondents’ Petition for Review).
(7) The Final ID’s conclusion that the
asserted claims of the ’512 patent are invalid
as obvious (the issue discussed in section
VI.B.4 of Rovi’s Petition for Review).
(8) The issue of whether the ARRIS-Rovi
Agreement provides a defense to the
allegations against the ARRIS respondents
(the issue discussed in section XI of
Respondents’ Petition for Review).
(9) The Final ID’s conclusion that Rovi did
not establish the economic prong of the
domestic industry requirement based on
patent licensing (the issue discussed in
section IV of Rovi’s Petition for Review).
Id. at 38935. The Commission
determined to not review the remainder
of the Final ID. Id. The Commission
additionally concluded that
Respondents’ petition of certain issues
decided in the Final ID was improper,
and therefore, those assignments of error
were waived. Id. In the Notice of
Review, the Commission also granted
the motion to correct the corporate
names of two of the respondents and
determined to reopen the evidentiary
record and accept the supplemental
disclosure, response thereto, and reply
to the response. Id. at 38934–35. The
Commission requested briefing on some
of the issues under review and also on
remedy, the public interest, and
bonding. Id. at 38935–36.
On August 23, 2017, Respondents
filed a Petition for Reconsideration of
the Commission’s Determination of
Waiver as to Certain Issues Specified in
Respondents’ Petition for Review or,
Alternatively, Application of Waiver to
Issues Raised in Rovi’s Petition for
Review. On August 30, 2017, Rovi filed
a response thereto. The Commission has
determined to deny that petition.
On August 24, 2017, Rovi and
Respondents filed their written
submissions on the issues under review
and on remedy, public interest, and
bonding, and on August 31, 2017, the
parties filed their reply submissions.
Having examined the record in this
investigation, the Commission has
determined to affirm the Final ID’s
conclusion that Comcast has violated
section 337 in connection with the
asserted claims of the ’263 and ’413
patents.
The Commission has determined to
affirm the Final ID in part, affirm the
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Final ID with modifications in part,
reverse the Final ID in part, vacate the
Final ID in part, and take no position as
to certain issues under review. More
particularly, the Commission affirms the
Final ID’s determination that Comcast
imports the accused X1 set-top boxes
(‘‘STBs’’), and takes no position as to
whether Comcast is an importer of the
Legacy STBs. The Commission also
takes no position on as to whether
Comcast sells the accused products after
importation.
The Commission concludes that there
is no section 337 violation as to the
Legacy STBs. Regarding the X1 STBs,
the Commission affirms the Final ID’s
conclusion that Comcast’s customers
directly infringe the ’263 and ’413
patents. Thus, the Commission affirms
the Final ID’s conclusion that
complainant Rovi has established a
violation by Comcast as to those patents
and the X1 STBs.
The Commission also takes the
following actions. The Commission
vacates the Final ID’s conclusion that
Comcast’s two alternative designs
infringe the ’263 and ’413 patents and
instead concludes that those designs are
too hypothetical to adjudicate at this
time. The Commission modifies and
affirms the Final ID’s claim construction
of the claim term ‘‘cancel a function of
the second tuner to permit the second
tuner to perform the requested tuning
operation’’ in the ’512 patent and
affirms the Final ID’s infringement
determinations as to that patent. The
Commission modifies and affirms the
Final ID’s conclusion that the asserted
claims of the ’512 patent are invalid as
obvious. The Commission takes no
position as to whether the ARRIS-Rovi
Agreement provides a defense to the
allegations against ARRIS, and as to
whether Rovi established the economic
prong of the domestic industry
requirement based on patent licensing.
The Commission adopts the remainder
of the Final ID to the extent that it does
not conflict with the Commission’s
opinion or to the extent it is not
expressly addressed in the
Commission’s opinion.
Having found a violation of section
337 in this investigation by Comcast
with respect to the ’263 and ’413
patents, the Commission has
determined that the appropriate form of
relief is (1) a LEO, that subject to certain
exceptions provided therein, prohibits
the unlicensed entry of certain digital
video receivers and hardware and
software components thereof that
infringe one or more of claims 1, 2, 14,
and 17 of the ’263 patent and claims 1,
3, 5, 9, 10, 14, and 18 of the ’413 patent
that are manufactured by, or on behalf
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56269
of, or are imported by or on behalf of
Comcast or any of its affiliated
companies, parents, subsidiaries, agents,
or other related business entities, or
their successors or assigns; and (2)
CDOs that, subject to certain exceptions
provided therein, prohibit Comcast from
conducting any of the following
activities in the United States:
importing, selling, offering for sale,
leasing, offering for lease, renting,
offering for rent, marketing, advertising,
distributing, transferring (except for
exportation), and soliciting U.S. agents
or distributors for imported covered
products; and aiding or abetting other
entities in the importation, sale for
importation, sale after importation, lease
after importation, rent after importation,
transfer, or distribution of covered
products.
