Certain Mobile Electronic Devices and Laptop Computers; Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of Investigation, 19641-19642 [2021-07642]

Download as PDF jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Notices 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. 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. No other submissions will be accepted, unless requested by the Commission. 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. 3543’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing VerDate Sep<11>2014 17:22 Apr 13, 2021 Jkt 253001 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 paperbased 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, 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: April 9, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–07647 Filed 4–13–21; 8:45 am] BILLING CODE 7020–02–P 1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_ filing_procedures.pdf. 2 All contract personnel will sign appropriate nondisclosure agreements. 3 Electronic Document Information System (EDIS): https://edis.usitc.gov. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 19641 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1215] Certain Mobile Electronic Devices and Laptop Computers; Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation Based on Settlement; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (‘‘ID’’) (Order No. 15) of the presiding administrative law judge (‘‘ALJ’’) granting complainant and respondent’s joint motion to terminate the investigation in its entirety based on settlement. The investigation is terminated. SUMMARY: 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. SUPPLEMENTARY INFORMATION: On August 24, 2020, the Commission instituted this investigation based on a complaint filed by Maxell, Ltd. (‘‘Maxell’’) of Japan. 85 FR 52153–54 (Aug. 24, 2020). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), based on the importation into the United States, the sale for importation, or the sale within the United States after importation of certain mobile electronic devices and laptop computers by reason of infringement of certain claims of U.S. Patent Nos. 7,203,517; 8,982,086 (‘‘the ’086 patent’’); 7,199,821 (‘‘the ’821 patent’’); 10,129,590 (‘‘the ’590 patent’’); and 10,176,848 (‘‘the ’848 patent’’). Id. at 52153. The complaint further alleges that a domestic industry exists. Id. The notice of investigation named as E:\FR\FM\14APN1.SGM 14APN1 19642 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Notices jbell on DSKJLSW7X2PROD with NOTICES respondent Apple Inc. (‘‘Apple’’) of Cupertino, California. Id. The Office of Unfair Import Investigations (‘‘OUII’’) is also named as a party. Id. On February 24, 2021, the Commission determined to terminate the investigation as to the ’848 patent based on withdrawal of the allegations in the complaint as to that patent. Order No. 9 (Feb. 9, 2021), unreviewed by Comm’n Notice (Feb. 24, 2021). On March 15, 2021, the Commission determined to terminate the investigation as to (i) claims 3 and 5–10 of the ’590 patent, (ii) claim 3 of the ’086 patent, (iii) all asserted claims of the ’590 and ’821 patents with respect to Apple’s MacOS products only, and (iv) Apple’s affirmative defense of lack of standing based on the private parties’ withdrawal of their respective allegations in the complaint and answer as to those issues. Order No. 14 (Feb. 19, 2021), unreviewed by Comm’n Notice (Mar. 15, 2021). On March 25, 2021, Maxell and Apple filed a joint motion to terminate the investigation in its entirety based on settlement. That same day, OUII filed a response in support of the motion. On March 29, 2021, the ALJ issued the subject ID granting the motion. The ID finds that the motion complies with the requirements of Commission Rule 210.21(b) (19 CFR 210.21(b)) and that ‘‘the public interest generally favors settlement to avoid needless litigation and to conserve public resources.’’ ID at 2. No petitions for review of the subject ID were filed. The Commission has determined not to review the subject ID. The investigation is hereby terminated in its entirety. The Commission vote for this determination took place on April 9, 2021. 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 9, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–07642 Filed 4–13–21; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 17:22 Apr 13, 2021 Jkt 253001 JUDICIAL CONFERENCE OF THE UNITED STATES Advisory Committee on Evidence Rules; Meeting of the Judicial Conference Judicial Conference of the United States. ACTION: Advisory Committee on Evidence Rules; revised notice of open meeting. AGENCY: The Advisory Committee on Evidence Rules will hold a virtual meeting on April 30, 2021 starting at 9:30 a.m. (Eastern) rather than 10:00 a.m. The meeting is open to the public. When a meeting is held virtually, members of the public may join by telephone or videoconference to observe but not participate. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at: https://www.uscourts.gov/rulespolicies/records-and-archives-rulescommittees/agenda-books. The announcement for this meeting was previously published in the Federal Register on January 22, 2021. DATES: April 30, 2021, 9:30 a.m.—5 p.m. (Eastern). FOR FURTHER INFORMATION CONTACT: Julie Wilson, Esq., Acting Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7–300, Washington, DC 20544, Phone (202) 502–1820, RulesCommittee_Secretary@ ao.uscourts.gov. SUMMARY: Authority: 28 U.S.C. 2073. Dated: April 9, 2021. Shelly L. Cox, Management Analyst, Rules Committee Staff. [FR Doc. 2021–07640 Filed 4–13–21; 8:45 am] BILLING CODE 2210–55–P DEPARTMENT OF JUSTICE Notice of Lodging of Proposed Consent Judgments Under The Comprehensive Environmental Response, Compensation, and Liability Act On April 9, 2021, the Department of Justice lodged two proposed Consent Judgments with the United States District Court for the Eastern District of New York in a lawsuit entitled United States v. IMC Eastern Corp. and Island Transportation Corp., Civil Action No. 18–3818. In this action, the United States seeks, as provided under the Comprehensive Environmental Response, PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 Compensation, and Liability Act (‘‘CERCLA’’), recovery of response costs from two parties regarding the New Cassel/Hicksville Groundwater Contamination Superfund Site in the Towns of Hempstead, North Hempstead, and Oyster Bay, in Nassau County, New York (‘‘the Site’’). The proposed Consent Judgments resolve the United States’ claims against IMC Eastern Corp. and Island Transportation Corp. (the ‘‘Settling Parties’’) for past response costs at the Site. Under the proposed Consent Judgments, the Environmental Protection Agency (‘‘EPA’’) will receive $1,000,000 from IMC Eastern Corp. and $687,500 from Island Transportation Corp. The settlements provide, in exchange for the above payments, a covenant not to sue by EPA or to take administrate action against the Settling Parties pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), regarding the Site; 570 Main Street, Westbury, New York (with respect to IMC Eastern Corp.); and 299 Main Street, Westbury, New York (with respect to Island Transportation Corp.). The proposed Consent Judgments provide each of the two Settling Parties with protection from contribution claims as provided by Section 113(f)(2) of CERCLA, 42 U.S.C. 9613(f)(2), for the matters addressed by the settlements. The proposed Consent Judgments further request dismissal of all outstanding third- and fourth-party contribution claims filed in United States v. IMC Eastern Corp. and Island Transportation Corp., Civil Action No. 18–3818. The publication of this notice opens a period for public comment on the proposed Consent Judgments. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. IMC Eastern Corp. and Island Transportation Corp., Civil Action No. 18–3818, D.J. Ref. No. 90–11–3–11089/ 1. All comments must be submitted no later than 30 days after the publication date of this notice. Comments may be submitted either by email or by mail: To submit comments: Send them to: By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. By mail ......... During the public comment period, the Consent Judgments may be examined and downloaded at this E:\FR\FM\14APN1.SGM 14APN1

