Certain Magnetic Data Storage Tapes and Cartridges Containing Same (II); Notice of Commission Determination To Rescind the Remedial Orders Issued in the Above-Captioned Investigation, 43158-43159 [2019-17864]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES 43158 Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Notices The meditation paths will provide a natural environment, enhanced by dispersed seating and desert landscape screening. This area may also be used for outdoor education such as plant identification or interpretation. The play area and meditation paths are planned for day use activities. Additional information pertaining to this publication, plan of development, and site plan is located in casefile N–95930, which is available for review at the BLM Las Vegas Field Office at the above address. The lands are not needed for any Federal purposes, and do not provide access to federal lands used for recreation. Lease or conveyance of the lands for recreational or public purposes use is consistent with the BLM Las Vegas Resource Management Plan dated October 5, 1998, and would be in the public interest. The Calvary Chapel has not applied for more than the 6,400– acre limitation for recreation uses in a year, nor more than 640 acres for each of the programs involving public resources other than recreation. All interested parties will receive a copy of this notice once it is published in the Federal Register. A copy of the Notice with information about this realty action will publish in the newspaper of local circulation once a week for three consecutive weeks. The regulations at 43 CFR 2741 addressing requirements and procedures for conveyances under the R&PP Act do not require a public meeting. Upon publication of the Notice in the Federal Register, the lands will be segregated from all other forms of appropriation under public lands laws, except for the lease or conveyance under the R&PP Act and leasing under the mineral leasing laws. The segregation effect shall terminate upon issuance of the lease, upon final rejection of the application, or 18 months from the date of this notice, whichever occurs first. The lease or conveyance of the land, when issued, will be subject to the following terms, conditions, and reservations: 1. A right-of-way thereon for ditches and canals constructed by the authority of the United States Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945). 2. Provisions of the R&PP Act and to all applicable regulations of the Secretary of the Interior. 3. All mineral deposits in the land so patented, and the right to prospect for, mine, and remove such deposits from the same under applicable law and regulations as established by the Secretary of the Interior are reserved to VerDate Sep<11>2014 20:49 Aug 19, 2019 Jkt 247001 the United States, together with all necessary access and exit rights. 4. Lease or conveyance of the parcel is subject to valid existing rights. 5. An appropriate indemnification clause protecting the United States from claims arising out of the lessee’s/ patentee’s use, occupancy, or occupations on the leased/patented lands. 6. Any other reservations that the authorized officer determines appropriate to ensure public access and proper management of Federal lands and interests therein. Any lease and conveyance will also contain any terms or conditions required by law (including, but not limited to, any terms or conditions required by 43 CFR 2741.4), and will contain an appropriate indemnification clause protecting the United States from claims arising out of the lessee’s/ patentee’s use, occupancy, or operations on the leased/patented lands. It will also contain any other terms and conditions deemed necessary and appropriate by the Authorized Officer. Interested persons may submit comments involving the suitability of the land for development of a church and K–12 school in the City of Henderson. Comments on the classification are restricted to whether the land is physically suited for the proposal, whether the use will maximize the future use or uses of the land, whether the use is consistent with local planning and zoning, or if the use is consistent with state and Federal programs. Interested parties may submit comments regarding the specific use proposed in the application, plan of development and management, and whether the BLM followed proper administrative procedures in reaching the decision to lease and convey under the R&PP Act. Before including your address, phone number, email address, or other personally identifiable information in any comment, be aware that your entire comment including your personally identifiable information may be made publicly available at any time. While you can ask the BLM in your comment to withhold your personally identifiable information from public review, we cannot guarantee that we will be able to do so. Only written comments submitted to the Assistant Field Manager, Division of Lands, BLM Las Vegas Field Office, will be considered properly filed. Any adverse comments will be reviewed by the BLM Nevada State Director or other authorized official of the Department of PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 the Interior, who may sustain, vacate, or modify this realty action. In the absence of any adverse comments, the decision will become effective on October 21, 2019. The lands will not be available for lease and conveyance until after the decision becomes effective. Authority: 43 CFR 2741.5 Shonna Dooman, Field Manager, Las Vegas Field Office. [FR Doc. 2019–17902 Filed 8–19–19; 8:45 am] BILLING CODE 4310–HC–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1076] Certain Magnetic Data Storage Tapes and Cartridges Containing Same (II); Notice of Commission Determination To Rescind the Remedial Orders Issued in the Above-Captioned Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined to rescind the limited exclusion order and cease and desist orders issued in the above-captioned investigation due to a settlement agreement and patent cross-license. FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2382. 