80 FR 45232 - Certain Communications or Computing Devices and Components Thereof Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based Upon Settlement; Termination of Investigation; and Vacatur of Order No. 34
INTERNATIONAL TRADE COMMISSION Federal Register Volume 80, Issue 145 (July 29, 2015)
Federal Register Volume 80, Issue 145 (July 29, 2015)
| Page Range | 45232-45233 | |
| FR Document | 2015-18485 |
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)] [Notices] [Pages 45232-45233] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18485] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-925] Certain Communications or Computing Devices and Components Thereof Commission Determination Not To Review an Initial Determination Terminating the Investigation in Its Entirety Based Upon Settlement; Termination of Investigation; and Vacatur of Order No. 34 AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that the presiding administrative law judge has issued a final initial determination and recommended determination on remedy and bonding in the above-captioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order against certain marine sonar imaging systems, products containing the same, and components thereof, imported by respondents Garmin International, Inc.; Garmin North America, Inc.; Garmin USA, Inc., each of Olathe, Kansas, and Garmin Corporation of New Taipei City, Taiwan, and a cease and desist order against the domestic respondents. This notice is soliciting public interest comments from the public only. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4). FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3042. The public version of the complaint can be accessed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on EDIS at http://edis.usitc.gov. Hearing- impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on August 21, 2014, based on a Complaint filed by Enterprise Systems Technologies S.a.r.l. of Luxembourg (``Enterprise''). 79 FR 49537-38 (Aug. 21, 2014). The Complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain communications or computing devices and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,691,302 (``the '302 patent''); 5,870,610; 6,594,366; and 7,454,201. The notice of investigation named the following respondents: HTC Corporation of Taoyuan, Taiwan; HTC America, Inc. of Bellevue, Washington; LG Electronics Inc. of Seoul, Republic of Korea; LG Electronics USA, Inc. of Englewood Cliffs, New Jersey; LG Electronics MobileComm U.S.A., Inc. of San Diego, California; Samsung Electronics Co. Ltd. of Seoul, Republic of Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; Samsung Telecommunications America, LLC of Richardson, Texas (collectively, ``Remaining Respondents''); Apple Inc. of Cupertino, California (``Apple''); and Cirrus Logic Inc. of Austin, Texas (``Cirrus''). The Office of Unfair Import Investigations was also named as a party to the investigation. On September 9, 2014, the ALJ issued an initial determination, Order No. 6, granting intervenor status to Google Inc. of Mountain View, California (``Google''). On March 9, 2015, the ALJ issued an ID, Order No. 20, terminating the investigation as to Cirrus. On June 5, 2015, the ALJ issued an ID, Order No. 37, terminating the investigation as to Apple. The Commission determined not to review those IDs. On May 21, 2015, the ALJ issued Order No. 34, an initial determination terminating the '302 patent from the investigation based upon a lack of standing. Enterprise filed a petition for review on May 28, 2015. The parties subsequently moved for a 60-day extension to file any further briefing on the issue. The Commission granted the motion on June 1, 2015, and extended the date for determining whether to review Order No. 34 to August 21, 2015. Thus, Order No. 34 remains outstanding. [[Page 45233]] On June 22, 2015, Enterprise, Remaining Respondents, and Google jointly moved to terminate the investigation in its entirety based upon settlement. On June 29, 2015, the Commission investigative attorney filed a response in support of the motion. No other responses to the motion were received. The ALJ issued the subject ID on July 1, 2015, and a corrected version on July 17, 2015, granting the joint motion for termination. The ALJ found that the settlement agreement satisfies the requirements of Commission Rule 210.21(b). She further found, pursuant to Commission Rule 210.50(b)(2), that there is no indication that termination of the investigation would adversely impact the public interest. No one petitioned for review of the ID. The Commission has determined not to review the ID as corrected. In light of the settlement, the Commission has determined to vacate Order No. 34 as moot. 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: July 23, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015-18485 Filed 7-28-15; 8:45 am] BILLING CODE 7020-02-P
![45232 Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices
instead, has prepared an environmental Dated: June 18, 2015. edis.usitc.gov. Hearing-impaired
assessment (EA) for the GMP (GMP/EA). Jonathan Meade, persons are advised that information on
Deputy Regional Director, Northeast Region, this matter can be obtained by
DATES: The GMP/EA is expected to be
National Park Service. contacting the Commission’s TDD
distributed for public review and terminal on (202) 205–1810.
[FR Doc. 2015–18592 Filed 7–28–15; 8:45 am]
comment during the summer of 2015.
The NPS will provide information on BILLING CODE 4310–WV–P SUPPLEMENTARY INFORMATION: The
when the GMP/EA will be released for Commission instituted this investigation
public review, the dates of the public on August 21, 2014, based on a
comment period, and the dates that INTERNATIONAL TRADE Complaint filed by Enterprise Systems
public meetings will be held on the COMMISSION Technologies S.a.r.l. of Luxembourg
park’s planning Web site at http:// (‘‘Enterprise’’). 79 FR 49537–38 (Aug.
