Importer of Controlled Substances Application: Bright Green Corporation, 72894-72895 [2024-20083]
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Federal Register / Vol. 89, No. 173 / Friday, September 6, 2024 / Notices
a recommended determination on
remedy and bond. The final ID found
that no violation of section 337 has
occurred in the importation into the
United States, the sale for importation,
or the sale within the United States after
importation, of certain video processing
devices and components thereof by
reason of infringement of claims 29, 30,
and 32 of the ’673 patent; claims 1 and
2 of the ’297 patent; claims 1, 2, 5, 6,
and 7 of the ’588 patent; and claims 11
and 17 of the ’553 patent.
The ID found that the accused
products do not infringe the asserted
claims of any of the asserted patents.
The ID also found that the domestic
industry requirement (both technical
and economic prongs) has not been
satisfied with respect to the ’673, ’297,
’588, and ’553 patents.
The ID further found that it has not
been shown by clear and convincing
evidence that the asserted claims of the
’673, ’297, ’588, and ’553 patents are
invalid.
On June 10, 2024, complainant DivX
filed ‘‘Complainant DivX, LLC’s Petition
for Review of the Initial Determination.’’
Likewise, on June 10, 2024, respondent
Amazon filed ‘‘Contingent Petition for
Review of May 29, 2024, Initial
Determination by Respondent
Amazon.com, Inc.’’ Subsequently, on
June 18, 2024, DivX filed ‘‘Complainant
DivX, LLC’s Response to Contingent
Petition for Review of May 29, 2024,
Initial Determination by Respondent
Amazon.com, Inc.,’’ and Amazon filed
‘‘Response to Complainant’s Petition for
Review of May 29, 2024 Initial
Determination by Respondent
Amazon.com, Inc.’’
Having examined the record in this
investigation, including the final ID, the
petitions for review, and the responses
thereto, the Commission has determined
to review in part the ID and, on review,
to affirm the final ID with the following
modifications. Specifically, the
Commission has determined to review
section IV of the final ID,
JURISDICTION (see ID at 15–16). On
review and as discussed more fully in
the Commission Opinions recently
issued in Inv. Nos. 337–TA–1355 and
337–TA–1362, the Commission clarifies
that the terms ‘‘subject matter
jurisdiction,’’ ‘‘personal jurisdiction,’’
and ‘‘in rem jurisdiction’’ are not
necessarily applicable to the
Commission’s investigative authority
under section 337. See Certain Liquid
Transfer Devices with an Integral Vial
Adapter, Inv. No. 337–TA–1362, Comm.
Op. at 9 (Jul. 26, 2024); Certain Compact
Wallets and Components Thereof, Inv.
No. 337–TA–1355, Comm. Op. at 11–12
(Aug. 13, 2024). The Commission is ‘‘a
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creature of statute.’’ Kyocera v. Int’l
Trade Comm’n, 545 F.3d 1340, 1355
(Fed. Cir. 2008). Accordingly, pursuant
to its enabling statute, the Commission
has statutory authority to investigate an
alleged violation of section 337 where a
complaint alleges that the named
respondents have imported, sold for
importation, or sold after importation
articles that, inter alia, infringe a valid
and enforceable U.S. patent. 19 U.S.C.
1337(a)(1)(B). The Commission likewise
has authority over accused products
based on their alleged importation, sale
for importation, or sale after importation
into the United States.
Second, the Commission has
determined to review the economic
prong of domestic industry requirement
in its entirety, and on review, affirm a
finding of no domestic industry under
modified reasoning. Specifically, on
review, the Commission finds that DivX
has failed to establish a domestic
industry based upon the finding that
DivX failed to satisfy the technical
prong of the domestic industry
requirement for the Asserted Patents (ID
at 39, 47, 69). When a section 337
investigation is based on allegations of
patent infringement, the complainant
must show that ‘‘an industry in the
United States, relating to the articles
protected by the patent . . . exists or is
in the process of being established.’’ 19
U.S.C. 1337(a)(2). Because there are no
articles protected by the Asserted
Patents, DivX failed to satisfy the
domestic industry requirement.