The Commission has also determined
that the public interest factors
enumerated in section 337(d) and (f) (19
U.S.C. 1337(d) and (f)) do not preclude
issuance of the LEO or CDOs. Finally,
the Commission has determined that the
excluded digital video receivers and
hardware and software components
thereof may be imported and sold in the
United States during the period of
Presidential review with the posting of
a bond in the amount of zero percent of
the entered value of the infringing goods
(i.e., no bond). The Commission’s orders
and opinion were delivered to the
President and to the United States Trade
Representative on the day of their
issuance.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: November 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017–25625 Filed 11–27–17; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Stipulation and Order Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
On November 20, 2017, the
Department of Justice lodged a proposed
Stipulation and Order with the United
States Bankruptcy Court for the
Southern District of New York in the
bankruptcy proceedings entitled In re
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56270
Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices
Hawker Beechcraft, Inc., et al., No. 12–
11873 (SMB) (lead case).
The United States filed a proof of
claim in the Chapter 11 bankruptcy case
of Hawker Beechcraft Corporation,
seeking, inter alia, the recovery of past
costs under the Comprehensive
Environmental Response, Compensation
and Liability Act, 42 U.S.C. 9601–9675
(‘‘CERCLA’’), incurred by the United
States responding to contamination at
the Tri-County Public Airport site
(‘‘TCPA Site’’) in Morris County,
Kansas. Under the proposed Stipulation
and Order, Hawker Beechcraft
Corporation and related and successor
entities (the ‘‘Hawker Parties’’) agree
that the United States will have an
allowed general unsecured claim of
$738,336.62 for response costs incurred
prior to the petition date, to be paid at
the rate provided in the confirmed
Chapter 11 plan of reorganization, and
further agree that any claim for costs
incurred on or after the petition date at
the TCPA Site and three other Kansas
sites (the Raytheon Aircraft Company
Main Facility in Wichita, Kansas;
Hangar 1 at Newton City-County
Municipal Airport near Newton, Kansas;
and Liberal Mid-America Regional
Airport in Liberal, Kansas) is not
discharged or impaired. Additionally,
the Hawker Parties agree that they will
comply with CERCLA administrative
orders relating to the TCPA Site. In
return, the United States covenants not
to sue the Hawker Parties under
CERCLA for any pre-petition response
costs at the four sites.
The publication of this notice opens
a period for public comment on the
Stipulation and Order. Comments
should be addressed to the Assistant
Attorney General, Environment and
Natural Resources Division, and should
refer to In re Hawker Beechcraft, Inc.,
D.J. Ref. No. 90–11–3–10751. 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.
ethrower on DSK3G9T082PROD with NOTICES
By mail .........
During the public comment period,
the Stipulation and Order may be
examined and downloaded at this
Justice Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
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19:51 Nov 27, 2017
Jkt 244001
Stipulation and Order upon written
request and payment of reproduction
costs. Please mail your request and
payment to: Consent Decree Library,
U.S. DOJ—ENRD, P.O. Box 7611,
Washington, DC 20044–7611.
Please enclose a check or money order
for $6.00 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Susan M. Akers,
Assistant Section Chief, Environment and
Natural Resources Division.
[FR Doc. 2017–25636 Filed 11–27–17; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0039]
Intertek Testing Services NA, Inc.:
Grant of Expansion of Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces its final decision to expand
the scope of recognition for Intertek
Testing Services NA, Inc., as a
Nationally Recognized Testing
Laboratory (NRTL).
DATES: The expansion of the scope of
recognition becomes effective on
November 28, 2017.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, 200 Constitution Avenue NW.,
Room N–3647, Washington, DC 20210;
telephone: (202) 693–1999; email:
meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW.,
Room N–3655, Washington, DC 20210;
telephone: (202) 693–2110; email:
robinson.kevin@dol.gov. OSHA’s Web
page includes information about the
NRTL Program (see https://
www.osha.gov/dts/otpca/nrtl/
index.html).
