Advisory Committee on Appellate Rules; Hearing of the Judicial Conference, 80151 [2020-27278]
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
Commission filed a motion to stay the
SFO appeal pending reinstatement of
the SFO by the Commission or
resolution of any CIT appeal by the
Federal Circuit. On July 29, 2020, the
Federal Circuit granted the
Commission’s motion to stay the SFO
appeal until the suspension of the SFO
is lifted or until final disposition of the
CIT appeal.
Concurrently, on January 16, 2020,
the Commission instituted a
modification proceeding to determine
whether Wirtgen’s redesigned series
1810 machines infringe claim 19 of the
’693 patent. On August 31, 2020, the
Commission determined that Wirtgen’s
redesigned machines do not infringe
and issued modified remedial orders
exempting the redesigned machines
from the scope of the orders. Caterpillar
did not appeal the Commission’s noninfringement determination to the
Federal Circuit, and therefore, the
Commission’s non-infringement
determination is now final.
Consequently, on November 5, 2020, the
U.S. government moved to dismiss the
CIT appeal. On December 4, 2020, the
Federal Circuit dismissed the CIT
appeal.
In view of the Federal Circuit’s
dismissal of the CIT appeal, the
Commission has determined to institute
a rescission proceeding and to
permanently rescind the SFO. The
rescission proceeding is hereby
terminated.
The Commission’s vote for this
determination took place on December
7, 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: December 7, 2020.
Lisa Barton,
Secretary to the Commission.
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FOR FURTHER INFORMATION CONTACT:
On November 12, 2019, the Assistant
Administrator, Diversion Control
Division, Drug Enforcement
Administration (hereinafter,
Government), issued an Order to Show
Cause (hereinafter, OSC) to King Wong,
M.D. (hereinafter, Registrant). OSC, at 1.
The OSC proposed the revocation of
Registrant’s Certificate of Registration
No. AL1804409. Id. It alleged that
Registrant is without ‘‘authority to
handle controlled substances in
California, the state in which [Registrant
is] registered with the DEA.’’ Id. (citing
21 U.S.C. 823(f) and 824(a)(3)).
Specifically, the OSC alleged that
Registrant surrendered his medical
license pursuant to an agreement with
the Medical Board of California on
March 18, 2019, and that his license
remains surrendered. Id. at 1–2. The
OSC further alleged that because
Registrant surrendered his medical
license, Registrant lacks the authority to
handle controlled substances in the
State of California. Id. at 2.
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
each option, and the consequences for
failing to elect either option. Id. (citing
21 CFR 1301.43). The OSC also notified
Registrant of the opportunity to submit
a corrective action plan. Id. at 3 (citing
21 U.S.C. 824(c)(2)(C)).
A DEA Diversion Investigator
personally served Registrant with the
OSC on December 13, 2019, and
Registrant signed a DEA Form 12,
Receipt for Cash or Other Items, to
acknowledge his receipt of the OSC.
Request for Final Agency Action Exhibit
(hereinafter, RFAAX) 8, at 2–3
(Declaration of Diversion Investigator);
RFAAX 5 (DEA Form 12 signed by
Registrant). I 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. RFAAX 8, at 3;
RFAAX 6 (Emails regarding no
communication from Registrant).
Accordingly, I find that Registrant has
waived the right to a hearing and the
right to submit a written statement and
Rebecca A. Womeldorf, Secretary,
Committee on Rules of Practice and
Procedure of the Judicial Conference of
the United States, Thurgood Marshall
Federal Judiciary Building, One
Columbus Circle NE, Suite 7–300,
Washington, DC 20544, Telephone (202)
502–1820, RulesCommittee_Secretary@
ao.uscourts.gov.
SUPPLEMENTARY INFORMATION:
Announcements for this hearing were
previously published in 85 FR 48562.
Authority: 28 U.S.C. 2073.
Dated: December 8, 2020.
Rebecca A. Womeldorf,
Chief Counsel, Rules Committee Staff.
[FR Doc. 2020–27279 Filed 12–10–20; 8:45 am]
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JUDICIAL CONFERENCE OF THE
UNITED STATES
Advisory Committee on Appellate
Rules; Hearing of the Judicial
Conference
Advisory Committee on the
Federal Rules of Appellate Procedure,
Judicial Conference of the United States.
AGENCY:
Notice of Cancellation of Open
Hearing.
ACTION:
The following remote public
hearing on proposed amendments to the
Federal Rules of Appellate Procedure
has been canceled: Appellate Rules
Hearing on January 4, 2021.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Authority: 28 U.S.C. 2073.
Advisory Committee on the
Federal Rules of Bankruptcy Procedure,
Judicial Conference of the United States.
ACTION: Notice of Cancellation of Open
Hearing.
VerDate Sep<11>2014
DEPARTMENT OF JUSTICE
SUPPLEMENTARY INFORMATION:
Announcements for this hearing were
previously published in 85 FR 48562.
Advisory Committee on Bankruptcy
Rules; Hearing of the Judicial
Conference
AGENCY:
The following remote public
hearing on proposed amendments to the
Federal Rules of Bankruptcy Procedure
has been canceled: Bankruptcy Rules
Hearing on January 7, 2021.
SUMMARY:
Rebecca A. Womeldorf, Secretary,
Committee on Rules of Practice and
Procedure of the Judicial Conference of
the United States, Thurgood Marshall
Federal Judiciary Building, One
Columbus Circle NE, Suite 7–300,
Washington, DC 20544, Telephone (202)
502–1820, RulesCommittee_Secretary@
ao.uscourts.gov.
[FR Doc. 2020–27195 Filed 12–10–20; 8:45 am]
80151
Dated: December 8, 2020.
Rebecca A. Womeldorf,
Chief Counsel, Rules Committee Staff.
[FR Doc. 2020–27278 Filed 12–10–20; 8:45 am]
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King Wong, M.D.; Decision and Order
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Agencies
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Page 80151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27278]
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JUDICIAL CONFERENCE OF THE UNITED STATES
Advisory Committee on Appellate Rules; Hearing of the Judicial
Conference
AGENCY: Advisory Committee on the Federal Rules of Appellate Procedure,
Judicial Conference of the United States.
ACTION: Notice of Cancellation of Open Hearing.
-----------------------------------------------------------------------
SUMMARY: The following remote public hearing on proposed amendments to
the Federal Rules of Appellate Procedure has been canceled: Appellate
Rules Hearing on January 4, 2021.
FOR FURTHER INFORMATION CONTACT: Rebecca A. Womeldorf, Secretary,
Committee on Rules of Practice and Procedure of the Judicial Conference
of the United States, Thurgood Marshall Federal Judiciary Building, One
Columbus Circle NE, Suite 7-300, Washington, DC 20544, Telephone (202)
502-1820, [email protected].
SUPPLEMENTARY INFORMATION: Announcements for this hearing were
previously published in 85 FR 48562.
Authority: 28 U.S.C. 2073.
Dated: December 8, 2020.
Rebecca A. Womeldorf,
Chief Counsel, Rules Committee Staff.
[FR Doc. 2020-27278 Filed 12-10-20; 8:45 am]
BILLING CODE 2210-55-P