Agencies

[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Notices]
[Pages 19641-19642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07642]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1215]


Certain Mobile Electronic Devices and Laptop Computers; Notice of 
Commission Determination Not to Review an Initial Determination 
Terminating the Investigation Based on Settlement; Termination of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 15) of the presiding administrative law judge 
(``ALJ'') granting complainant and respondent's joint motion to 
terminate the investigation in its entirety based on settlement. The 
investigation is terminated.

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.

SUPPLEMENTARY INFORMATION: On August 24, 2020, the Commission 
instituted this investigation based on a complaint filed by Maxell, 
Ltd. (``Maxell'') of Japan. 85 FR 52153-54 (Aug. 24, 2020). The 
complaint alleges violations of section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337), based on the importation into the United 
States, the sale for importation, or the sale within the United States 
after importation of certain mobile electronic devices and laptop 
computers by reason of infringement of certain claims of U.S. Patent 
Nos. 7,203,517; 8,982,086 (``the '086 patent''); 7,199,821 (``the '821 
patent''); 10,129,590 (``the '590 patent''); and 10,176,848 (``the '848 
patent''). Id. at 52153. The complaint further alleges that a domestic 
industry exists. Id. The notice of investigation named as

[[Page 19642]]

respondent Apple Inc. (``Apple'') of Cupertino, California. Id. The 
Office of Unfair Import Investigations (``OUII'') is also named as a 
party. Id.
    On February 24, 2021, the Commission determined to terminate the 
investigation as to the '848 patent based on withdrawal of the 
allegations in the complaint as to that patent. Order No. 9 (Feb. 9, 
2021), unreviewed by Comm'n Notice (Feb. 24, 2021). On March 15, 2021, 
the Commission determined to terminate the investigation as to (i) 
claims 3 and 5-10 of the '590 patent, (ii) claim 3 of the '086 patent, 
(iii) all asserted claims of the '590 and '821 patents with respect to 
Apple's MacOS products only, and (iv) Apple's affirmative defense of 
lack of standing based on the private parties' withdrawal of their 
respective allegations in the complaint and answer as to those issues. 
Order No. 14 (Feb. 19, 2021), unreviewed by Comm'n Notice (Mar. 15, 
2021).
    On March 25, 2021, Maxell and Apple filed a joint motion to 
terminate the investigation in its entirety based on settlement. That 
same day, OUII filed a response in support of the motion.
    On March 29, 2021, the ALJ issued the subject ID granting the 
motion. The ID finds that the motion complies with the requirements of 
Commission Rule 210.21(b) (19 CFR 210.21(b)) and that ``the public 
interest generally favors settlement to avoid needless litigation and 
to conserve public resources.'' ID at 2. No petitions for review of the 
subject ID were filed.
    The Commission has determined not to review the subject ID. The 
investigation is hereby terminated in its entirety.
    The Commission vote for this determination took place on April 9, 
2021.
    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 9, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-07642 Filed 4-13-21; 8:45 am]
BILLING CODE 7020-02-P


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