The Commission has also determined
to review sections VI.D (validity with
respect to the ’673 patent, ID at 47–53);
VII.D (validity with respect to the ’297
patent, ID at 69–84); VIII.D (validity
with respect to the ’553 patent, ID at
101–104); IX.D (validity with respect to
the ’588 patent, ID at 116–121), and X
(Amazon’s defenses, ID at 121–127), and
on review, the Commission takes no
position. See Beloit Corp. v. Valmet Oy,
742 F.2d 1421, 1423 (Fed. Cir. 1984).
Finally, the Commission notes a
typographical error in the third sentence
on page 1 of the final ID. The
Commission interprets that sentence to
mean:
The complaint alleges a violation of section
337 in the importation into the United States,
the sale for importation, or the sale within
the United States after importation of certain
video processing devices and components
thereof by reason of the infringement of
certain claims of U.S. Patent Nos. 8,832,297
(the ‘‘ ’297 patent’’); 7,295,673 (the ‘‘ ’673
patent’’); 10,225,588 (the ‘‘ ’588 patent’’);
11,102,553 (the ‘‘ ’553 patent’’); and
11,050,808 (‘‘the ’808 patent’’).
The Commission has determined not
to review the remainder of the ID,
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including the ID’s finding of no
violation of section 337 in this
investigation.
The investigation is hereby
terminated.
The Commission vote for this
determination took place on August 30,
2024.
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: August 30, 2024.
Sharon Bellamy,
Supervisory Hearings and Information
Officer.
[FR Doc. 2024–20067 Filed 9–5–24; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–1426]
Importer of Controlled Substances
Application: Bright Green Corporation
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
Bright Green Corporation has
applied to be registered as an importer
of basic class(es) of controlled
substance(s). Refer to Supplementary
Information listed below for further
drug information.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants therefore, may submit
electronic comments on or objections to
the issuance of the proposed registration
on or before October 7, 2024. Such
persons may also file a written request
for a hearing on the application on or
before October 7, 2024.
ADDRESSES: The Drug Enforcement
Administration requires that all
comments be submitted electronically
through the Federal eRulemaking Portal,
which provides the ability to type short
comments directly into the comment
field on the web page or attach a file for
lengthier comments. Please go to
https://www.regulations.gov and follow
the online instructions at that site for
submitting comments. Upon submission
of your comment, you will receive a
Comment Tracking Number. Please be
aware that submitted comments are not
instantaneously available for public
view on https://www.regulations.gov. If
you have received a Comment Tracking
SUMMARY:
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Federal Register / Vol. 89, No. 173 / Friday, September 6, 2024 / Notices
Number, your comment has been
successfully submitted and there is no
need to resubmit the same comment. All
requests for a hearing must 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. All requests for a hearing should
also be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152.
In
accordance with 21 CFR 1301.34(a), this
is notice that on July 30, 2024, Bright
Green Corporation, 1033 George Hanosh
Boulevard, Grants, New Mexico 87020,
applied to be registered as an importer
of the following basic class(es) of
controlled substance(s):
SUPPLEMENTARY INFORMATION:
Controlled substance
Drug code
Marihuana Extract ....................................................................................................................................................
Marihuana ................................................................................................................................................................
Tetrahydrocannabinols ............................................................................................................................................
The company plans to import tissue
culture that will be used to begin the
propagation of their bulk cannabis
manufacturing operation. No other
activities for these drug codes are
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 nonapproved finished dosage forms for
commercial sale.
Marsha L. Ikner,
Acting Deputy Assistant Administrator.
[FR Doc. 2024–20083 Filed 9–5–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–1425]
Importer of Controlled Substances
Application: Biopharmaceutical
Research Company
Drug Enforcement
Administration, Justice.
AGENCY:
ACTION:
Notice of application.
Biopharmaceutical Research
Company has applied to be registered as
an importer of basic class(es) of
controlled substance(s). Refer to
SUPPLEMENTARY INFORMATION listed
below for further drug information.
DATES: Registered bulk manufacturers of
the affected basic class(es), and
applicants, therefore, may submit
electronic comments on or objections to
the issuance of the proposed registration
on or before October 7, 2024. Such
persons may also file a written request
for a hearing on the application on or
before October 7, 2024.
