Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same; Notice of the Commission's Final Determination Finding No Violation of Section 337; Termination of Investigation, 22287-22288 [2018-10164]

Download as PDF Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices Overview of This Information Collection (1) Type of Information Collection: Extension, Without Change, of a Currently Approved Collection. (2) Title of the Form/Collection: Application for Relief under Former Section 212(c) of the Immigration and Nationality Act. (3) Agency form number, if any, and the applicable component of the DHS sponsoring the collection: I–191; USCIS. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households. USCIS and EOIR use the information on the form to properly assess and determine whether the applicant is eligible for a waiver under former section 212(c) of INA. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents for the information collection I–191 is 240 and the estimated hour burden per response is 1.5 hours. (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual hour burden associated with this collection is 360 hours. (7) An estimate of the total public burden (in cost) associated with the collection: The estimated total annual cost burden associated with this collection of information is $30,300. Dated: May 8, 2018. Samantha L. Deshommes, Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security. [FR Doc. 2018–10173 Filed 5–11–18; 8:45 am] BILLING CODE 9111–97–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCO956000 L14400000.BJ0000 18X] Notice of Filing of Plats of Survey, Colorado Bureau of Land Management, Interior. ACTION: Notice of official filing. amozie on DSK3GDR082PROD with NOTICES AGENCY: The plats of survey of the following described lands are scheduled to be officially filed in the Bureau of Land Management (BLM), Colorado State Office, Lakewood, Colorado, 30 calendar days from the date of this publication. The surveys, which were executed at the request of the BLM, are SUMMARY: VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 necessary for the management of these lands. DATES: Unless there are protests of this action, the plats described in this notice will be filed on June 13, 2018. ADDRESSES: You may submit written protests to the BLM Colorado State Office, Cadastral Survey, 2850 Youngfield Street, Lakewood, CO 80215–7093. FOR FURTHER INFORMATION CONTACT: Randy Bloom, Chief Cadastral Surveyor for Colorado, (303) 239–3856; rbloom@ blm.gov. Persons who use a telecommunications device for the deaf may call the Federal Relay Service at 1–800–877–8339 to contact the above individual during normal business hours. The Service 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 plat and field notes of the dependent resurvey in Township 9 South, Range 81 West, Sixth Principal Meridian, Colorado, were accepted on April 2, 2018. The plat, in 2 sheets, incorporating the field notes of the dependent resurvey and survey in Township 48 North, Range 2 West, New Mexico Principal Meridian, Colorado, was accepted on April 26, 2018. A person or party who wishes to protest any of the above surveys must file a written notice of protest within 30 calendar days from the date of this publication at the address listed in the ADDRESSES section of this notice. A statement of reasons for the protest may be filed with the notice of protest and must be filed within 30 calendar days after the protest is filed. If a protest against the survey is received prior to the date of official filing, the filing will be stayed pending consideration of the protest. A plat will not be officially filed until the day after all protests have been dismissed or otherwise resolved. Before including your address, phone number, email address, or other personal identifying information in your protest, please be aware that your entire protest, 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 U.S.C. Chap. 3. Randy A. Bloom, Chief Cadastral Surveyor. [FR Doc. 2018–10210 Filed 5–11–18; 8:45 am] BILLING CODE 4310–JB–P PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 22287 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1031] Certain UV Curable Coatings for Optical Fibers, Coated Optical Fibers, and Products Containing Same; Notice of the Commission’s Final Determination Finding No Violation of Section 337; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (the ‘‘Commission’’) has determined, upon review of the final initial determination (the ‘‘ID’’), that the complainants have not shown a violation of the Tariff Act of 1930, as amended, in connection with the asserted patents. This investigation is terminated. SUMMARY: 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’’). 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 FOR FURTHER INFORMATION CONTACT: E:\FR\FM\14MYN1.SGM 14MYN1 amozie on DSK3GDR082PROD with NOTICES 22288 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 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; 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 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 presiding administrative law judge (‘‘ALJ’’) issued the ID, which finds only MUV in violation of section 337, and only as to the ’508 and ’103 patents. 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. On April 16, 2018, after considering the parties’ petitions and responses thereto, the Commission determined to review the following issues: (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 VerDate Sep<11>2014 18:02 May 11, 2018 Jkt 244001 ’103 patent are invalid for lack of written description and enablement. DEPARTMENT OF JUSTICE (5) Whether the accused products infringe the ’508, ’103, and ’659 patents. Antitrust Division (6) Whether the technical and economic prongs of the domestic industry requirement have been met for the ’508, ’103, and ’659 patents. The Commission had determined to not review the remainder of the ID and did not request any briefing. On review, the Commission has now determined that DSM has not shown that Respondents have violated section 337. As to the issues under review and as explained more fully in the related Commission Opinion, the Commission has determined to affirm with modifications in part, reverse in part, and take no position as to certain issues under review. More particularly, the Commission has determined to affirm with modified reasoning the ID’s conclusion that claims 1–8, 11, 15, and 18–19 of the ’508 patent are invalid for lack of written description. The Commission has also determined to supplement the ID’s reasoning as to its conclusion that claim 30 of the ’659 patent is invalid for lack of written description. The Commission has further determined to reverse the ID’s conclusion that claim 21 of the ’508 patent and claims 1–10 and 13–15 of the ’103 patent are not invalid for lack of written description. The Commission has additionally determined to modify the ID to include a finding that respondent OFS imports respondent MUV’s accused KS1–043/048 coating. Finally, the Commission has determined not to take a position as to whether claims 1–8, 11, 15, 18–19, and 21 of the ’508 patent and claims 1–10 and 13–15 of the ’103 patent are invalid for lack of enablement; whether the accused products infringe the ’508, ’103, and ’659 patents; and whether the technical and economic prongs of the domestic industry requirement have been met for those patents. 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: May 8, 2018. Lisa Barton, Secretary to the Commission. [FR Doc. 2018–10164 Filed 5–11–18; 8:45 am] Notice Pursuant to the National Cooperative Research and Production Act of 1993—ODVA, INC. Notice is hereby given that, on April 23, 2018, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), ODVA, Inc. (‘‘ODVA’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Ingersoll-Rand Company, Davidson, NC; Erhardt+Leimer GmbH, Stadtbergen, GERMANY; Dalian SeaSky Automation Co., Ltd., Dalian Liaoning, PEOPLE’S REPUBLIC OF CHINA; CIMON, Gyeonggi-do, REPUBLIC OF KOREA; SYNTEC TECHNOLOGY CO., LTD., Hsinchu City, TAIWAN; and ASA–RT s.r.l., Torino, ITALY, have been added as parties to this venture. Also, Bedrock Automation, Canton, MA; Criterion NDT, Auburn, WA; Hermany Opto Electronics Inc., Coquitlam, CANADA; Alfa Laval LKM as, Kolding, DENMARK; Pico and Tera, Suwon-si, REPUBLIC OF KOREA; and SWAC Automation Consult GmbH, Oberhaching, GERMANY, have withdrawn as parties to this venture. In addition, Dynatronix has changed its name to ProTec Dynatronix LLC dba Dynatronix, Amery, WI; and Microscan Systems, Inc. to Omron Microscan Systems, Inc., Renton, WA. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and ODVA intends to file additional written notifications disclosing all changes in membership. On June 21, 1995, ODVA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on February 15, 1996 (61 FR 6039). The last notification was filed with the Department on January 29, 2018. A notice was published in the Federal BILLING CODE 7020–02–P PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\14MYN1.SGM 14MYN1

