Certain Child Resistant Closures With Slider Devices Having a User Actuated Insertable Torpedo for Selectively Opening the Closures and Slider Devices Therefor; Notice of Request for Statements on the Public Interest, 23844-23845 [2020-09031]
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Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices
(‘‘the ’394 patent’’); 7,827,585 (‘‘the ’585
patent’’); 9,294,799 (‘‘the ’799 patent’’);
9,396,741 (‘‘the ’741 patent’’); 9,578,363
(‘‘the ’363 patent’’); 9,621,956 (‘‘the ’956
patent’’); and 9,668,014 (‘‘the ’014
patent’’). 83 FR 11792 (Mar. 16, 2018).
The Commission’s notice of
investigation named as respondents
Comcast Corporation of Philadelphia,
Pennsylvania; Comcast Cable
Communications, LLC of Philadelphia,
Pennsylvania; Comcast Cable
Communications Management, LLC of
Philadelphia, Pennsylvania; Comcast
Business Communications, LLC of
Philadelphia, Pennsylvania; Comcast
Holdings Corporation of Philadelphia,
Pennsylvania; and Comcast Shared
Services, LLC of Chicago, Illinois
(collectively, ‘‘Comcast’’). Id. The Office
of Unfair Import Investigations was also
named as a party in this investigation.
Id.
The Commission previously
terminated the investigation as to
complainant Rovi Technologies
Corporation; as to the ’956, ’394, ’014,
’799, and ’363 patents in their entirety;
and as to certain claims of the ’011,
’585, and ’741 patents. Order No. 12,
unreviewed, Notice (July 24, 2018);
Order No. 33, unreviewed, Notice (Sept.
19, 2018); Order 39, unreviewed, Notice
(Oct. 25, 2018).
On June 3, 2019, the presiding ALJ
issued Order No. 47, a summary
determination (‘‘SD’’), which, inter alia,
granted Rovi’s motions for summary
determination as to importation and sale
after importation. On June 11, 2019,
Comcast filed a petition for review of
the SD. On June 18, 2019, Rovi
responded to Comcast’s petition. On
June 25, 2019, the Commission
investigative attorney (‘‘IA’’) responded
to Comcast’s petition.
On June 4, 2019, the ALJ issued the
final initial determination (‘‘final ID’’).
On June 17, 2019, Comcast and Rovi
each filed a petition for review of the
final ID. On June 25, 2019, Comcast and
Rovi responded to each other’s petition,
and the IA responded to both.
In addition, the Commission received
comments from Rovi on the public
interest pursuant to Commission Rule
210.50(a)(4). The Commission also
received comments from the following
organizations in response to the
Commission’s notice soliciting public
interest comments, 84 FR 27804 (June
14, 2019): Tea Party Patriots Action;
Americans for Limited Government;
Frontiers of Freedom Institute; Market
Institute; and Conservatives for Property
Rights (joined by 60 Plus Association,
and Americans for Limited
Government). The Commission also
received correspondence from Rep.
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Peter King (R–N.Y.) (Sept. 19, 2019),
Rep. Jackie Speier (D–Cal.) (Sept. 6,
2019), and Rep. Steve Stivers (R–Ohio)
(Aug. 27, 2019).
On August 15, 2019, the Commission
determined to review in part the SD as
to reimportation, and not to review the
remainder of the SD. Notice at 3 (Aug.
15, 2019) (‘‘Notice of Review’’). As to
the final ID, in relevant part the
Commission terminated the
investigation with a finding of no
violation as to the ’585 and ’741 patents,
but determined to review infringement
of the ’011 patent. Id. The Commission
solicited briefing on certain questions
pertaining to infringement of the ’011
patent. Id. at 4.
On August 29, 2019, the parties filed
responses to the Commission notice,
and on September 10, 2019, Comcast
and Rovi filed replies.
