Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act, 24183 [2019-10941]
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Federal Register / Vol. 84, No. 101 / Friday, May 24, 2019 / Notices
accused products do not infringe the
asserted patents. On the same date,
Ninestar filed an unopposed motion for
leave to file a motion for summary
determination that its accused products
do not infringe the asserted patents. All
of the active respondents’ motions were
contingent on the ALJ construing the
asserted claims to require a pivotable
coupling member. Also, on the same
date, Canon moved for summary
determination of infringement with
respect to all of the respondents’
accused products, both active and
defaulting. Canon’s motion was
contingent on the ALJ construing the
asserted claims to require a coupling
member that does not need to pivot or
incline. On December 10, 2018, Canon
stated in its response to the two pending
summary determination motions that it
would not oppose the motions if the ALJ
construed the asserted claims to require
a pivotable coupling member. On the
same date, OUII filed a response
supporting all of the motions for
summary determination of noninfringement, including Ninestar’s
motion for leave to file its motion for
summary determination of noninfringement.
On February 28, 2019, the ALJ issued
her Markman Order (Order No. 38)
construing the asserted claims to require
a pivotable coupling member. On March
6, 2019, Ninestar moved, based on the
Markman Order’s claim construction,
for summary determination of noninfringement. On March 8, 2019, Canon
stated in its response to Ninestar’s
motion that it would not oppose the
motion based on the Markman Order.
On March 13, 2019, the ALJ issued
the subject ID (Order No. 40) granting
each motion for summary determination
of non-infringement. In the subject ID,
the ALJ also denied Canon’s motion for
summary determination of infringement
as moot. On March 25, 2019, Canon and
the Active Respondents each petitioned
for review of the subject ID. On April 1,
2019, Canon and the Active
Respondents each filed a response in
opposition to the other party’s petition
for review. On the same date, OUII filed
a response in opposition to each
petition for review.
On May 6, 2019, the Commission
determined to review the ID and the
underlying Markman Order in their
entirety and requested the parties to
respond to certain questions concerning
the issues under review. On May 14,
2019, Canon filed its written submission
in response to the Commission
questions. Canon stated that it does not
seek relief against the defaulting
respondents unless the Markman
VerDate Sep<11>2014
18:10 May 23, 2019
Jkt 247001
Order’s construction requiring a
pivotable coupling member is modified.
Having reviewed the record of the
investigation, including Order No. 40
and the Markman Order, the parties’
briefing, and Canon’s response, the
Commission has determined to affirm
the subject ID. Accordingly, the
Commission finds no violation of
section 337. The investigation is
terminated.
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.
24183
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States of America v. BKF Capital
Group, Inc., D.J. Ref. No. 90–11–3–
11242. 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.
By order of the Commission.
Issued: May 20, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
By mail .........
[FR Doc. 2019–10848 Filed 5–23–19; 8:45 am]
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department website: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
Consent Decree 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 $4.75 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy
without the appendix and signature
pages, the cost is $3.00.
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
On May 17, 2019, the Department of
Justice lodged a proposed Consent
Decree with the United States District
Court for the Middle District of Florida
in the lawsuit entitled United States of
America v. BKF Capital Group, Inc.,
Civil Action No. 8:18–cv–01863–VMC–
TGW.
The Consent Decree resolves the
United States’ claims set forth in its
complaint against BKF Capital Group,
Inc. (‘‘Defendant’’) for cost recovery
under Section 107 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (‘‘CERCLA’’) relating to the release
or threatened release of hazardous
substances into the environment at
Cattle Dipping Vat A (Site No. OT–59A)
in Polk County, Florida, and Cattle
Dipping Vats C and D (Site Nos. OT–
59C and OT–59D) in Highlands County,
Florida (together, the ‘‘Vat Sites’’)
within the Avon Park Air Force Range
(‘‘APAFR’’). Under the terms of the
proposed consent decree, Defendant
will reimburse $725,000 of the costs
incurred by the United States Air Force
in connection with response actions at
the Vat Sites. In return, the United
States agrees not to sue or take
administrative action against Defendant
under Section 107(a) or Section 113 of
CERCLA with regard to the Vat Sites.
PO 00000
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Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2019–10941 Filed 5–23–19; 8:45 am]
BILLING CODE 4410–15–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Office of Government Information
Services
[NARA–2019–023]
Freedom of Information Act (FOIA)
Advisory Committee Meeting
Office of Government
Information Services (OGIS), National
Archives and Records Administration
(NARA).
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
We are announcing an
upcoming Freedom of Information Act
SUMMARY:
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[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Page 24183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10941]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the
Comprehensive Environmental Response, Compensation, and Liability Act
On May 17, 2019, the Department of Justice lodged a proposed
Consent Decree with the United States District Court for the Middle
District of Florida in the lawsuit entitled United States of America v.
BKF Capital Group, Inc., Civil Action No. 8:18-cv-01863-VMC-TGW.
The Consent Decree resolves the United States' claims set forth in
its complaint against BKF Capital Group, Inc. (``Defendant'') for cost
recovery under Section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act (``CERCLA'') relating to the release or
threatened release of hazardous substances into the environment at
Cattle Dipping Vat A (Site No. OT-59A) in Polk County, Florida, and
Cattle Dipping Vats C and D (Site Nos. OT-59C and OT-59D) in Highlands
County, Florida (together, the ``Vat Sites'') within the Avon Park Air
Force Range (``APAFR''). Under the terms of the proposed consent
decree, Defendant will reimburse $725,000 of the costs incurred by the
United States Air Force in connection with response actions at the Vat
Sites. In return, the United States agrees not to sue or take
administrative action against Defendant under Section 107(a) or Section
113 of CERCLA with regard to the Vat Sites.
The publication of this notice opens a period for public comment on
the Consent Decree. Comments should be addressed to the Assistant
Attorney General, Environment and Natural Resources Division, and
should refer to United States of America v. BKF Capital Group, Inc.,
D.J. Ref. No. 90-11-3-11242. 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............................ [email protected].
By mail............................. Assistant Attorney General, U.S.
DOJ--ENRD, P.O. Box 7611,
Washington, DC 20044-7611.
------------------------------------------------------------------------
During the public comment period, the Consent Decree may be
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of
the Consent Decree 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 $4.75 (25 cents per page
reproduction cost) payable to the United States Treasury. For a paper
copy without the appendix and signature pages, the cost is $3.00.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2019-10941 Filed 5-23-19; 8:45 am]
BILLING CODE 4410-15-P
