Certain Digital Video Receivers, Broadband Gateways, and Related Hardware and Software Components; Notice of a Commission Determination to Grant a Joint Motion To Terminate the Investigation in Its Entirety Based on a Settlement Agreement; Termination of the Investigation, 78362-78363 [2020-26685]
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Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1158]
Certain Digital Video Receivers,
Broadband Gateways, and Related
Hardware and Software Components;
Notice of a Commission Determination
to Grant a Joint Motion To Terminate
the Investigation in Its Entirety Based
on a Settlement Agreement;
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 grant a
joint motion terminating the
investigation as to Comcast Corporation,
Comcast Cable Communications, LLC,
Comcast Cable Communications
Management, LLC, and Comcast
Holdings Corporation (collectively,
‘‘Comcast’’), all of Philadelphia,
Pennsylvania, based on a settlement
agreement. The investigation is
terminated.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Clint Gerdine, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
708–2310. 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.
SUPPLEMENTARY INFORMATION: On May
29, 2019, the Commission instituted this
investigation based on a complaint filed
by Rovi Corporation and Rovi Guides,
Inc. (collectively, ‘‘Rovi’’), both of San
Jose, California. 84 FR 24814–15 (May
29, 2019). The complaint, as
supplemented, alleged violations of
section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, based upon
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain digital video
receivers, broadband gateways, and
related hardware and software
components by reason of infringement
of certain claims of U.S. Patent Nos.
VerDate Sep<11>2014
18:18 Dec 03, 2020
Jkt 253001
7,779,445 (‘‘the ’445 patent’’); 7,200,855
(‘‘the ’855 patent’’); 8,156,528 (‘‘the ’528
patent’’); 8,001,564 (‘‘the ’564 patent’’);
7,301,900 (‘‘the ’900 patent’’); and
7,386,871 (‘‘the ’871 patent’’). The
complaint further alleged the existence
of a domestic industry. The
Commission’s notice of investigation
named Comcast as respondents. The
Office of Unfair Import Investigations
(‘‘OUII’’) is partially participating in the
investigation. The ’528, ’855, and ’445
patents remain in the investigation and
the ’564, ’900, and ’871 patents have
been terminated from the investigation.
Order No. 18 (Sept. 30, 2019),
unreviewed by Comm’n Notice (Oct. 15,
2019).
On July 14, 2020, the ALJ issued a
written Markman Order. See Order No.
41 (Jul. 14, 2020).
On July 28, 2020, the ALJ issued the
final ID finding a violation of section
337 as to the ’528 and ’855 patents
based on infringement of the asserted
claims by Comcast’s accused products.
Specifically, the ID found that: (1)
Comcast’s accused products infringe
claims 13, 27, and 30 of the ’528 patent
and claims 60 and 63 of the ’855 patent;
(2) Comcast’s accused products do not
infringe asserted claim 5 of the ’445
patent; (3) the asserted claims of the
’528 and ’855 patents are not invalid; (4)
claims 5 and 15 of the ’445 patent are
invalid as anticipated under 35 U.S.C.
102(g)(2) by Comcast’s VOD Vision
System; and (5) Rovi has satisfied both
prongs of the domestic industry
requirement. The ALJ’s recommended
determination recommended the
issuance of a limited exclusion order
directed to Comcast’s infringing
products and cease and desist orders
directed to Comcast.
On August 10, 2020, Rovi petitioned,
and Comcast petitioned and
contingently petitioned, for review of
the final ID. On August 18, 2020, Rovi
and Comcast each filed a response in
opposition to the other party’s petition
for review.
On October 9, 2020, the Commission
determined to review the final ID in
part. Specifically, the Commission
determined to review: (1) Order No. 41’s
and the ID’s construction of the claim
limitations: ‘‘same functions,’’ ‘‘personal
video recorder device,’’ ‘‘personal video
recorder-compliant device,’’ ‘‘personal
video recorder functionality,’’ and ‘‘first
interactive television program guide
. . . are implemented’’ (‘‘where the first
interactive television program guide and
the second interactive program guide
. . . are distinctly implemented’’) of
asserted claims 13, 27, and 30 of the
’528 patent; (2) the ID’s finding that
Comcast’s Accused Products infringe
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
the asserted claims of the ’528 patent
and that the asserted claims are not
invalid; (3) the ID’s finding that Rovi
has satisfied the technical prong of the
domestic industry requirement with
respect to the ’528 patent; (4) the ID’s
identification of Comcast’s products that
infringe the asserted claims of the ’855
patent; (5) the ID’s finding that
Comcast’s redesigns for the ’855 patent
are not sufficiently fixed in design to
warrant adjudication; (6) the ID’s
finding that the Accused Products are
not ‘‘articles that infringe’’ claim 5 of
the ’445 patent; (7) the ID’s finding that
claims 5 and 15 of the ’445 patent are
invalid as anticipated under 35 U.S.C.