Having examined the record of this
investigation, including the final ID and
the parties’ submissions, the
Commission has determined that
Comcast’s X1 set-top boxes are used by
Comcast’s users to directly infringe
claim 9 of the ’011 patent at Comcast’s
inducement. Thus, Comcast violated
section 337 with regard to claim 9 of the
’011 patent. The Commission declines
to reach the issue of whether there has
been a section 337 violation as to claim
1 of the ’011 patent because of the delay
and burden associated with deciding the
issue and because such a finding would
not afford any additional relief to Rovi.
Thus, the Commission need not decide
the issue. See Yingbin-Nature
(Guangdong) Wood Indus. Co. v. Int’l
Trade Comm’n, 535 F.3d 1322, 1331–32
(Fed. Cir. 2008).
The Commission has further
determined that the appropriate remedy
is: (1) A limited exclusion order
prohibiting the entry of infringing
digital video receivers and related
hardware and software components; and
(2) cease and desist orders directed to
respondents. The Commission has
determined that the public interest
factors enumerated in section 337(d)
and (f), 19 U.S.C. 1337(d), (f), do not
preclude the issuance of the limited
exclusion order or the cease and desist
orders. The Commission has determined
that a bond in the amount of zero
percent of entered value is required
during the period of Presidential review.
19 U.S.C. 1337(j)(3).
The investigation is terminated. The
Commission’s reasoning in support of
its determinations is set forth more fully
in its opinion. The Commission’s orders
and opinion were delivered to the
President and the United States Trade
Representative on the day of their
issuance.
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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: April 23, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–09043 Filed 4–28–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1171]
Certain Child Resistant Closures With
Slider Devices Having a User Actuated
Insertable Torpedo for Selectively
Opening the Closures and Slider
Devices Therefor; Notice of Request
for Statements on the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that,
on April 21, 2020, the presiding
administrative law judge (‘‘ALJ’’) issued
an Initial Determination Granting
Summary Determination on Violation of
Section 337 and Recommended
Determination on Remedy and Bonding
in the above-captioned investigation. On
April 22, 2020, the ALJ issued a Notice
of Errata thereto. The Commission is
soliciting comments on public interest
issues raised by the recommended
relief, should the Commission find a
violation. This notice is soliciting public
interest comments from the public only.
Parties are to file public interest
submissions pursuant to Commission
rules.
FOR FURTHER INFORMATION CONTACT:
Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3179. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.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.
SUMMARY:
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Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Notices
Section
337 of the Tariff Act of 1930 (‘‘Section
337’’) provides that if the Commission
finds a violation it shall exclude the
articles concerned from the United
States unless the public interest factors
listed in 19 U.S.C. 1337(d)(1) prevent
such action. A similar provision applies
to cease and desist orders. 19 U.S.C.
1337(f)(1).
The Commission is soliciting
comments on public interest issues
raised by the recommended relief
should the Commission find a violation,
specifically: (1) A general exclusion
order (‘‘GEO’’) directed to certain child
resistant closures with slider devices
having a user actuated insertable
torpedo for selectively opening the
closures and slider devices therefor
imported, sold for importation, and/or
sold after importation that infringe one
or more of claims 1, 3, 5, and 8–10 of
U.S. Patent No. 9,505,531; claims 1, 4,
6–8, 11, 12, 15, and 19 of U.S. Patent
No. 9,554,628; and claims 1, 3, 5, and
8 of U.S. Patent No. 10,273,058; and (2)
if the Commission declines to issue a
GEO, then a limited exclusion order
(‘‘LEO’’) directed to certain child
resistant closures with slider devices
having a user actuated insertable
torpedo for selectively opening the
closures and slider devices therefor
imported, sold for importation, and/or
sold after importation by defaulting
respondents Dalian Takebishi Packing
Industry Co., Ltd. of Dalian, China and
Dalian Altma Industry Co., Ltd. of
Dalian, Liaoning, China that infringe
one or more of the above claims.
The Commission is interested in
further development of the record on
the public interest in this investigation.