Agencies

[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22287-22288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10164]


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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 the Commission's Final 
Determination Finding No Violation of Section 337; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined, upon review of the 
final initial determination (the ``ID''), that the complainants have 
not shown a violation of the Tariff Act of 1930, as amended, in 
connection with the asserted patents. This investigation is terminated.

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''). 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

[[Page 22288]]

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; 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 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 presiding administrative law judge 
(``ALJ'') issued the ID, which finds only MUV in violation of section 
337, and only as to the '508 and '103 patents. 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.
    On April 16, 2018, after considering the parties' petitions and 
responses thereto, the Commission determined to review the following 
issues:
    (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 had determined to not review the remainder of the ID 
and did not request any briefing.
    On review, the Commission has now determined that DSM has not shown 
that Respondents have violated section 337. As to the issues under 
review and as explained more fully in the related Commission Opinion, 
the Commission has determined to affirm with modifications in part, 
reverse in part, and take no position as to certain issues under 
review. More particularly, the Commission has determined to affirm with 
modified reasoning the ID's conclusion that claims 1-8, 11, 15, and 18-
19 of the '508 patent are invalid for lack of written description. The 
Commission has also determined to supplement the ID's reasoning as to 
its conclusion that claim 30 of the '659 patent is invalid for lack of 
written description. The Commission has further determined to reverse 
the ID's conclusion that claim 21 of the '508 patent and claims 1-10 
and 13-15 of the '103 patent are not invalid for lack of written 
description. The Commission has additionally determined to modify the 
ID to include a finding that respondent OFS imports respondent MUV's 
accused KS1-043/048 coating. Finally, the Commission has determined not 
to take a position as to whether claims 1-8, 11, 15, 18-19, and 21 of 
the '508 patent and claims 1-10 and 13-15 of the '103 patent are 
invalid for lack of enablement; whether the accused products infringe 
the '508, '103, and '659 patents; and whether the technical and 
economic prongs of the domestic industry requirement have been met for 
those patents.
    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: May 8, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018-10164 Filed 5-11-18; 8:45 am]
 BILLING CODE 7020-02-P