Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same; Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Extension of Target Date, 17565-17566 [2018-08265]

Download as PDF Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Lesli Ellis-Wouters, Communications Director, BLM Alaska State Office, 222 W. 7th Avenue #13, Anchorage, AK 99513; lellis@blm.gov; 907–271–4418. People who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1–800– 877–8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: The 15member BLM Alaska RAC was chartered to provide advice to the BLM and the Secretary of the Interior on a variety of planning and management issues associated with public land management in Alaska. All advisory council meetings are open to the public. The agenda will include updates on the National Petroleum Reserve in Alaska (NPR–A), the Greater Mooses Tooth Unit 2 project and proposed Willow Development. There will be updates on current BLM Alaska planning efforts, such as the Road to Ambler Mining District Environmental Impact Statement and the Bering SeaWestern Interior and Central Yukon Resource Management Plans. Four BLM Alaska RAC subcommittees including Placer Mining, Recreation, Alaska Native Claims Settlement Act, and Areas of Critical Environmental Concern will give their reports. A focus on cooperative management will explore partnership opportunities for the BLM with the State of Alaska, other Federal agencies, local and Tribal governments, and nongovernmental organizations. A session on Alaska subsistence will include Federal and State responsibilities for the Federal Subsistence Management Program. Ahtna, Inc., one of the 13 Alaska Native Regional Corporations established under the Alaska Native Claims Settlement Act, will give a presentation about cooperative subsistence management and effective collaboration between the native corporations and Federal and State agencies. The RAC will hear Intertribal Coalition presentations from the Tanana Chiefs Conference, Kuskokwim Fish Intertribal Commission, and Ahtna Intertribal Resource Commission. Presentations on BLM Alaska’s conservation science partnerships will explore Landscape Conservation Cooperatives (LCCs), including the Northwest Boreal LCC, Western Alaska LCC, Arctic LCC, and Aleutian Bering Sea Islands LCC. VerDate Sep<11>2014 17:44 Apr 19, 2018 Jkt 244001 During the public comment period, depending upon the number of people wishing to comment, time for individual oral comments may be limited. Please be prepared to submit written comments. If you have information to distribute to the RAC, please do so prior to the start of the meeting. You can submit written comments by email to BLM_AK_Communications@ blm.gov. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware 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 your personal identifying information from public review, we cannot guarantee that we will be able to do so. Authority: 43 CFR 1784.4–2. Karen E. Mouritsen, Acting State Director, Alaska. [FR Doc. 2018–08300 Filed 4–19–18; 8:45 am] BILLING CODE 4310–JA–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1031] Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same; Notice of Commission Determination To Review in Part a Final Initial Determination Finding a Violation of Section 337; Extension of Target Date U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (the ‘‘Commission’’) has determined to review in part the final initial determination (the ‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) on February 15, 2018, finding a violation of section 337 of the Tariff Act of 1930, as amended, in connection with certain asserted patents. The Commission has also determined to extend the target date for the completion of this investigation from June 18, 2018, to June 25, 2018. FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202–205–3427. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during SUMMARY: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 17565 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, telephone 202–205–1810. SUPPLEMENTARY INFORMATION: On December 5, 2016, the Commission instituted this investigation based on a complaint filed by DSM Desotech, Inc. of Elgin, IL; and DSM IP Assets B.V. of Heerlen, Netherlands (collectively, ‘‘DSM’’ or ‘‘Complainants’’). 81 FR 87588–89 (Dec. 5, 2016). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), based upon the importation into the United States, the sale for importation, or the sale within the United States after importation of certain UV curable coatings for optical fibers, coated optical fibers, and products containing same by reason of infringement of one or more of claims 1–8, 10–15, and 18–22 of U.S. Patent No. 6,961,508 (‘‘the ’508 patent’’); claims 1–10 and 13–15 of U.S. Patent No. 7,171,103 (‘‘the ’103 patent’’); claims 2–4, 9, 11–12, and 15 of U.S. Patent No. 7,067,564 (‘‘the ’564 patent’’); and claims 1–3, 9, 12, 16–18, 21, and 30 of U.S. Patent No. 7,706,659 (‘‘the ’659 patent’’). Id. The Commission’s Notice of Investigation named as respondents Momentive UV Coatings (Shanghai) Co., Ltd. of Shanghai, China (‘‘MUV’’); and OFS Fitel, LLC of Norcross, Georgia (‘‘OFS’’) (collectively, ‘‘Respondents’’). Id. