Bulk Manufacturer of Controlled Substances Application: Bulk Manufacturer of Marihuana: Honeoye Manufacturing, 35331-35332 [2020-12383]
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jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices
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 April 9, 2019, based on a complaint
filed on behalf of Hanwha Q CELLS
USA, Inc. of Dalton, Georgia and HQC–
AMC 1 of Seoul, Republic of Korea
(collectively, ‘‘Hanwha’’). 84 FR 14134–
35 (April 9, 2019). 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 photovoltaic cells
and products containing same by reason
of infringement of certain claims of U.S.
Patent No. 9,893,215. The complaint
further alleges the existence of a
domestic industry. The Commission’s
notice of investigation named the
following respondents: JinkoSolar
Holding Co., Ltd., c/o Conyers Trust
Company (Cayman) Limited of Grand
Cayman KY1–111, Cayman Islands;
JinkoSolar (U.S.) Inc. of San Francisco,
California; Jinko Solar (U.S.) Industries
Inc. of San Francisco, California; Jinko
Solar Co., Ltd. of Jiangxi, China;
Zhejiang Jinko Solar Co., Ltd. of Haining
City, China; Jinko Solar Technology
Sdn. Bhd. of Persekutuan, Malaysia
(collectively, ‘‘Jinko’’); LONGi Solar
Technology Co., Ltd. of Shaanxi, China;
LONGi Green Energy Technology Co.,
Ltd. of Shaanxi, China; LONGi (H.K.)
Trading Ltd. of Wanchai, Hong Kong;
LONGi (Kuching) Sdn. Bhd. of Sarawak,
Malaysia; Taizhou LONGi Solar
Technology Ltd. of Jiangsu, China;
Zhejiang LONGi Solar Technology Ltd.
of Zhejiang, China; Hefei LONGi Solar
Technology Ltd. of Anhui, China;
LONGi Solar Technology (U.S.) Inc. of
San Ramon, California (collectively,
‘‘LONGi’’); and REC Solar Holdings AS
of Oslo, Norway; REC Solar Pte. Ltd. of
Tuas, Singapore; and REC Americas,
LLC of San Mateo, California
(collectively, ‘‘REC’’) (collectively,
‘‘Respondents’’). The Office of Unfair
Import Investigations (‘‘OUII’’) is
participating in the investigation.
On August 19, September 13, and
September 18, 2019, LONGi, Jinko, and
REC, respectively, filed a motion for
summary determination on
infringement. On September 26, 2019,
1 Complainant HQC–AMC was subsequently
replaced by Hanwha Solutions Corporation. Order
No. 38 (Jan. 30, 2020), unreviewed by Comm’n
Notice (Mar. 2, 2020); see also 85 FR 13182–83
(Mar. 6, 2020).
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the ALJ issued a Markman Order (Order
No. 24), construing certain claim terms
in dispute. On October 10, 2019, the ALJ
issued Order No. 26, which struck
Hanwha’s late-filed contentions
concerning infringement under the
doctrine of equivalents (DOE).
On April 10, 2020, the ALJ issued the
subject ID (Order No. 40), granting
Respondents’ motions for summary
determination of non-infringement. The
subject ID finds no literal infringement
by any of the accused products.
Although the ALJ struck Hanwha’s latefiled DOE contentions in Order No. 26,
the ID also addresses the merits of the
DOE contentions and finds no
infringement by equivalents due to
prosecution history estoppel.
On April 22, 2020, Hanwha filed a
petition for review seeking review of the
finding of no literal infringement.
Hanwha does not seek review of the
ALJ’s decision to strike its DOE
contentions. On May 5, 2020,
Respondents and OUII each filed a
response in opposition to Hanwha’s
petition.