Accordingly, parties are to file public
interest submissions pursuant to 19 CFR
210.50(a)(4). In addition, members of
the public are hereby invited to file
submissions of no more than five (5)
pages, inclusive of attachments,
concerning the public interest in light of
the ALJ’s Recommended Determination
on Remedy and Bonding issued in this
investigation on April 21, 2020.
Comments should address whether
issuance of the remedial orders in this
investigation, should the Commission
find a violation, would affect the public
health and welfare in the United States,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) Explain how the articles
potentially subject to the recommended
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GEO and LEOs are used in the United
States;
(ii) Identify any public health, safety,
or welfare concerns in the United States
relating to the recommended GEO and
LEOs;
(iii) Identify like or directly
competitive articles that complainant,
its licensees, and/or third parties make
in the United States which could
replace the subject articles if they were
to be excluded;
(iv) Indicate whether complainant, its
licensees, and/or third-party suppliers
have the capacity to replace the volume
of articles potentially subject to the
recommended GEO and LEOs within a
commercially reasonable time; and
(v) Explain how the recommended
GEO and LEOs would impact
consumers in the United States.
Written submissions from the public
must be filed no later than by close of
business on May 21, 2020.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. The Commission’s paper
filing requirements in 19 CFR 210.4(f)
are currently waived. 85 FR 15798 (Mar.
19, 2020). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–1171’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, https://www.usitc.gov/
documents/handbook_on_filing_
procedures.pdf.). Persons with
questions regarding filing should
contact the Secretary ((202) 205–2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel, solely for cybersecurity
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23845
purposes. All contract personnel will
sign appropriate nondisclosure
agreements. All non-confidential
written submissions will be available for
public inspection at the Office of the
Secretary and on EDIS.
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: April 23, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–09031 Filed 4–28–20; 8:45 am]
BILLING CODE 7020–20–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Kansky J. Delisma, M.D.; Decision and
Order
On May 23, 2019, the Drug
Enforcement Administration
(hereinafter, DEA or Government)
Administrative Law Judge Charles Wm.
Dorman (hereinafter, ALJ), issued a
Recommended Rulings, Findings of
Fact, Conclusions of Law and Decision
(hereinafter, RD) on the action to deny
Kansky J. Delisma, M.D.’s application
for a DEA Certification of Registration.
The Government filed exceptions to the
RD to which Dr. Delisma responded.
Having reviewed and considered the
entire administrative record before me,
including the Government’s Exceptions,
I adopt the ALJ’s RD with minor
modifications, where noted herein.*A
Government’s Exceptions
The Government filed an exception
(hereinafter, Govt Exceptions) to the
ALJ’s interpretation and application of
21 U.S.C. 824(a)(5) and that provision’s
interplay with 42 U.S.C. 1320a–7(a).
Govt Exceptions, at 2. Under Section
824(a) of the Controlled Substances Act
(hereinafter, CSA), a registration ‘‘may
be suspended or revoked’’ upon a
finding of one or more of five grounds.
21 U.S.C. 824. The ground in 21 U.S.C.
824(a)(5) requires that the registrant
*A I have made minor modifications to the RD. I
have substituted initials for the names of witnesses
to protect their privacy, and I have made minor,
nonsubstantive grammatical changes. Where I have
made any substantive changes, omitted language for
brevity or relevance, or where I have added to or
modified the ALJ’s opinion, I have bracketed the
modified language and explained the edit in a
footnote marked with an asterisk and a letter in
alphabetical order.