[Investigation No. 337–TA–925]
parkplanning.nps.gov/mava and 21, 2014). The Complaint alleges
through local and regional media. Certain Communications or Computing violations of section 337 of the Tariff
Devices and Components Thereof Act of 1930, as amended, 19 U.S.C.
ADDRESSES: Refer to the park’s planning Commission Determination Not To 1337, in the importation into the United
Web site at http://parkplanning.nps. Review an Initial Determination States, the sale for importation, and the
gov/mava for additional information on Terminating the Investigation in Its sale within the United States after
where and how to obtain a copy of the Entirety Based Upon Settlement; importation of certain communications
GMP/EA, how to comment on the GMP/ Termination of Investigation; and or computing devices and components
EA, and locations of upcoming public Vacatur of Order No. 34 thereof by reason of infringement of
meetings. certain claims of U.S. Patent Nos.
AGENCY: U.S. International Trade 6,691,302 (‘‘the ’302 patent’’); 5,870,610;
FOR FURTHER INFORMATION CONTACT: Jim Commission. 6,594,366; and 7,454,201. The notice of
O’Connell, Project Manager; NPS/ ACTION: Notice. investigation named the following
Northeast Region; 15 State Street; respondents: HTC Corporation of
Boston, MA 02019 or Sarah Olson, SUMMARY: Notice is hereby given that Taoyuan, Taiwan; HTC America, Inc. of
Superintendent; Martin Van Buren the presiding administrative law judge Bellevue, Washington; LG Electronics
NHS; 1013 Old Post Road; Kinderhook, has issued a final initial determination Inc. of Seoul, Republic of Korea; LG
NY 12106. and recommended determination on Electronics USA, Inc. of Englewood
remedy and bonding in the above- Cliffs, New Jersey; LG Electronics
SUPPLEMENTARY INFORMATION: The GMP
captioned investigation. The MobileComm U.S.A., Inc. of San Diego,
for Martin Van Buren National Historic
Commission is soliciting comments on California; Samsung Electronics Co. Ltd.
Site will provide long-term guidance for
public interest issues raised by the of Seoul, Republic of Korea; Samsung
resource management, visitor services,
recommended relief, specifically a Electronics America, Inc. of Ridgefield
and interpretive programming. The limited exclusion order against certain
three GMP alternatives evaluated in the Park, New Jersey; Samsung
marine sonar imaging systems, products Telecommunications America, LLC of
GMP/EA focus on management of lands containing the same, and components
added to the park in 2009, maintaining Richardson, Texas (collectively,
thereof, imported by respondents ‘‘Remaining Respondents’’); Apple Inc.
and protecting resources, visitor use, Garmin International, Inc.; Garmin
facilities, access, interpretation, and of Cupertino, California (‘‘Apple’’); and
North America, Inc.; Garmin USA, Inc., Cirrus Logic Inc. of Austin, Texas
NPS operations in the park as a whole. each of Olathe, Kansas, and Garmin
GMP planning and alternatives (‘‘Cirrus’’). The Office of Unfair Import
Corporation of New Taipei City, Investigations was also named as a party
development incorporated input from Taiwan, and a cease and desist order to the investigation.
park partners and cooperators; against the domestic respondents. This On September 9, 2014, the ALJ issued
participants in local community notice is soliciting public interest an initial determination, Order No. 6,
meetings; consultation with local, comments from the public only. Parties granting intervenor status to Google Inc.
regional, and national government are to file public interest submissions of Mountain View, California
agencies; and comments gathered at a pursuant to 19 CFR 210.50(a)(4). (‘‘Google’’). On March 9, 2015, the ALJ
2009 public scoping session. The public
FOR FURTHER INFORMATION CONTACT: issued an ID, Order No. 20, terminating
was informed about the process and
Panyin A. Hughes, Office of the General the investigation as to Cirrus. On June
invited to participate through
Counsel, U.S. International Trade 5, 2015, the ALJ issued an ID, Order No.
newsletters, emails, letters, and
Commission, 500 E Street SW., 37, terminating the investigation as to
response cards.
Washington, DC 20436, telephone (202) Apple. The Commission determined not
The GMP was originally scoped as an 205–3042. The public version of the to review those IDs.