SUMMARY:
SUPPLEMENTARY INFORMATION:
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I. Notice of Final Decision
OSHA hereby gives notice of the
expansion of the scope of recognition of
Intertek Testing Services NA, Inc.
(ITSNA), as a NRTL. ITSNA’s expansion
covers the addition of seven test
standards to its scope of recognition.
OSHA recognition of a NRTL signifies
that the organization meets the
requirements specified by 29 CFR
1910.7. Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within its scope of recognition
and is not a delegation or grant of
government authority. As a result of
recognition, employers may use
products properly approved by the
NRTL to meet OSHA standards that
require testing and certification of the
products.
The Agency processes applications by
a NRTL for initial recognition, or for
expansion or renewal of this
recognition, following requirements in
Appendix A to 29 CFR 1910.7. This
appendix requires that the Agency
publish two notices in the Federal
Register in processing an application. In
the first notice, OSHA announces the
application and provides its preliminary
finding and, in the second notice, the
Agency provides its final decision on
the application. These notices set forth
the NRTL’s scope of recognition or
modifications of that scope. OSHA
maintains an informational Web page
for each NRTL that details its scope of
recognition. These pages are available
from the Agency’s Web site at https://
www.osha.gov/dts/otpca/nrtl/
index.html.
ITSNA submitted an application,
dated April 21, 2015, (OSHA–2007–
0039–0026) to expand its recognition to
include seven additional test standards.
OSHA staff conducted a detailed
analysis of the application packet and
reviewed other pertinent information.
OSHA did not perform any on-site
reviews in relation to this application.
OSHA published the preliminary
notice announcing ITSNA’s expansion
application in the Federal Register on
August 30, 2017 (82 FR 41292). The
Agency requested comments by
September 15, 2017, but it received no
comments in response to this notice.
OSHA now is proceeding with this final
notice to grant expansion of ITSNA’s
scope of recognition.
To obtain or review copies of all
public documents pertaining to ITSNA’s
application, go to www.regulations.gov
or contact the Docket Office,
Occupational Safety and Health
Administration, U.S. Department of
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]]>Agencies
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56269-56270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25636]
=======================================================================
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Stipulation and Order Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On November 20, 2017, the Department of Justice lodged a proposed
Stipulation and Order with the United States Bankruptcy Court for the
Southern District of New York in the bankruptcy proceedings entitled In
re
[[Page 56270]]
Hawker Beechcraft, Inc., et al., No. 12-11873 (SMB) (lead case).
The United States filed a proof of claim in the Chapter 11
bankruptcy case of Hawker Beechcraft Corporation, seeking, inter alia,
the recovery of past costs under the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9601-9675
(``CERCLA''), incurred by the United States responding to contamination
at the Tri-County Public Airport site (``TCPA Site'') in Morris County,
Kansas. Under the proposed Stipulation and Order, Hawker Beechcraft
Corporation and related and successor entities (the ``Hawker Parties'')
agree that the United States will have an allowed general unsecured
claim of $738,336.62 for response costs incurred prior to the petition
date, to be paid at the rate provided in the confirmed Chapter 11 plan
of reorganization, and further agree that any claim for costs incurred
on or after the petition date at the TCPA Site and three other Kansas
sites (the Raytheon Aircraft Company Main Facility in Wichita, Kansas;
Hangar 1 at Newton City-County Municipal Airport near Newton, Kansas;
and Liberal Mid-America Regional Airport in Liberal, Kansas) is not
discharged or impaired. Additionally, the Hawker Parties agree that
they will comply with CERCLA administrative orders relating to the TCPA
Site. In return, the United States covenants not to sue the Hawker
Parties under CERCLA for any pre-petition response costs at the four
sites.
The publication of this notice opens a period for public comment on
the Stipulation and Order. Comments should be addressed to the
Assistant Attorney General, Environment and Natural Resources Division,
and should refer to In re Hawker Beechcraft, Inc., D.J. Ref. No. 90-11-
3-10751. 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.
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Stipulation and Order may be
examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Stipulation and Order upon written request and payment of
reproduction costs. Please mail your request and payment to: Consent
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
Please enclose a check or money order for $6.00 (25 cents per page
reproduction cost) payable to the United States Treasury.
Susan M. Akers,
Assistant Section Chief, Environment and Natural Resources Division.
[FR Doc. 2017-25636 Filed 11-27-17; 8:45 am]
BILLING CODE 4410-15-P