Having reviewed the record including
Order No. 24, the subject ID, the parties’
briefing before the ALJ, and Hanwha’s
petition and responses thereto, the
Commission has determined to review
in part the subject ID (and underlying
Markman Order). On review, the
Commission has determined to affirm
with modification the ID’s grant of
summary determination. Specifically,
the Commission clarifies that the
findings made on pages 24–26 of the ID
relate to statements made by the
patentee during prosecution. The ID
notes that those findings support the
determination that prosecution history
estoppel precludes the application of
the DOE with respect to the claim terms
at issue. The Commission clarifies that
these findings also support Order No.
24’s claim construction of these terms,
including a determination that
prosecution disclaimer applies in
construing these terms. As one example,
the finding on page 25 of the ID that
‘‘the patentee ‘made numerous and
unambiguous’ representations that the
’215 patent claims solar cells hav[ing] a
two-layer passivation stack, and no
more’’ lends support to a finding of
prosecution disclaimer and Order No.
24’s construction of the claim terms at
issue. See, e.g., Omega Eng’g, Inc. v.
Raytek Corp., 334 F.3d 1314, 1323–24
(Fed. Cir. 2003); Trading Technologies
Intern., Inc. v. Open E Cry, LLC, 728
F.3d 1309, 1322 (Fed. Cir. 2013) (‘‘a
single action during prosecution can
engender both a prosecution disclaimer
and prosecution history estoppel.’’)
(emphasis in original).
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35331
The investigation is terminated with a
finding of no violation of section 337.
The Commission vote for this
determination took place on June 3,
2020.
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: June 3, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–12411 Filed 6–8–20; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–656]
Bulk Manufacturer of Controlled
Substances Application: Bulk
Manufacturer of Marihuana: Honeoye
Manufacturing
ACTION:
Notice of application.
The Drug Enforcement
Administration (DEA) is providing
notice of an application it has received
from an entity applying to be registered
to manufacture in bulk basic class(es) of
controlled substances listed in schedule
I. DEA intends to evaluate this and other
pending applications according to
proposed regulations that, if finalized,
would govern the program of growing
marihuana for scientific and medical
research under DEA registration.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants therefor, may file written
comments on or objections to the
issuance of the proposed registration on
or before August 10, 2020.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DPW 8701
Morrissette Drive, Springfield, Virginia
22152. To ensure proper handling of
comments, please reference Docket No.
DEA–656 in all correspondence,
including attachments.
SUPPLEMENTARY INFORMATION: The
Controlled Substances Act (CSA)
prohibits the cultivation and
distribution of marihuana except by
persons who are registered under the
CSA to do so for lawful purposes. In
accordance with the purposes specified
in 21 CFR 1301.33(a), DEA is providing
SUMMARY:
E:\FR\FM\09JNN1.SGM
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35332
Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices
notice that the entity identified below
has applied for registration as a bulk
manufacturer of schedule I controlled
substances. In response, registered bulk
manufacturers of the affected basic
class(es), and applicants therefor, may
file written comments on or objections
of the requested registration, as
provided in this notice. This notice does
not constitute any evaluation or
determination of the merits of the
application submitted.
The applicant plans to manufacture
bulk active pharmaceutical ingredients
(APIs) for product development and
distribution to DEA registered
researchers. If the application for
registration is granted, the registrant
would not be authorized to conduct
other activity under this registration
aside from those coincident activities
specifically authorized by DEA
regulations. DEA will evaluate the
application for registration as a bulk
manufacturer for compliance with all
applicable laws, treaties, and
regulations and to ensure adequate
safeguards against diversion are in
place.
As this applicant has applied to
become registered as a bulk
manufacturer of marihuana, the
application will be evaluated under the
criteria of 21 U.S.C. 823(a). DEA
proposes to conduct this evaluation in
the manner described in the rule
proposed at 85 FR 16292, published on
March 23, 2020, if finalized.
In accordance with 21 CFR
1301.33(a), DEA is providing notice that
on May 7, 2020, Honeoye
Manufacturing, 4825 County Road 36,
Honeoye, New York 14471, applied to
be registered as a bulk manufacturer of
the following basic class(es) of
controlled substances:
Controlled substance
Marihuana ........................
