Importer of Controlled Substances Application: Globyz Pharma, LLC; Correction, 3587 [2022-00852]
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Federal Register / Vol. 87, No. 15 / Monday, January 24, 2022 / Notices
Final ID in part. Specifically, the
Commission determined to review the
following issues: (1) The Final ID’s
finding that the accused products satisfy
the limitation ‘‘a second mode of
operation comprising the low voltage
event’’ of claims 1, 6, and 12 of the ’985
patent; (2) the Final ID’s finding that the
accused turbines having a doubly-fed
induction generator (‘‘DFIG’’) satisfy the
limitation ‘‘turbine controller causes the
blade pitch control system to vary the
pitch of the one or more blades’’ of
claims 1, 6, and 12 of the ’985 patent;
(3) the Final ID’s finding that certain
full-converter turbines with later
versions of software and DFIG Products
infringe claims 29, 30, 33–35, and 37 of
the ’985 patent; and (4) the Final ID’s
finding that the accused products satisfy
the limitation ‘‘during the entire
duration of and subsequent to a zero
voltage fault that lasts for an
undetermined period of time’’ of claim
1 of the ’705 patent. The Commission
also determined to take no position on
whether GE showed that the accused
products satisfy the limitation ‘‘during
the entire duration of and subsequent to
a zero voltage fault that lasts for an
undetermined period of time,’’ and
therefore affirmed the Final ID’s finding
of no violation as to claim 1 of the ’705
patent based on 35 U.S.C. 101. The
Commission did not review any other
findings presented in the final ID.
The Commission sought briefing from
the parties on six issues and requested
briefing from the parties, interested
government agencies, and interested
persons on remedy, bonding, and the
public interest. On December 7, 2021,
GE and SGRE filed their initial
submissions in response to the
Commission’s request for briefing. On
December 14, 2021, GE and SGRE filed
their reply submissions in response to
the Commission’s request for briefing.
The Commission also received
submissions from U.S. Representative
Paul Tonko; U.S. Representative
William Timmons; Senator Patrick
Leahy; Senator Tim Scott; Senators John
Hoeven, Kevin Cramer, and Kelly
Armstong; Senators Charles Grassley
and Joni Ernst; Governor Kim Reynolds
of Iowa; Governor Laura Kelly of
Kansas; RWE Renewables Americas,
LLC; Enel Green Power North America,
Inc.; Avangrid Renewables, LLC; Allete
Clean Energy; Clearway Energy Group,
LLC; Algonquin Power & Utilities Corp.;
and MidAmerican Energy Company.
Having examined the record of this
investigation, including the Final ID, the
petitions for review, responses, and
other submissions from the parties and
the public, the Commission has
determined that GE failed to show any
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accused SGRE products satisfies the
limitation ‘‘a second mode of operation
comprising the low voltage event’’
found in claims 1, 6, and 12 of the ’985
patent. The Commission has further
determined that GE failed to show that
the accused SGRE DFIG products satisfy
the limitation ‘‘turbine controller causes
the blade pitch control system to vary
the pitch of the one or more blades’’ of
claims 1, 6, and 12 of the ’985 patent.
Finally, the Commission finds that GE
showed that the accused full-converter
wind turbine generators with earlier
versions of software infringe claims 29,
30, 33–35, and 37 of the ’985 patent, but
that GE did not show that the accused
DFIG wind turbines generators or the
accused full-converter wind turbine
generators with later versions of
software infringed those claims. The
Commission therefore reverses the Final
ID’s finding that SGRE infringes claims
1, 6, and 12 of the ’985 patent, but finds
that GE showed infringement of claims
29, 30, 33–35, and 37 of the ’985 patent
by the accused full-converter wind
turbine generators with earlier versions
of software. Accordingly, the
Commission finds that GE has shown a
violation of section 337 by SGRE with
respect to claims 29, 30, 33–35, and 37
of the ’985 patent.
The Commission’s determinations are
explained more fully in the
accompanying Opinion. All other
findings in the ID under review that are
consistent with the Commission’s
determinations are affirmed.
The Commission has determined that
the appropriate form of relief in this
investigation is a limited exclusion
order with respect to SGRE prohibiting
the importation of certain variable speed
wind turbine generators and
components thereof that are covered by
one or more of claims 29, 30, 33–35, and
37 of the ’985 patent, and cease and
desist orders that prohibits SGRE from
further importing, selling, and
distributing those products in the
United States. The Commission has
further determined that the public
interest factors enumerated in
subsection 337(d)(1) and (f)(1) (19
U.S.C. 1337(d)(1) and (f)(1)) warrant an
exemption in both orders for the service
and repair of subject articles that were
sold to U.S. consumers as of the date of
the orders, but do not otherwise
preclude the issuance of the limited
exclusion order or the cease and desist
orders. Finally, the Commission has
determined that the bond for
importation during the period of
Presidential review shall be in the
amount of zero percent (0%) (i.e., no
bond) of the entered value of such
articles.
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3587
The Commission’s notice, order, and
opinion were delivered to the President
and to the United States Trade
Representative on the day of their
issuance. The Commission has also
notified the Secretary of the Treasury
and Customs and Border Protection of
the order. The investigation is hereby
terminated.
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: January 18, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022–01234 Filed 1–21–22; 8:45 am]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–875]
Importer of Controlled Substances
Application: Globyz Pharma, LLC;
Correction
Drug Enforcement
Administration, Justice.
AGENCY:
Notice of application;
correction.
ACTION:
The Drug Enforcement
Administration (DEA) published a
document in the Federal Register on
August 12, 2021, concerning a notice of
application. The document indicated
the approved drug code (1205—
Lisdexamfetamine) as a schedule I. The
correct drug schedule should read
schedule II.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of August 12,
2021, in FR Doc. 2021–17181 (86 FR
44405), on page 44406, in the first
column, in the controlled substance
table, correct the drug schedule to
schedule II.
Brian S. Besser,
Acting Assistant Administrator.
[FR Doc. 2022–00852 Filed 1–21–22; 8:45 am]
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24JAN1
Agencies
[Federal Register Volume 87, Number 15 (Monday, January 24, 2022)]
[Notices]
[Page 3587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00852]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-875]
Importer of Controlled Substances Application: Globyz Pharma,
LLC; Correction
AGENCY: Drug Enforcement Administration, Justice.
ACTION: Notice of application; correction.
-----------------------------------------------------------------------
SUMMARY: The Drug Enforcement Administration (DEA) published a document
in the Federal Register on August 12, 2021, concerning a notice of
application. The document indicated the approved drug code (1205--
Lisdexamfetamine) as a schedule I. The correct drug schedule should
read schedule II.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of August 12, 2021, in FR Doc. 2021-17181
(86 FR 44405), on page 44406, in the first column, in the controlled
substance table, correct the drug schedule to schedule II.
Brian S. Besser,
Acting Assistant Administrator.
[FR Doc. 2022-00852 Filed 1-21-22; 8:45 am]
BILLING CODE P