ADDRESSES: The Drug Enforcement
Administration requires that all
comments be submitted electronically
through the Federal eRulemaking Portal,
which provides the ability to type short
comments directly into the comment
field on the web page or attach a file for
lengthier comments. Please go to
https://www.regulations.gov and follow
the online instructions at that site for
submitting comments. Upon submission
of your comment, you will receive a
Comment Tracking Number. Please be
aware that submitted comments are not
instantaneously available for public
SUMMARY:
In
accordance with 21 CFR 1301.34(a), this
is notice that on July 17, 2024,
Biopharmaceutical Research Company,
11045 Commercial Parkway, Castroville,
California 95012–3209, applied to be
registered as an importer of the
following basic class(es) of controlled
substance(s):
Drug code
lotter on DSK11XQN23PROD with NOTICES1
16:42 Sep 05, 2024
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is authorized under 21 U.S.C. 952(a)(2).
Authorization will not extend to the
import of Food and Drug
Administration-approved or nonapproved finished dosage forms for
commercial sale.
Marsha L. Ikner,
Acting Deputy Assistant Administrator.
[FR Doc. 2024–20085 Filed 9–5–24; 8:45 am]
BILLING CODE P
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I
I
I
SUPPLEMENTARY INFORMATION:
Marihuana Extract ....................................................................................................................................................
Marihuana ................................................................................................................................................................
Tetrahydrocannabinols ............................................................................................................................................
VerDate Sep<11>2014
7350
7360
7370
view on https://www.regulations.gov. If
you have received a Comment Tracking
Number, your comment has been
successfully submitted and there is no
need to resubmit the same comment. All
requests for a hearing must 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. All requests for a hearing should
also be sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152.
Controlled substance
The company plans to import
Marihuana Extract (7350), Marihuana
(7360) and Tetrahydrocannabinols
(7370) as flowering plants and cannabis
derivatives to support analytical
chemistry analyses, research and the
manufacturing of dosage forms for preclinical and clinical trials. No other
activities for these drug codes are
authorized for this registration.
Approval of permit applications will
occur only when the registrant’s
business activity is consistent with what
Schedule
Schedule
7350
7360
7370
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–1429]
Importer of Controlled Substances
Application: Cambridge Isotope
Laboratories, Inc.
Drug Enforcement
Administration, Justice.
ACTION: Notice of application.
AGENCY:
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]]>Agencies
[Federal Register Volume 89, Number 173 (Friday, September 6, 2024)]
[Notices]
[Pages 72894-72895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20083]
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DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA-1426]
Importer of Controlled Substances Application: Bright Green
Corporation
AGENCY: Drug Enforcement Administration, Justice.
ACTION: Notice of application.
-----------------------------------------------------------------------
SUMMARY: Bright Green Corporation has applied to be registered as an
importer of basic class(es) of controlled substance(s). Refer to
Supplementary Information listed below for further drug information.
DATES: Registered bulk manufacturers of the affected basic class(es),
and applicants therefore, may submit electronic comments on or
objections to the issuance of the proposed registration on or before
October 7, 2024. Such persons may also file a written request for a
hearing on the application on or before October 7, 2024.
ADDRESSES: The Drug Enforcement Administration requires that all
comments be submitted electronically through the Federal eRulemaking
Portal, which provides the ability to type short comments directly into
the comment field on the web page or attach a file for lengthier
comments. Please go to https://www.regulations.gov and follow the
online instructions at that site for submitting comments. Upon
submission of your comment, you will receive a Comment Tracking Number.
Please be aware that submitted comments are not instantaneously
available for public view on https://www.regulations.gov. If you have
received a Comment Tracking
[[Page 72895]]
Number, your comment has been successfully submitted and there is no
need to resubmit the same comment. All requests for a hearing must 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. All requests
for a hearing should also be sent to: Drug Enforcement Administration,
Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia
22152.
SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.34(a), this
is notice that on July 30, 2024, Bright Green Corporation, 1033 George
Hanosh Boulevard, Grants, New Mexico 87020, applied to be registered as
an importer of the following basic class(es) of controlled
substance(s):
------------------------------------------------------------------------
Controlled substance Drug code Schedule
------------------------------------------------------------------------
Marihuana Extract....................... 7350 I
Marihuana............................... 7360 I
Tetrahydrocannabinols................... 7370 I
------------------------------------------------------------------------
The company plans to import tissue culture that will be used to
begin the propagation of their bulk cannabis manufacturing operation.
No other activities for these drug codes are 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-approved finished
dosage forms for commercial sale.
Marsha L. Ikner,
Acting Deputy Assistant Administrator.
[FR Doc. 2024-20083 Filed 9-5-24; 8:45 am]
BILLING CODE P