Drug
code
Schedule
7360
I
The applicant noticed above applied
to become registered with DEA to grow
marihuana as a bulk manufacturer
subsequent to a 2020 DEA notice of
proposed rulemaking that provided
information on how DEA intends to
expand the number of registrations, and
described the way it would oversee
those additional growers. If finalized,
the proposed rule would govern persons
seeking to become registered with DEA
to grow marihuana as a bulk
manufacturer, consistent with
applicable law. The notice of proposed
rulemaking is available at 85 FR 16292.
William T. McDermott,
Assistant Administrator.
[FR Doc. 2020–12383 Filed 6–8–20; 8:45 am]
BILLING CODE 4410–09–P
Registered bulk manufacturers of
the affected basic class(es), and
applicants therefore, may file written
comments on or objections to the
issuance of the proposed registration on
or before July 9, 2020. Such persons
may also file a written request for a
hearing on the application on or before
July 9, 2020.
DATES:
Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DPW, 8701
Morrissette Drive, Springfield, Virginia
22152. All requests for a hearing must
be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152. All requests for a
hearing should also be sent to: (1) Drug
Enforcement Administration, Attn:
Hearing Clerk/OALJ, 8701 Morrissette
Drive, Springfield, Virginia 22152; and
(2) Drug Enforcement Administration,
Attn: DEA Federal Register
Representative/DPW, 8701 Morrissette
Drive, Springfield, Virginia 22152.
ADDRESSES:
In
accordance with 21 CFR 1301.34(a), this
is notice that on May 15, 2020, Research
Triangle Institute, 3040 East Cornwallis
Road, Hermann Building, Room 106,
Research Triangle Park, North Carolina
27709–2194, applied to be registered as
an importer of the following basic
class(es) of controlled substances:
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–661]
Importer of Controlled Substances
Application: Research Triangle
Institute
ACTION:
Notice of application.
jbell on DSKJLSW7X2PROD with NOTICES
Controlled substance
Drug code
3-Fluoro-N-methylcathinone (3–FMC) .............................................................................................................................
Cathinone ........................................................................................................................................................................
Methcathinone .................................................................................................................................................................
4-Fluoro-N-methylcathinone (4–FMC) .............................................................................................................................
Pentedrone (a-methylaminovalerophenone) ...................................................................................................................
Mephedrone (4-Methyl-N-methylcathinone) ....................................................................................................................
4-Methyl-N-ethylcathinone (4–MEC) ...............................................................................................................................
Naphyrone .......................................................................................................................................................................
N-Ethylamphetamine .......................................................................................................................................................
N,N-Dimethylamphetamine ..............................................................................................................................................
Fenethylline .....................................................................................................................................................................
Aminorex ..........................................................................................................................................................................
4-Methylaminorex (cis isomer) ........................................................................................................................................
Gamma Hydroxybutyric Acid ...........................................................................................................................................
Methaqualone ..................................................................................................................................................................
Mecloqualone ..................................................................................................................................................................
JWH–250 (1-Pentyl-3-(2-methoxyphenylacetyl) indole) ..................................................................................................
SR–18 (Also known as RCS–8) (1-Cyclohexylethyl-3-(2-methoxyphenylacetyl) indole) ................................................
ADB–FUBINACA (N-(1-amino-3,3-dimethyl-1-oxobutan2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide) ..............
5-Fluoro-UR–144 and XLR11 [1-(5-Fluoro-pentyl)1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone ................
AB–FUBINACA (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide) .....................
FUB–144 (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone) ...............................................
JWH–019 (1-Hexyl-3-(1-naphthoyl)indole) ......................................................................................................................
MDMB–FUBINACA (Methyl 2-(1-(4-fluorobenzyl)-1H indazole-3-carboxamido)-3,3-dimethylbutanoate) ......................