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]]>Agencies
[Federal Register Volume 85, Number 83 (Wednesday, April 29, 2020)]
[Notices]
[Pages 23844-23845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09031]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1171]
Certain Child Resistant Closures With Slider Devices Having a
User Actuated Insertable Torpedo for Selectively Opening the Closures
and Slider Devices Therefor; Notice of Request for Statements on the
Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, on April 21, 2020, the presiding
administrative law judge (``ALJ'') issued an Initial Determination
Granting Summary Determination on Violation of Section 337 and
Recommended Determination on Remedy and Bonding in the above-captioned
investigation. On April 22, 2020, the ALJ issued a Notice of Errata
thereto. The Commission is soliciting comments on public interest
issues raised by the recommended relief, should the Commission find a
violation. This notice is soliciting public interest comments from the
public only. Parties are to file public interest submissions pursuant
to Commission rules.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. General information concerning the Commission may
also be obtained by accessing its internet server at https://www.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.
[[Page 23845]]
SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930
(``Section 337'') provides that if the Commission finds a violation it
shall exclude the articles concerned from the United States unless the
public interest factors listed in 19 U.S.C. 1337(d)(1) prevent such
action. A similar provision applies to cease and desist orders. 19
U.S.C. 1337(f)(1).
The Commission is soliciting comments on public interest issues
raised by the recommended relief should the Commission find a
violation, specifically: (1) A general exclusion order (``GEO'')
directed to certain child resistant closures with slider devices having
a user actuated insertable torpedo for selectively opening the closures
and slider devices therefor imported, sold for importation, and/or sold
after importation that infringe one or more of claims 1, 3, 5, and 8-10
of U.S. Patent No. 9,505,531; claims 1, 4, 6-8, 11, 12, 15, and 19 of
U.S. Patent No. 9,554,628; and claims 1, 3, 5, and 8 of U.S. Patent No.
10,273,058; and (2) if the Commission declines to issue a GEO, then a
limited exclusion order (``LEO'') directed to certain child resistant
closures with slider devices having a user actuated insertable torpedo
for selectively opening the closures and slider devices therefor
imported, sold for importation, and/or sold after importation by
defaulting respondents Dalian Takebishi Packing Industry Co., Ltd. of
Dalian, China and Dalian Altma Industry Co., Ltd. of Dalian, Liaoning,
China that infringe one or more of the above claims.
The Commission is interested in further development of the record
on the public interest in this investigation. Accordingly, parties are
to file public interest submissions pursuant to 19 CFR 210.50(a)(4). In
addition, members of the public are hereby invited to file submissions
of no more than five (5) pages, inclusive of attachments, concerning
the public interest in light of the ALJ's Recommended Determination on
Remedy and Bonding issued in this investigation on April 21, 2020.
Comments should address whether issuance of the remedial orders in this
investigation, should the Commission find a violation, would affect the
public health and welfare in the United States, competitive conditions
in the United States economy, the production of like or directly
competitive articles in the United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) Explain how the articles potentially subject to the recommended
GEO and LEOs are used in the United States;
(ii) Identify any public health, safety, or welfare concerns in the
United States relating to the recommended GEO and LEOs;
(iii) Identify like or directly competitive articles that
complainant, its licensees, and/or third parties make in the United
States which could replace the subject articles if they were to be
excluded;
(iv) Indicate whether complainant, its licensees, and/or third-
party suppliers have the capacity to replace the volume of articles
potentially subject to the recommended GEO and LEOs within a
commercially reasonable time; and
(v) Explain how the recommended GEO and LEOs would impact consumers
in the United States.
Written submissions from the public must be filed no later than by
close of business on May 21, 2020.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1171'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.). Persons with questions regarding
filing should contact the Secretary ((202) 205-2000). Any person
desiring to submit a document to the Commission in confidence must
request confidential treatment. All such requests should be directed to
the Secretary to the Commission and must include a full statement of
the reasons why the Commission should grant such treatment. See 19 CFR
201.6. Documents for which confidential treatment by the Commission is
properly sought will be treated accordingly. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this Investigation may be disclosed to and used: (i) By the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All non-confidential written submissions will be available for public
inspection at the Office of the Secretary and on EDIS.
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: April 23, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-09031 Filed 4-28-20; 8:45 am]
BILLING CODE 7020-20-P