102(g)(2) by Comcast’s VOD Vision
System; (8) the ID’s finding that
Comcast has engaged in sales within the
United States after importation of
accused products in accordance with
section 337(a)(1)(B); and (9) the ID’s
finding that Rovi satisfied the economic
prong of the domestic industry
requirement. 85 FR 66357–58 (Oct. 19,
2020). The Commission determined not
to review the remainder of the final ID.
Id. The Commission also requested the
parties to respond to certain questions
concerning the issues under review with
respect to Order No. 41 and the final ID,
and requested written submissions on
the issues of remedy, the public interest,
and bonding from the parties and
interested non-parties. Id.
On October 23 and 30, 2020, Rovi and
Comcast each filed a brief and a reply
brief, respectively, on all issues for
which the Commission requested
written submissions. On the same dates,
OUII filed a brief and a reply brief on
remedy, the public interest, and
bonding.
On November 13, 2020, Rovi and
Comcast filed a joint motion, including
a memorandum in support thereof, to
terminate the investigation based on a
settlement agreement. There is no
opposition to the motion from any
party. Commission Rule 210.21(a)(2)
states in relevant part that ‘‘[a]ny party
may move at any time for an order to
terminate an investigation in whole or
in part as to any or all respondents on
the basis of a settlement, a licensing or
other agreement . . . .’’ 19 CFR
210.21(a)(2). Commission Rule 210.21(b)
governs termination by settlement, and
subsection (b)(1) provides that in order
for an investigation to be terminated on
the basis of a licensing or other
settlement agreement, the motion for
termination must include: (1) Copies of
the ‘‘licensing or other settlement
agreement,’’ including both a public and
a confidential version if necessary; (2)
any supplemental agreements; and (3)
‘‘a statement that there are no other
E:\FR\FM\04DEN1.SGM
04DEN1
78363
Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices
agreements, written or oral, express or
implied between the parties concerning
the subject matter of the investigation.’’
19 CFR 210.21(b)(1).
Consistent with Commission Rule
210.21(b)(1), redacted versions of a
patent license agreement and a
settlement agreement between Rovi and
Comcast were attached to the motion as
Exhibits 1 and 2 and the unredacted
agreements were filed separately under
a confidential header. The moving
parties submit that the agreements
resolve the allegations of infringement
against Comcast in the investigation.
Motion at 1. In further compliance with
Commission Rule 210.21(b)(1), the
motion contains a statement that there
are no other agreements, written or oral,
express or implied between the parties
concerning the subject matter of the
investigation. Id. at 2. The movants
submit that termination is in the interest
of the public and administrative
economy. Id. at 3.
Pursuant to Commission Rule
210.50(b)(2), the Commission finds no
evidence that terminating this
investigation will adversely affect the
public health and welfare, competitive
conditions in the U.S. economy, the
production of like or directly
competitive articles in the United
States, or U.S. customers. 19 CFR
210.50(b)(2). Moreover, the public
interest generally favors settlement to
avoid needless litigation and to
conserve public resources. See, e.g.,
Certain Semiconductor Devices,
Products Containing the Same, and
Components Thereof (II), Inv. No. 337–
TA–1177, Order No. 5 at 2 (Nov. 25,
2019), unreviewed by Comm’n Notice
(Dec. 20, 2019).
Accordingly, the Commission finds
that the joint motion for termination
satisfies Commission Rules 210.21(a)(2)
and (b)(1) (19 CFR 210.21(a)(2), (b)(1))
and that termination of the investigation
is not contrary to the public interest.
Accordingly, the Commission grants
the joint motion to terminate the
investigation in its entirety based on
settlement. The investigation is
terminated.
The Commission vote for this
determination took place on November
30, 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: November 30, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020–26685 Filed 12–3–20; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–751]
Importer of Controlled Substances
Application: Janssen Pharmaceuticals
Inc.
Drug Enforcement
Administration, Justice.
AGENCY:
ACTION:
Notice of application.
Janssen Pharmaceuticals Inc.
has applied to be registered as an
importer of basic class(es) of controlled
substance(s). Refer to Supplemental
Information listed below for further
drug information.
DATES: 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 January 4, 2021. Such persons
may also file a written request for a
hearing on the application on or before
January 4, 2021.
ADDRESSES: 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.
SUPPLEMENTARY INFORMATION: In
accordance with 21 CFR 1301.34(a), this
is notice that on November 11, 2020,
Janssen Pharmaceuticals Inc., 1440
Olympic Drive, Athens, Georgia 30601–
1645, applied to be registered as an
importer of the following basic class(es)
of controlled substance(s):
SUMMARY:
Controlled substance
Drug code
Thebaine ..................................................................................................................................................................