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 (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s Electronic Docket Information System (‘‘EDIS’’) (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: The Commission instituted this investigation on October 25, 2017, based on a E:\FR\FM\20AUN1.SGM 20AUN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 161 / Tuesday, August 20, 2019 / Notices complaint filed by FUJIFILM Corporation of Tokyo, Japan and FUJIFILM Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively, ‘‘Fujifilm’’). 82 FR 49421 (Oct. 25, 2017). The complaint alleged violations of 19 U.S.C. 1337 (‘‘Section 337’’) through the importation into the United States, sale for importation, or sale in the United States after importation of certain magnetic data storage tapes and cartridges that infringe one or more of the asserted claims of U.S. Patent Nos. 6,630,256 (‘‘the ′256 patent’’), 6,835,451 (‘‘the ′451 patent’’), 7,011,899 (‘‘the ′899 patent’’), 6,462,905 (‘‘the ′905 patent’’), and 6,783,094 (‘‘the ′094 patent’’). Id. The ′094 patent was later withdrawn and terminated from the investigation. See Order No. 11 (Mar. 19, 2018), not rev’d, Comm’n Notice (Apr. 17, 2018). The notice of investigation named Sony Corporation of Tokyo, Japan; Sony Storage Media Solutions Corporation of Tokyo, Japan; Sony Storage Media Manufacturing Corporation of Miyagi, Japan; Sony DADC US Inc. of Terre Haute, Indiana; and Sony Latin America Inc. of Miami, Florida (collectively, ‘‘Sony’’) as respondents. 82 FR at 49421–22. The Office of Unfair Import Investigations (‘‘OUII’’) was also named a party to the investigation. Id. The presiding administrative law judge (‘‘ALJ’’) held an evidentiary hearing on June 25–29, 2018, and issued his final initial determination (‘‘ID’’) and recommended determination (‘‘RD’’) on October 25, 2018. The ID finds that Sony violated Section 337 with respect to the ′256 and ′899 patents but not the ′905 or ′451 patents. The RD recommends that the Commission issue a limited exclusion order and cease and desist orders accordingly. The Commission determined to review the subject ID in part. 84 FR 10532 (Mar. 21, 2019). On June 6, 2019, the Commission issued its final determination, in which it concluded that Sony violated Section 337 by infringing the ′256 and ′899 patents and issued a limited exclusion order and cease and desist orders accordingly. Comm’n Op. (June 6, 2019); 84 FR 27358 (June 12, 2019). On July 25, 2019, Fujifilm and Sony filed a Joint Petition of Complainants and Respondents to Rescind Limited Exclusion Order and Cease and Desist Orders in the above-referenced investigation. The parties assert that rescission is warranted due to a settlement agreement and patent crosslicense, pursuant to 19 U.S.C. 1337(k) and 19 CFR 210.76(a). On August 5, 2019, OUII filed a response in support of the joint petition and rescission of the VerDate Sep<11>2014 20:49 Aug 19, 2019 Jkt 247001 remedial orders in the above-captioned investigation. Upon review of the parties’ submissions, the Commission has determined to grant the subject joint petition and rescind the limited exclusion order and cease and desist orders issued in this investigation. The Commission finds that the settlement fully resolves the dispute between the parties concerning the subject matter of the investigation. The Commission also finds that the joint petition complies with the requirements of Commission Rule 210.76, 19 CFR 210.76. 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: August 14, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–17864 Filed 8–19–19; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1121] Certain Earpiece Devices and Components Thereof; Commission Determination To Review In Part an Initial Determination Granting In Part a Motion for Summary Determination of a Section 337 Violation; Schedule for Filing Written Submissions U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 16) granting in part a summary determination on violation of section 337 by certain defaulting and non-participating respondents in the above-captioned investigation. The Commission is requesting written submissions from the parties on an issue under review, and requests briefing from the parties, interested government agencies, and interested persons on the issues of remedy, the public interest, and bonding. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 43159 205–2392. 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 on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 29, 2018, based on a complaint filed on behalf of Bose Corporation of Framingham, Massachusetts (‘‘Bose’’). 83 FR 30,776 (Jun. 29, 2018). 