Certain Portable Gaming Console Systems With Attachable Handheld Controllers and Components Thereof; Notice of a Commission Determination Finding No Violation of Section 337; Termination of the Investigation, 54640-54641 [2019-22172]
Download as PDF
54640
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
72 FR 61905). Commerce terminated the
suspension agreement and its second
review and resumed its antidumping
investigation, effective January 18, 2008
(73 FR 2887, January 16, 2008). The
Commission consequently terminated
its second review of the suspended
investigation and resumed its
antidumping investigation, effective
January 18, 2008 (73 FR 5869, January
31, 2008). The antidumping
investigation was suspended effective
January 22, 2008, when Commerce
signed a new suspension agreement
with certain growers/exporters of fresh
tomatoes from Mexico (73 FR 4831,
January 28, 2008; 73 FR 7762, February
11, 2008).
On December 3, 2012, Commerce
initiated and the Commission instituted
their third five-year reviews of the
suspended investigation (77 FR 71684,
77 FR 71629). On March 1, 2013,
Commerce terminated the suspension
agreement and its third review and
resumed its antidumping investigation
(78 FR 14771, March 7, 2013). On March
4, 2013, the Commission terminated its
third review and resumed its
antidumping investigation (78 FR
16529, March 15, 2013). Also on March
4, 2013, Commerce signed a new
suspension agreement with certain
grower/exporters of fresh tomatoes from
Mexico and suspended its antidumping
investigation (78 FR 14967, March 8,
2013). Effective March 4, 2013, the
Commission suspended its antidumping
investigation (78 FR 16529, March 15,
2013).
On February 1, 2018, Commerce
initiated and the Commission instituted
their fourth five-year reviews of the
suspended investigation (83 FR 4641, 83
FR 4676). On May 7, 2019, Commerce
terminated the suspension agreement
and resumed its antidumping
investigation (84 FR 20858, May 13,
2019). Effective May 7, 2019, the
Commission terminated its fourth
review (84 FR 21360, May 14, 2019) and
resumed its antidumping investigation
(84 FR 27805, June 14, 2019). On
September 24, 2019, Commerce
published notice in the Federal Register
suspending its antidumping
investigation on the basis of an
agreement between Commerce and
signatory producers/exporters
accounting for substantially all imports
of fresh tomatoes from Mexico that
eliminates completely the injurious
effects of exports of the subject
merchandise to the United States (84 FR
49987). Accordingly, the Commission
now provides notice of the suspension
of its antidumping investigation.
VerDate Sep<11>2014
19:50 Oct 09, 2019
Jkt 250001
Authority: This investigation is being
suspended under authority of title VII of the
Tariff Act of 1930 and pursuant to section
207.40(b) of the Commission’s Rules of
Practice and Procedure (19 CFR 207.40(b)).
This notice is published pursuant to section
201.10 of the Commission’s rules (19 CFR
201.10).
By order of the Commission.
Issued: October 7, 2019.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2019–22214 Filed 10–9–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1111]
Certain Portable Gaming Console
Systems With Attachable Handheld
Controllers and Components Thereof;
Notice of a Commission Determination
Finding No Violation of Section 337;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to affirm
the conclusion of the presiding
administrative law judge’s (‘‘ALJ’’)
initial determination (‘‘ID’’) that no
violation of section 337 has occurred.
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT:
Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2737. 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: On May 4,
2018, the Commission instituted this
investigation based on a complaint and
supplements thereto filed on behalf of
Gamevice, Inc. of Simi Valley,
SUMMARY:
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
California (‘‘Gamevice’’). 83 FR 19821
(May 4, 2018). The complaint alleged
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 portable gaming console systems
with attachable handheld controllers
and components thereof by reason of
infringement of one or more claims of
U.S. Patent Nos. 9,855,498 (‘‘the ’498
patent’’) and 9,808,713 (‘‘the ’713
patent’’). The Commission’s notice of
investigation named Nintendo Co., Ltd.,
of Kyoto, Japan and Nintendo of
America, Inc., of Redmond, Washington
as respondents (collectively,
‘‘Nintendo’’). Id. The Office of Unfair
Import Investigations was not named as
a party in this investigation. Id.
On February 14, 2019, the ALJ issued
an ID in this investigation, finding no
violation of section 337 by Nintendo.
