Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest, 63291-63292 [2020-22104]

Download as PDF Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices Having reviewed the record in this investigation, including the ALJ’s orders and final ID, as well as the parties’ petitions and responses thereto, the Commission has determined to review the final ID in part. Specifically, the Commission has determined to review the following issues: (1) Whether the accused Nichia products and the alleged domestic industry product satisfy the limitation ‘‘and thermally coupled through the metal base to the thermal connection pad’’ of claim 1 of the ’053 patent; (2) whether the accused products and the alleged domestic industry products satisfy the additional limitation ‘‘wherein the thermally conducting base includes a metal base’’ of claim 6 of the ’421 patent; (3) whether the asserted claims of the ’421 patent are invalid as obvious; and (4) whether LSG satisfied the economic prong of the domestic industry requirement. On review, the Commission has determined to take no position on these issues. Further on review, the Commission has determined to correct two typographical errors in the final ID: In the fourth line of page 34, ‘‘does recite’’ is replaced with ‘‘does not recite’’; and in the fifth line of page 40, ‘‘a thermal via’’ is replaced with ‘‘thermal coupling.’’ The Commission has determined not to review the remaining findings in the final ID, in particular that the asserted claims of the ’053 and ’421 patents have not been infringed, that the technical prong of the domestic industry requirement has not been satisfied with respect to either the ’053 or ’421 patent, and that the asserted claims of the ’421 patent have been shown invalid as anticipated and for lacking written description support. Accordingly, the Commission has determined to affirm the final ID’s finding of no violation of section 337. The investigation is terminated. The Commission vote for these determinations took place on October 1, 2020. The authority for the Commission’s determinations 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). While temporary remote operating procedures are in place in response to COVID–19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service. Accordingly, pursuant to Commission Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders that the Complainant(s) complete VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 service for any party/parties without a method of electronic service noted on the attached Certificate of Service and shall file proof of service on the Electronic Document Information System (EDIS). By order of the Commission. Issued: October 1, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–22114 Filed 10–6–20; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Automated Storage and Retrieval Systems, Robots, and Components Thereof, DN 3498; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing pursuant to the Commission’s Rules of Practice and Procedure. FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (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 United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (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 has received a complaint and a submission pursuant to § 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of AutoStore Technology AS, AutoStore AS, and AutoStore System Inc. on SUMMARY: PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 63291 October 1, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain automated storage and retrieval systems, robots, and components thereof. The complaint names as respondents: Ocado Group Plc of the United Kingdom; Ocado Central Services Ltd. of the United Kingdom; Ocado Innovation Ltd. of the United Kingdom; Ocado Operating Ltd. of the United Kingdom; Ocado Solutions. Ltd. of the United Kingdom; Ocado Solutions USA Inc. of Tysons Corner, VA; Tharsus Group Ltd. of the United Kingdom; and Printed Motor Works Ltd. of the United Kingdom. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation 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 requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. E:\FR\FM\07OCN1.SGM 07OCN1 63292 Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the Federal Register. Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (‘‘Docket No. 3498’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).1 Please note the Secretary’s Office will accept only electronic filings during this time. Filings must be made through the Commission’s Electronic Document Information System (EDIS, https://edis.usitc.gov.) No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at EDIS3Help@ usitc.gov. 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, 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. VerDate Sep<11>2014 17:21 Oct 06, 2020 Jkt 253001 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,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3 This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)). By order of the Commission. Issued: October 1, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–22104 Filed 10–6–20; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration Barbara D. Marino, M.D.; Decision and Order On June 12, 2020, the Assistant Administrator, Diversion Control Division, Drug Enforcement Administration (hereinafter, DEA or Government), issued an Order to Show Cause (hereinafter, OSC) to Barbara D. Marino, M.D. (hereinafter, Registrant), of Houston, Texas. Government’s Request for Final Agency Action Exhibit (hereinafter, RFAAX) 4 (OSC), at 1. The OSC proposed the revocation of Registrant’s Certificate of Registration No. BD0903244. It alleged that Registrant is without ‘‘authority to handle controlled substances in Texas, the state in which [Registrant] is registered with DEA.’’ Id. at 1–2 (citing 21 U.S.C. 802(21), 823(f), and 824(a)(3)). Specifically, the OSC alleged that Registrant’s state license to practice medicine in Texas has been temporarily suspended. Id. The OSC further alleged that, because Registrant’s Texas medical license is suspended, Registrant lacks the authority to handle controlled substances in Texas, and is, therefore, ineligible to maintain a DEA registration. Id. The OSC notified Registrant of the right to either request a hearing on the allegations or submit a written statement in lieu of exercising the right to a hearing, the procedures for electing 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 each option, and the consequences for failing to elect either option. Id. at 2 (citing 21 CFR 1301.43). The OSC also notified Registrant of the opportunity to submit a corrective action plan. Id. at 2– 3 (citing 21 U.S.C. 824(c)(2)(C)). I. Adequacy of Service A DEA Task Force Officer (hereinafter, TFO) declared that he personally served Registrant with the OSC on July 9, 2020. RFAAX 9, at 3 (Declaration of TFO). During the service of the OSC, Registrant signed a Form DEA–12 documenting Registrant’s acknowledgement that she had received the OSC. RFAAX 5; RFAAX 9, at 3. The Government forwarded its Request for Final Agency Action (hereinafter, RFAA), along with the evidentiary record, to this office on August 27, 2020. In its RFAA, the Government represents that ‘‘neither the [Houston Field Division] nor the DEA Office of Administrative Law Judges had received any written correspondence, telephonic communication, or any other communication from Registrant, or any representative on her behalf in response to the [OSC].’’ RFAA, at 4 (citing RFAAX 6 (Email from Office of Administrative Law Judges), 7 (Email from Houston Division Office), 9, and 10 (Declaration of DEA Diversion Investigator)). Based on the TFO’s Declaration, the Government’s written representations, and my review of the record, I find that the Government accomplished service of the OSC on Registrant on July 9, 2020. I also find that more than thirty days have now passed since the Government accomplished service of the OSC. Further, based on the Government’s written representations, I find that neither Registrant, nor anyone purporting to represent Registrant, requested a hearing, submitted a written statement while waiving Registrant’s right to a hearing, or submitted a corrective action plan. Accordingly, I find that Registrant has waived the right to a hearing and the right to submit a written statement and corrective action plan. 21 CFR 1301.43(d) and 21 U.S.C. 824(c)(2)(C). I, therefore, issue this Decision and Order based on the record submitted by the Government, which constitutes the entire record before me. 21 CFR 1301.43(e). II. Findings of Fact A. Registrant’s DEA Registration Registrant is the holder of DEA Certificate of Registration No. BD0903244 at the registered address of 8188 Long Point Road, Houston, Texas 77055. RFAAX 1 (Certificate of E:\FR\FM\07OCN1.SGM 07OCN1

