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]
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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:
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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]
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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:
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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
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’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
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[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.
-----------------------------------------------------------------------
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