Specifically, the ID grants a motion for
summary determination that Nintendo
does not infringe claims 1, 10, 16, and
17 of the ’713 patent and claims 1 and
16 of the ’498 patent, that claim 10 of
the ’713 patent is invalid, and that the
technical prong of the domestic industry
has not been met for claim 10 of the ’713
patent. Order No. 21 was predicated
upon the ALJ’s earlier issued Markman
order, Order No. 20, setting forth claim
constructions of disputed terms,
including ‘‘retention member,’’ ‘‘pair of
modules,’’ and ‘‘fastening
mechanism[s].’’ Gamevice petitioned for
review of Order No. 21. Nintendo
contingently petitioned for review of the
claim term ‘‘retention member’’ and
additional claim constructions not at
issue in Order No. 21. The parties
responded to the respective petitions.
On April 25, 2019, the Commission
determined to review Order No. 21 in
the entirety. The Commission also
determined to review the three claim
constructions, discussed in Order No.
20, on which Order No. 21 is based.
Notice, Commission Determination to
Review Order No. 21 in its Entirety;
Request for Briefing (April 25, 2019).
The Commission also asked the parties
to brief two issues on review. Id. On
May 6, 2019, the parties submitted their
opening response to the Commission’s
notice of review. On May 13, 2019, the
parties submitted their responsive
submissions.
After considering Order Nos. 20 and
21, the parties’ written submissions, and
the record in this investigation, the
Commission has determined that the
terms ‘‘fastening mechanism[s],’’ ‘‘a pair
of modules,’’ and ‘‘retention member’’
are subject to means-plus-function
E:\FR\FM\10OCN1.SGM
10OCN1
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Notices
treatment on modified grounds. The
Commission affirms Order No. 21’s
findings on non-infringement, invalidity
of the ’713 patent, and Gamevice’s
failure to establish that its products
practice the ’713 patent to satisfy the
domestic industry requirement.
Accordingly, the Commission finds that
no violation of section 337 has occurred.
The investigation is terminated. The
Commission’s reasoning in support of
its determinations is set forth in its
concurrently issued opinion.
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: October 4, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–22172 Filed 10–9–19; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Number 1140–0040]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Revision of a
Currently Approved Collection;
Application for an Amended Federal
Firearms License—ATF Form 5300.38
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice
ACTION: 60-Day notice.
AGENCY:
The Department of Justice
(DOJ), Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF), will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection,
Application for an Amended Federal
Firearms License—ATF Form 5300.38 is
being revised due to a reduction in the
number of respondents, responses and
public burden hours, since the last
renewal in 2016.
DATES: Comments are encouraged and
will be accepted for 60 days until
December 9, 2019.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments,
regarding the estimated public burden
or associated response time,
SUMMARY:
VerDate Sep<11>2014
19:50 Oct 09, 2019
Jkt 250001
54641
suggestions, or need a copy of the
proposed information collection
instrument with instructions, or
additional information, please contact:
Tracey Robertson, either by mail at
Federal Firearms Licensing Center, 244
Needy Road, Martinsburg, WV 25405,
by email at Tracey.Robertson@atf.gov, or
by telephone at 304–616–4647.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
address. The Application for an
Amended Federal Firearms License—
ATF F 5300.38, is used by existing
Federal Firearms licensees to change the
business address of the license and
certify compliance. Licensees are
required to notify ATF of the intent to
move any business premises no later
than 30 days prior to the intended
move.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 10,000
respondents will utilize the form, and it
will take each respondent
approximately 30 minutes to complete
their responses.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated annual public
burden associated with this collection is
5,000 hours, which is equal to 10,000 (#
of respondents) * .5 (30 minutes).
7. An Explanation of the Change in
Estimates: The adjustments associated
with this information collection include
a reduction in the number of
submissions by 8,000. Consequently, the
hourly burden has reduced by 4,000
hours, while the cost burden decreased
by $1,730.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, 3E.405A,
Washington, DC 20530.
Overview of This Information
Collection
1. Type of Information Collection
(check justification or form 83):
Revision of a currently approved
collection.
2. The Title of the Form/Collection:
Application for an Amended Federal
Firearms License.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form number (if applicable): ATF
Form 5300.38.
Component: Bureau of Alcohol,
Tobacco, Firearms and Explosives, U.S.