Agencies

[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63291-63292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22104]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Automated Storage 
and Retrieval Systems, Robots, and Components Thereof, DN 3498; the 
Commission is soliciting comments on any public interest issues raised 
by the complaint or complainant's filing pursuant to the Commission's 
Rules of Practice and Procedure.

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (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 United States International Trade 
Commission (USITC) at https://www.usitc.gov. The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (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 has received a complaint and 
a submission pursuant to Sec.  210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of AutoStore Technology AS, 
AutoStore AS, and AutoStore System Inc. on October 1, 2020. The 
complaint alleges violations of section 337 of the Tariff Act of 1930 
(19 U.S.C. 1337) in the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain automated storage and retrieval systems, robots, 
and components thereof. The complaint names as respondents: Ocado Group 
Plc of the United Kingdom; Ocado Central Services Ltd. of the United 
Kingdom; Ocado Innovation Ltd. of the United Kingdom; Ocado Operating 
Ltd. of the United Kingdom; Ocado Solutions. Ltd. of the United 
Kingdom; Ocado Solutions USA Inc. of Tysons Corner, VA; Tharsus Group 
Ltd. of the United Kingdom; and Printed Motor Works Ltd. of the United 
Kingdom. The complainant requests that the Commission issue a limited 
exclusion order, cease and desist orders, and impose a bond upon 
respondents' alleged infringing articles during the 60-day Presidential 
review period pursuant to 19 U.S.C. 1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments on any public interest issues 
raised by the complaint or Sec.  210.8(b) filing. Comments should 
address whether issuance of the relief specifically requested by the 
complainant in this investigation 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 requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.

[[Page 63292]]

    Written submissions on the public interest must be filed no later 
than by close of business, eight calendar days after the date of 
publication of this notice in the Federal Register. There will be 
further opportunities for comment on the public interest after the 
issuance of any final initial determination in this investigation. Any 
written submissions on other issues must also be filed by no later than 
the close of business, eight calendar days after publication of this 
notice in the Federal Register. Complainant may file replies to any 
written submissions no later than three calendar days after the date on 
which any initial submissions were due. Any submissions and replies 
filed in response to this Notice are limited to five (5) pages in 
length, inclusive of attachments.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. Submissions 
should refer to the docket number (``Docket No. 3498'') in a prominent 
place on the cover page and/or the first page. (See Handbook for 
Electronic Filing Procedures, Electronic Filing Procedures).\1\ Please 
note the Secretary's Office will accept only electronic filings during 
this time. Filings must be made through the Commission's Electronic 
Document Information System (EDIS, https://edis.usitc.gov.) No in-
person paper-based filings or paper copies of any electronic filings 
will be accepted until further notice. Persons with questions regarding 
filing should contact the Secretary at [email protected].
---------------------------------------------------------------------------

    \1\ Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
---------------------------------------------------------------------------

    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,\2\ solely for 
cybersecurity purposes. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.\3\
---------------------------------------------------------------------------

    \2\ All contract personnel will sign appropriate nondisclosure 
agreements.
    \3\ Electronic Document Information System (EDIS): https://edis.usitc.gov.
---------------------------------------------------------------------------

    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of Sec. Sec.  
201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure 
(19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: October 1, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-22104 Filed 10-6-20; 8:45 am]
BILLING CODE 7020-02-P