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party in this investigation. Id. Prior to the evidentiary hearing, DSM withdrew its allegations as to certain patent claims. See Order 12 (Apr. 12, 2017), unreviewed, Notice of Commission Determination Not to Review an Initial Determination Granting Complainants’ Unopposed Motion to Terminate this Investigation with respect to One Patent Claim (May 11, 2017); Order 50 (Aug. 25, 2017), unreviewed, Notice of Commission Determination Not to Review An Initial Determination Withdrawing from the Complaint Certain Allegations Regarding U.S. Patent No. 7,067,564 (Sept. 15, 2017). DSM proceeded at the evidentiary hearing on the following E:\FR\FM\20APN1.SGM 20APN1 sradovich on DSK3GMQ082PROD with NOTICES 17566 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Notices patents and claims: Claims 1–8, 11–15, 18–19, 20–21, and 22 of the ’508 patent; claims 1–10 and 13–15 of the ’103 patent; and claims 1–3, 9, 12, 16–18, 21, and 30 of the ’659 patent. On February 15, 2018, the ALJ issued the ID, which finds only MUV in violation of section 337, and only as to the ’508 and ’103 patents. The ALJ recommended that the Commission issue a limited exclusion order directed to MUV’s infringing products. The ALJ also recommended a bond of forty percent of entered value during the Presidential review period. See 19 U.S.C. 1337(j)(3). On February 27–28, 2018, OUII, DSM, MUV, and OFS filed petitions for review of the ID, and on March 7–8, 2018, the parties filed responses to the petitions. On March 19, 2018, the private parties filed statements on the public interest. The Commission also received comments on the public interest from members of the public. Having examined the record in this investigation, including the ID, the petitions for review, and the responses thereto, the Commission has determined to review the ID in part. In particular, the Commission has determined to review the following: (1) Whether respondent OFS imports respondent MUV’s accused KS1–043/ 048 coating. (2) Whether claim 30 of ’659 patent is invalid for lack of written description. (3) Whether claims 1–8, 11, 15, and 18–19 of the ’508 patent are invalid for lack of written description and enablement. (4) Whether claim 21 of the ’508 patent and claims 1–10 and 13–15 of the ’103 patent are invalid for lack of written description and enablement. (5) Whether the accused products infringe the ’508, ’103, and ’659 patents. (6) Whether the technical and economic prongs of the domestic industry requirement have been met for the ’508, ’103, and ’659 patents. The Commission has determined to not review the remainder of the ID. The Commission does not request any briefing at this time. This action is taken under the authority of 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). DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR Notice of Lodging of Proposed Consent Decree Office of the Secretary By order of the Commission. Issued: April 16, 2018. Katherine Hiner, Supervisory Attorney. BILLING CODE 4410–15–P In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given that a proposed Consent Decree in United States v. James Bult, Case No. 1:17–cv–04574, was lodged with the United States District Court for the Northern District of Illinois, Eastern Division on April 10, 2018. This proposed Consent Decree concerns a complaint filed by the United States against Defendant Mr. James Bult, pursuant to 33 U.S.C. 1311(a), 1319(b) and 1319(d), to obtain injunctive relief from and impose civil penalties against the Defendant for violating the Clean Water Act by discharging pollutants without a permit into waters of the United States. The proposed Consent Decree resolves these allegations by requiring the Defendant to restore the impacted areas, perform mitigation, and pay a civil penalty. The Department of Justice will accept written comments relating to this proposed Consent Decree for thirty (30) days from the date of publication of this Notice. Please address comments to Mr. Kurt N. Lindland, Assistant United States Attorney for the United States Attorney’s Office, Northern District of Illinois, and Mr. Scott A. Schachter, Assistant Section Chief for the United States Department of Justice, Environment and Natural Resources Division, Environmental Defense Section, Post Office Box 7611, Washington, DC 20044, and refer to United States v. James Bult, DJ #90–5– 1–1–21133. The proposed Consent Decree may be examined at the Clerk’s Office, United States District Court for the Northern District of Illinois, Eastern Division, 219 South Dearborn Street, Chicago, IL 60604. In addition, the proposed Consent Decree may be examined electronically at http://www.justice.gov/ enrd/consent-decrees. Cherie Rogers, Assistant Section Chief, Environmental Defense Section, Environment and Natural Resources Division. [FR Doc. 2018–08241 Filed 4–19–18; 8:45 am] [FR Doc. 2018–08265 Filed 4–19–18; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:44 Apr 19, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 Agency Information Collection Activities; Submission for OMB Review; Comment Request; Family and Medical Leave Act of 1993, as Amended Notice of availability; request for comments. ACTION: The Department of Labor (DOL) is submitting the Wage and Hour Division (WHD) sponsored information collection request (ICR) titled, ‘‘Family and Medical Leave Act of 1993, As Amended,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before May 21, 2018. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at http:// www.reginfo.gov/public/do/PRAView ICR?ref_nbr=201711-1235-001 (this link will only become active on the day following publication of this notice) or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064, (these are not toll-free numbers) or by email at DOL_PRA_ PUBLIC@dol.gov. Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–WHD, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202–395–5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor-OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064, (these are not toll-free numbers) or by email at DOL_ PRA_PUBLIC@dol.gov. SUMMARY: E:\FR\FM\20APN1.SGM 20APN1

Agencies

[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17565-17566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08265]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1031]


Certain UV Curable Coatings for Optical Fibers, Coated Optical 
Fibers, and Products Containing Same; Notice of Commission 
Determination To Review in Part a Final Initial Determination Finding a 
Violation of Section 337; Extension of Target Date

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined to review in part the 
final initial determination (the ``ID'') issued by the presiding 
administrative law judge (``ALJ'') on February 15, 2018, finding a 
violation of section 337 of the Tariff Act of 1930, as amended, in 
connection with certain asserted patents. The Commission has also 
determined to extend the target date for the completion of this 
investigation from June 18, 2018, to June 25, 2018.