Department of Justice.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract:
Primary: Business or other for-profit.
Other (if applicable): Individuals or
households.
Abstract: The Gun Control Act
requires that each person applying for a
Federal Firearms License (FFL) change
of address must certify compliance with
the provisions of the law for the new
Dated: October 7, 2019.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
[FR Doc. 2019–22161 Filed 10–9–19; 8:45 am]
BILLING CODE 4410–14–P
DEPARTMENT OF JUSTICE
Bureau of Alcohol, Tobacco, Firearms
and Explosives
[OMB Number 1140–00046]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Extension
Without Change of a Currently
Approved Collection; Certification on
Agency Letterhead Authorizing
Purchase of Firearm for Official Duties
of Law Enforcement Officer
Bureau of Alcohol, Tobacco,
Firearms and Explosives, Department of
Justice.
ACTION: 60-Day notice.
AGENCY:
E:\FR\FM\10OCN1.SGM
10OCN1
Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Notices]
[Pages 54640-54641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22172]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1111]
Certain Portable Gaming Console Systems With Attachable Handheld
Controllers and Components Thereof; Notice of a Commission
Determination Finding No Violation of Section 337; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to affirm the conclusion of the presiding
administrative law judge's (``ALJ'') initial determination (``ID'')
that no violation of section 337 has occurred. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Amanda Pitcher Fisherow, Esq., Office
of the General Counsel, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436, telephone (202) 205-2737. 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: On May 4, 2018, the Commission instituted
this investigation based on a complaint and supplements thereto filed
on behalf of Gamevice, Inc. of Simi Valley, California (``Gamevice'').
83 FR 19821 (May 4, 2018). The complaint alleged 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 portable gaming console systems with attachable handheld
controllers and components thereof by reason of infringement of one or
more claims of U.S. Patent Nos. 9,855,498 (``the '498 patent'') and
9,808,713 (``the '713 patent''). The Commission's notice of
investigation named Nintendo Co., Ltd., of Kyoto, Japan and Nintendo of
America, Inc., of Redmond, Washington as respondents (collectively,
``Nintendo''). Id. The Office of Unfair Import Investigations was not
named as a party in this investigation. Id.
On February 14, 2019, the ALJ issued an ID in this investigation,
finding no violation of section 337 by Nintendo. Specifically, the ID
grants a motion for summary determination that Nintendo does not
infringe claims 1, 10, 16, and 17 of the '713 patent and claims 1 and
16 of the '498 patent, that claim 10 of the '713 patent is invalid, and
that the technical prong of the domestic industry has not been met for
claim 10 of the '713 patent. Order No. 21 was predicated upon the ALJ's
earlier issued Markman order, Order No. 20, setting forth claim
constructions of disputed terms, including ``retention member,'' ``pair
of modules,'' and ``fastening mechanism[s].'' Gamevice petitioned for
review of Order No. 21. Nintendo contingently petitioned for review of
the claim term ``retention member'' and additional claim constructions
not at issue in Order No. 21. The parties responded to the respective
petitions.
On April 25, 2019, the Commission determined to review Order No. 21
in the entirety. The Commission also determined to review the three
claim constructions, discussed in Order No. 20, on which Order No. 21
is based. Notice, Commission Determination to Review Order No. 21 in
its Entirety; Request for Briefing (April 25, 2019). The Commission
also asked the parties to brief two issues on review. Id. On May 6,
2019, the parties submitted their opening response to the Commission's
notice of review. On May 13, 2019, the parties submitted their
responsive submissions.
After considering Order Nos. 20 and 21, the parties' written
submissions, and the record in this investigation, the Commission has
determined that the terms ``fastening mechanism[s],'' ``a pair of
modules,'' and ``retention member'' are subject to means-plus-function
[[Page 54641]]
treatment on modified grounds. The Commission affirms Order No. 21's
findings on non-infringement, invalidity of the '713 patent, and
Gamevice's failure to establish that its products practice the '713
patent to satisfy the domestic industry requirement. Accordingly, the
Commission finds that no violation of section 337 has occurred. The
investigation is terminated. The Commission's reasoning in support of
its determinations is set forth in its concurrently issued opinion.
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: October 4, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-22172 Filed 10-9-19; 8:45 am]
BILLING CODE 7020-02-P