FUB–AMB,
MMBFUBINACA,
AMB–FUBINACA
(2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3methylbutanoate).
AB–PINACA (N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole3-carboxamide) ..........................................
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Schedule
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1235
1237
1238
1246
1248
1249
1258
1475
1480
1503
1585
1590
2010
2565
2572
6250
7008
7010
7011
7012
7014
7019
7020
7021
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
7023
I
]]>Agencies
[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35331-35332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12383]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-656]
Bulk Manufacturer of Controlled Substances Application: Bulk
Manufacturer of Marihuana: Honeoye Manufacturing
ACTION: Notice of application.
-----------------------------------------------------------------------
SUMMARY: The Drug Enforcement Administration (DEA) is providing notice
of an application it has received from an entity applying to be
registered to manufacture in bulk basic class(es) of controlled
substances listed in schedule I. DEA intends to evaluate this and other
pending applications according to proposed regulations that, if
finalized, would govern the program of growing marihuana for scientific
and medical research under DEA registration.
DATES: Registered bulk manufacturers of the affected basic class(es),
and applicants therefor, may file written comments on or objections to
the issuance of the proposed registration on or before August 10, 2020.
ADDRESSES: Written comments should be sent to: Drug Enforcement
Administration, Attention: DEA Federal Register Representative/DPW 8701
Morrissette Drive, Springfield, Virginia 22152. To ensure proper
handling of comments, please reference Docket No. DEA-656 in all
correspondence, including attachments.
SUPPLEMENTARY INFORMATION: The Controlled Substances Act (CSA)
prohibits the cultivation and distribution of marihuana except by
persons who are registered under the CSA to do so for lawful purposes.
In accordance with the purposes specified in 21 CFR 1301.33(a), DEA is
providing
[[Page 35332]]
notice that the entity identified below has applied for registration as
a bulk manufacturer of schedule I controlled substances. In response,
registered bulk manufacturers of the affected basic class(es), and
applicants therefor, may file written comments on or objections of the
requested registration, as provided in this notice. This notice does
not constitute any evaluation or determination of the merits of the
application submitted.
The applicant plans to manufacture bulk active pharmaceutical
ingredients (APIs) for product development and distribution to DEA
registered researchers. If the application for registration is granted,
the registrant would not be authorized to conduct other activity under
this registration aside from those coincident activities specifically
authorized by DEA regulations. DEA will evaluate the application for
registration as a bulk manufacturer for compliance with all applicable
laws, treaties, and regulations and to ensure adequate safeguards
against diversion are in place.
As this applicant has applied to become registered as a bulk
manufacturer of marihuana, the application will be evaluated under the
criteria of 21 U.S.C. 823(a). DEA proposes to conduct this evaluation
in the manner described in the rule proposed at 85 FR 16292, published
on March 23, 2020, if finalized.
In accordance with 21 CFR 1301.33(a), DEA is providing notice that
on May 7, 2020, Honeoye Manufacturing, 4825 County Road 36, Honeoye,
New York 14471, applied to be registered as a bulk manufacturer of the
following basic class(es) of controlled substances:
------------------------------------------------------------------------
Drug
Controlled substance code Schedule
------------------------------------------------------------------------
Marihuana............................... 7360 I
------------------------------------------------------------------------
The applicant noticed above applied to become registered with DEA
to grow marihuana as a bulk manufacturer subsequent to a 2020 DEA
notice of proposed rulemaking that provided information on how DEA
intends to expand the number of registrations, and described the way it
would oversee those additional growers. If finalized, the proposed rule
would govern persons seeking to become registered with DEA to grow
marihuana as a bulk manufacturer, consistent with applicable law. The
notice of proposed rulemaking is available at 85 FR 16292.
William T. McDermott,
Assistant Administrator.
[FR Doc. 2020-12383 Filed 6-8-20; 8:45 am]
BILLING CODE 4410-09-P