Poppy Straw Concentrate ........................................................................................................................................
Tapentadol ...............................................................................................................................................................
The company plans to import
intermediate forms of Tapentadol (9780)
and Thebaine (9333) for further
manufacturing prior to distribution to
its customers. The company plans to
import Poppy Straw Concentrate (9670)
to bulk manufacture other controlled
substances. No other activity for these
drug codes is authorized for this
registration.
Approval of permit applications will
occur only when the registrant’s
business activity is consistent with what
is authorized under 21 U.S.C. 952(a)(2).
Authorization will not extend to the
import of Food and Drug
Administration-approved or non-
VerDate Sep<11>2014
18:18 Dec 03, 2020
Jkt 253001
approved finished dosage forms for
commercial sale.
William T. McDermott,
Assistant Administrator.
[FR Doc. 2020–26653 Filed 12–3–20; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation and Liability
Act
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
9333
9670
9780
Schedule
II
II
II
On November 27, 2020, the
Department of Justice lodged a proposed
Consent Decree with the United States
District Court for the District of New
Jersey in the lawsuit entitled United
States et al. v. Unimatic Manufacturing,
Corp. et al., Civil Action No. 2:20-cv17284.
The proposed Consent Decree would
resolve claims the United States, New
Jersey Department of Environmental
Protection (‘‘NJDEP’’) and the
Administrator of the New Jersey Spill
Compensation Fund have brought
pursuant to Section 107 of the
Comprehensive Environmental
Response, Compensation, and Liability
E:\FR\FM\04DEN1.SGM
04DEN1
]]>Agencies
[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Notices]
[Pages 78362-78363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26685]
[[Page 78362]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1158]
Certain Digital Video Receivers, Broadband Gateways, and Related
Hardware and Software Components; Notice of a Commission Determination
to Grant a Joint Motion To Terminate the Investigation in Its Entirety
Based on a Settlement Agreement; 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 grant a joint motion terminating the
investigation as to Comcast Corporation, Comcast Cable Communications,
LLC, Comcast Cable Communications Management, LLC, and Comcast Holdings
Corporation (collectively, ``Comcast''), all of Philadelphia,
Pennsylvania, based on a settlement agreement. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. 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.
SUPPLEMENTARY INFORMATION: On May 29, 2019, the Commission instituted
this investigation based on a complaint filed by Rovi Corporation and
Rovi Guides, Inc. (collectively, ``Rovi''), both of San Jose,
California. 84 FR 24814-15 (May 29, 2019). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, based upon the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain digital video receivers, broadband
gateways, and related hardware and software components by reason of
infringement of certain claims of U.S. Patent Nos. 7,779,445 (``the
'445 patent''); 7,200,855 (``the '855 patent''); 8,156,528 (``the '528
patent''); 8,001,564 (``the '564 patent''); 7,301,900 (``the '900
patent''); and 7,386,871 (``the '871 patent''). The complaint further
alleged the existence of a domestic industry. The Commission's notice
of investigation named Comcast as respondents. The Office of Unfair
Import Investigations (``OUII'') is partially participating in the
investigation. The '528, '855, and '445 patents remain in the
investigation and the '564, '900, and '871 patents have been terminated
from the investigation. Order No. 18 (Sept. 30, 2019), unreviewed by
Comm'n Notice (Oct. 15, 2019).
On July 14, 2020, the ALJ issued a written Markman Order. See Order
No. 41 (Jul. 14, 2020).
On July 28, 2020, the ALJ issued the final ID finding a violation
of section 337 as to the '528 and '855 patents based on infringement of
the asserted claims by Comcast's accused products. Specifically, the ID
found that: (1) Comcast's accused products infringe claims 13, 27, and
30 of the '528 patent and claims 60 and 63 of the '855 patent; (2)
Comcast's accused products do not infringe asserted claim 5 of the '445
patent; (3) the asserted claims of the '528 and '855 patents are not
invalid; (4) claims 5 and 15 of the '445 patent are invalid as
anticipated under 35 U.S.C. 102(g)(2) by Comcast's VOD Vision System;
and (5) Rovi has satisfied both prongs of the domestic industry
requirement. The ALJ's recommended determination recommended the
issuance of a limited exclusion order directed to Comcast's infringing
products and cease and desist orders directed to Comcast.
On August 10, 2020, Rovi petitioned, and Comcast petitioned and
contingently petitioned, for review of the final ID. On August 18,
2020, Rovi and Comcast each filed a response in opposition to the other
party's petition for review.