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, and the sale within the United States after importation of certain earpiece devices and components thereof by reason of infringement of one or more claims of U.S. Patent Nos. 9,036,852 (‘‘the ’852 patent’’); 9,036,853 (‘‘the ’853 patent’’); 9,042,590 (‘‘the ’590 patent’’); 8,311,253 (‘‘the ’253 patent’’); 8,249,287 (‘‘the ’287 patent’’); and 9,398,364 (‘‘the ’364 patent’’). The ’852, ’853, ’590, ’253, and ’287 patents are herein referred to as the StayHear® Patents. The complaint further alleges that an industry in the United States exists as required by section 337. The notice of investigation named fourteen respondents: (1) 1MORE USA, Inc. of San Diego, California; (2) APSkins of Seattle, Washington; (3) Beeebo Online Limited (‘‘Beeebo’’) of North Las Vegas, Nevada; (4) iHip of Edison, New Jersey; (5) LMZT LLC of Brooklyn, New York; (6) Misodiko of ShenZhen, GuangDong, China; (7) Phaiser LLC of Houston, Texas; (8) Phonete of Shenzhen, China; (9) REVJAMS of New York, New York; (10) SMARTOMI Products, Inc. of Ontario, California; (11) Spigen, Inc. of Irvine, California; (12) Sudio AB of Stockholm, Sweden; (13) Sunvalley Tek International, Inc. of Fremont, California; and (14) TomRich of Shenzhen, China. The Office of Unfair Import Investigations (‘‘OUII’’) was also named as a party in this investigation. E:\FR\FM\20AUN1.SGM 20AUN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Pages 43158-43159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17864]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1076]


Certain Magnetic Data Storage Tapes and Cartridges Containing 
Same (II); Notice of Commission Determination To Rescind the Remedial 
Orders Issued in the Above-Captioned Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to rescind the limited 
exclusion order and cease and desist orders issued in the above-
captioned investigation due to a settlement agreement and patent cross-
license.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. 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 (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(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: The Commission instituted this investigation 
on October 25, 2017, based on a

[[Page 43159]]

complaint filed by FUJIFILM Corporation of Tokyo, Japan and FUJIFILM 
Recording Media U.S.A., Inc. of Bedford, Massachusetts (collectively, 
``Fujifilm''). 82 FR 49421 (Oct. 25, 2017). The complaint alleged 
violations of 19 U.S.C. 1337 (``Section 337'') through the importation 
into the United States, sale for importation, or sale in the United 
States after importation of certain magnetic data storage tapes and 
cartridges that infringe one or more of the asserted claims of U.S. 
Patent Nos. 6,630,256 (``the '256 patent''), 6,835,451 (``the '451 
patent''), 7,011,899 (``the '899 patent''), 6,462,905 (``the '905 
patent''), and 6,783,094 (``the '094 patent''). Id. The '094 patent was 
later withdrawn and terminated from the investigation. See Order No. 11 
(Mar. 19, 2018), not rev'd, Comm'n Notice (Apr. 17, 2018).
    The notice of investigation named Sony Corporation of Tokyo, Japan; 
Sony Storage Media Solutions Corporation of Tokyo, Japan; Sony Storage 
Media Manufacturing Corporation of Miyagi, Japan; Sony DADC US Inc. of 
Terre Haute, Indiana; and Sony Latin America Inc. of Miami, Florida 
(collectively, ``Sony'') as respondents. 82 FR at 49421-22. The Office 
of Unfair Import Investigations (``OUII'') was also named a party to 
the investigation. Id.
    The presiding administrative law judge (``ALJ'') held an 
evidentiary hearing on June 25-29, 2018, and issued his final initial 
determination (``ID'') and recommended determination (``RD'') on 
October 25, 2018. The ID finds that Sony violated Section 337 with 
respect to the '256 and '899 patents but not the '905 or '451 patents. 
The RD recommends that the Commission issue a limited exclusion order 
and cease and desist orders accordingly.
    The Commission determined to review the subject ID in part. 84 FR 
10532 (Mar. 21, 2019). On June 6, 2019, the Commission issued its final 
determination, in which it concluded that Sony violated Section 337 by 
infringing the '256 and '899 patents and issued a limited exclusion 
order and cease and desist orders accordingly. Comm'n Op. (June 6, 
2019); 84 FR 27358 (June 12, 2019).
    On July 25, 2019, Fujifilm and Sony filed a Joint Petition of 
Complainants and Respondents to Rescind Limited Exclusion Order and 
Cease and Desist Orders in the above-referenced investigation. The 
parties assert that rescission is warranted due to a settlement 
agreement and patent cross-license, pursuant to 19 U.S.C. 1337(k) and 
19 CFR 210.76(a). On August 5, 2019, OUII filed a response in support 
of the joint petition and rescission of the remedial orders in the 
above-captioned investigation.
    Upon review of the parties' submissions, the Commission has 
determined to grant the subject joint petition and rescind the limited 
exclusion order and cease and desist orders issued in this 
investigation. The Commission finds that the settlement fully resolves 
the dispute between the parties concerning the subject matter of the 
investigation. The Commission also finds that the joint petition 
complies with the requirements of Commission Rule 210.76, 19 CFR 
210.76.
    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: August 14, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-17864 Filed 8-19-19; 8:45 am]
 BILLING CODE 7020-02-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.