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]


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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