On October 9, 2020, the Commission determined to review the final
ID in part. Specifically, the Commission determined to review: (1)
Order No. 41's and the ID's construction of the claim limitations:
``same functions,'' ``personal video recorder device,'' ``personal
video recorder-compliant device,'' ``personal video recorder
functionality,'' and ``first interactive television program guide . . .
are implemented'' (``where the first interactive television program
guide and the second interactive program guide . . . are distinctly
implemented'') of asserted claims 13, 27, and 30 of the '528 patent;
(2) the ID's finding that Comcast's Accused Products infringe the
asserted claims of the '528 patent and that the asserted claims are not
invalid; (3) the ID's finding that Rovi has satisfied the technical
prong of the domestic industry requirement with respect to the '528
patent; (4) the ID's identification of Comcast's products that infringe
the asserted claims of the '855 patent; (5) the ID's finding that
Comcast's redesigns for the '855 patent are not sufficiently fixed in
design to warrant adjudication; (6) the ID's finding that the Accused
Products are not ``articles that infringe'' claim 5 of the '445 patent;
(7) the ID's finding that claims 5 and 15 of the '445 patent are
invalid as anticipated under 35 U.S.C. 102(g)(2) by Comcast's VOD
Vision System; (8) the ID's finding that Comcast has engaged in sales
within the United States after importation of accused products in
accordance with section 337(a)(1)(B); and (9) the ID's finding that
Rovi satisfied the economic prong of the domestic industry requirement.
85 FR 66357-58 (Oct. 19, 2020). The Commission determined not to review
the remainder of the final ID. Id. The Commission also requested the
parties to respond to certain questions concerning the issues under
review with respect to Order No. 41 and the final ID, and requested
written submissions on the issues of remedy, the public interest, and
bonding from the parties and interested non-parties. Id.
On October 23 and 30, 2020, Rovi and Comcast each filed a brief and
a reply brief, respectively, on all issues for which the Commission
requested written submissions. On the same dates, OUII filed a brief
and a reply brief on remedy, the public interest, and bonding.
On November 13, 2020, Rovi and Comcast filed a joint motion,
including a memorandum in support thereof, to terminate the
investigation based on a settlement agreement. There is no opposition
to the motion from any party. Commission Rule 210.21(a)(2) states in
relevant part that ``[a]ny party may move at any time for an order to
terminate an investigation in whole or in part as to any or all
respondents on the basis of a settlement, a licensing or other
agreement . . . .'' 19 CFR 210.21(a)(2). Commission Rule 210.21(b)
governs termination by settlement, and subsection (b)(1) provides that
in order for an investigation to be terminated on the basis of a
licensing or other settlement agreement, the motion for termination
must include: (1) Copies of the ``licensing or other settlement
agreement,'' including both a public and a confidential version if
necessary; (2) any supplemental agreements; and (3) ``a statement that
there are no other
[[Page 78363]]
agreements, written or oral, express or implied between the parties
concerning the subject matter of the investigation.'' 19 CFR
210.21(b)(1).
Consistent with Commission Rule 210.21(b)(1), redacted versions of
a patent license agreement and a settlement agreement between Rovi and
Comcast were attached to the motion as Exhibits 1 and 2 and the
unredacted agreements were filed separately under a confidential
header. The moving parties submit that the agreements resolve the
allegations of infringement against Comcast in the investigation.
Motion at 1. In further compliance with Commission Rule 210.21(b)(1),
the motion contains a statement that there are no other agreements,
written or oral, express or implied between the parties concerning the
subject matter of the investigation. Id. at 2. The movants submit that
termination is in the interest of the public and administrative
economy. Id. at 3.
Pursuant to Commission Rule 210.50(b)(2), the Commission finds no
evidence that terminating this investigation will adversely affect the
public health and welfare, competitive conditions in the U.S. economy,
the production of like or directly competitive articles in the United
States, or U.S. customers. 19 CFR 210.50(b)(2). Moreover, the public
interest generally favors settlement to avoid needless litigation and
to conserve public resources. See, e.g., Certain Semiconductor Devices,
Products Containing the Same, and Components Thereof (II), Inv. No.
337-TA-1177, Order No. 5 at 2 (Nov. 25, 2019), unreviewed by Comm'n
Notice (Dec. 20, 2019).
Accordingly, the Commission finds that the joint motion for
termination satisfies Commission Rules 210.21(a)(2) and (b)(1) (19 CFR
210.21(a)(2), (b)(1)) and that termination of the investigation is not
contrary to the public interest.
Accordingly, the Commission grants the joint motion to terminate
the investigation in its entirety based on settlement. The
investigation is terminated.
The Commission vote for this determination took place on November
30, 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: November 30, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020-26685 Filed 12-3-20; 8:45 am]
BILLING CODE 7020-02-P