FOR FURTHER INFORMATION CONTACT: Ron Traud, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3427. 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, telephone 202-205-1810.

SUPPLEMENTARY INFORMATION: On December 5, 2016, the Commission 
instituted this investigation based on a complaint filed by DSM 
Desotech, Inc. of Elgin, IL; and DSM IP Assets B.V. of Heerlen, 
Netherlands (collectively, ``DSM'' or ``Complainants''). 81 FR 87588-89 
(Dec. 5, 2016). The complaint alleges violations of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), based 
upon the importation into the United States, the sale for importation, 
or the sale within the United States after importation of certain UV 
curable coatings for optical fibers, coated optical fibers, and 
products containing same by reason of infringement of one or more of 
claims 1-8, 10-15, and 18-22 of U.S. Patent No. 6,961,508 (``the '508 
patent''); claims 1-10 and 13-15 of U.S. Patent No. 7,171,103 (``the 
'103 patent''); claims 2-4, 9, 11-12, and 15 of U.S. Patent No. 
7,067,564 (``the '564 patent''); and claims 1-3, 9, 12, 16-18, 21, and 
30 of U.S. Patent No. 7,706,659 (``the '659 patent''). Id. The 
Commission's Notice of Investigation named as respondents Momentive UV 
Coatings (Shanghai) Co., Ltd. of Shanghai, China (``MUV''); and OFS 
Fitel, LLC of Norcross, Georgia (``OFS'') (collectively, 
``Respondents''). Id. The Office of Unfair Import Investigations 
(``OUII'') was also named as a party in this investigation. Id.
    Prior to the evidentiary hearing, DSM withdrew its allegations as 
to certain patent claims. See Order 12 (Apr. 12, 2017), unreviewed, 
Notice of Commission Determination Not to Review an Initial 
Determination Granting Complainants' Unopposed Motion to Terminate this 
Investigation with respect to One Patent Claim (May 11, 2017); Order 50 
(Aug. 25, 2017), unreviewed, Notice of Commission Determination Not to 
Review An Initial Determination Withdrawing from the Complaint Certain 
Allegations Regarding U.S. Patent No. 7,067,564 (Sept. 15, 2017). DSM 
proceeded at the evidentiary hearing on the following

[[Page 17566]]

patents and claims: Claims 1-8, 11-15, 18-19, 20-21, and 22 of the '508 
patent; claims 1-10 and 13-15 of the '103 patent; and claims 1-3, 9, 
12, 16-18, 21, and 30 of the '659 patent.
    On February 15, 2018, the ALJ issued the ID, which finds only MUV 
in violation of section 337, and only as to the '508 and '103 patents. 
The ALJ recommended that the Commission issue a limited exclusion order 
directed to MUV's infringing products. The ALJ also recommended a bond 
of forty percent of entered value during the Presidential review 
period. See 19 U.S.C. 1337(j)(3).
    On February 27-28, 2018, OUII, DSM, MUV, and OFS filed petitions 
for review of the ID, and on March 7-8, 2018, the parties filed 
responses to the petitions. On March 19, 2018, the private parties 
filed statements on the public interest. The Commission also received 
comments on the public interest from members of the public.
    Having examined the record in this investigation, including the ID, 
the petitions for review, and the responses thereto, the Commission has 
determined to review the ID in part. In particular, the Commission has 
determined to review the following:
    (1) Whether respondent OFS imports respondent MUV's accused KS1-
043/048 coating.
    (2) Whether claim 30 of '659 patent is invalid for lack of written 
description.
    (3) Whether claims 1-8, 11, 15, and 18-19 of the '508 patent are 
invalid for lack of written description and enablement.
    (4) Whether claim 21 of the '508 patent and claims 1-10 and 13-15 
of the '103 patent are invalid for lack of written description and 
enablement.
    (5) Whether the accused products infringe the '508, '103, and '659 
patents.
    (6) Whether the technical and economic prongs of the domestic 
industry requirement have been met for the '508, '103, and '659 
patents.
    The Commission has determined to not review the remainder of the 
ID. The Commission does not request any briefing at this time.
    This action is taken under the authority of 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: April 16, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-08265 Filed 4-19-18; 8:45 am]
BILLING CODE 7020-02-P