EIS; however, internal discussions and complaint can be accessed on the On May 21, 2015, the ALJ issued
input received during public and agency Commission’s electronic docket (EDIS) Order No. 34, an initial determination
scoping did not raise any potentially at http://edis.usitc.gov, and will be terminating the ’302 patent from the
significant environmental issues nor has available for inspection during official investigation based upon a lack of
the impact analysis identified any business hours (8:45 a.m. to 5:15 p.m.) standing. Enterprise filed a petition for
potentially significant adverse impacts. in the Office of the Secretary, U.S. review on May 28, 2015. The parties
It is also noted that many of the actions International Trade Commission, 500 E subsequently moved for a 60-day
tkelley on DSK3SPTVN1PROD with NOTICES
proposed in the GMP/EA will have Street SW., Washington, DC 20436, extension to file any further briefing on
benefits to the park’s resources, telephone (202) 205–2000. General the issue. The Commission granted the
operational needs, and visitor information concerning the Commission motion on June 1, 2015, and extended
experiences. For these reasons the NPS may also be obtained by accessing its the date for determining whether to
determined that an EA is the Internet server (http://www.usitc.gov). review Order No. 34 to August 21, 2015.
appropriate level of environmental The public record for this investigation Thus, Order No. 34 remains
review for the GMP. may be viewed on EDIS at http:// outstanding.
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![Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices 45233
On June 22, 2015, Enterprise, Washington, DC 20436, telephone 202– By order of the Commission.
Remaining Respondents, and Google 205–2661. Copies of non-confidential Issued: July 24, 2015.
jointly moved to terminate the documents filed in connection with this Lisa R. Barton,
investigation in its entirety based upon investigation are or will be available for Secretary to the Commission.
settlement. On June 29, 2015, the inspection during official business [FR Doc. 2015–18578 Filed 7–28–15; 8:45 am]
Commission investigative attorney filed hours (8:45 a.m. to 5:15 p.m.) in the BILLING CODE 7020–02–P
a response in support of the motion. No Office of the Secretary, U.S.
other responses to the motion were International Trade Commission, 500 E
received. Street SW., Washington, DC 20436,
DEPARTMENT OF JUSTICE
The ALJ issued the subject ID on July telephone 202–205–2000. General
1, 2015, and a corrected version on July information concerning the Commission Antitrust Division
17, 2015, granting the joint motion for may also be obtained by accessing its
termination. The ALJ found that the Internet server (http://www.usitc.gov). Notice Pursuant to the National
settlement agreement satisfies the The public record for this investigation Cooperative Research and Production
requirements of Commission Rule may be viewed on the Commission’s Act of 1993—Members of SGIP 2.0, Inc.
210.21(b). She further found, pursuant electronic docket (EDIS) at http://
edis.usitc.gov. Hearing-impaired Notice is hereby given that, on June
to Commission Rule 210.50(b)(2), that
persons are advised that information on 29, 2015, pursuant to Section 6(a) of the
there is no indication that termination
this matter can be obtained by National Cooperative Research and
of the investigation would adversely
contacting the Commission’s TDD Production Act of 1993, 15 U.S.C. 4301
impact the public interest. No one
terminal on 202–205–1810. et seq. (‘‘the Act’’), Members of SGIP
petitioned for review of the ID.
2.0, Inc. (‘‘MSGIP 2.0’’) has filed written
The Commission has determined not SUPPLEMENTARY INFORMATION: The
notifications simultaneously with the
to review the ID as corrected. In light of Commission instituted this investigation
Attorney General and the Federal Trade
the settlement, the Commission has on September 29, 2014, based on a
Commission disclosing changes in its
determined to vacate Order No. 34 as complaint filed by Advanced Research
membership. The notifications were
moot. Corporation of White Bear Lake,
filed for the purpose of extending the
The authority for the Commission’s Minnesota (‘‘ARC’’). 79 FR 58382–83
Act’s provisions limiting the recovery of
determination is contained in section (Sept. 29, 2014). The complaint alleged
antitrust plaintiffs to actual damages
337 of the Tariff Act of 1930, as violations of section 337 of the Tariff
under specified circumstances.
amended (19 U.S.C. 1337), and in Part Act of 1930, as amended (19 U.S.C.
Specifically, National Energy
210 of the Commission’s Rules of 1337), based on infringement of five
Technology Laboratory (NETL),
Practice and Procedure (19 CFR part U.S. patents. The notice of investigation,
Morgantown, WV; Open Geospatial
210). as amended, named the following
Consortium (OGC), Wayland, MA;
By order of the Commission. respondents: Fujifilm Holdings
OMNETRIC Corp., Minnetonka, MN;
Corporation of Tokyo, Japan; Fujifilm
Issued: July 23, 2015. National Instruments, Austin, TX; Opus
Corporation of Tokyo, Japan; Fujifilm
Lisa R. Barton, One Solutions, Richmond Hill, Ontario,
Recording Media USA, Inc., of Bedford,
Secretary to the Commission. CANADA; ITOCHU Corporation, Tokyo,
Massachusetts; Oracle Corporation of
[FR Doc. 2015–18485 Filed 7–28–15; 8:45 am] JAPAN; GridIntellect LLC, Madison, AL;
Redwood Shores, California; Oracle
Inman Technology, Cambridge, MA;
BILLING CODE 7020–02–P America, Inc., of Redwood Shores,
Xtensible Solutions, Greenwood Village,
California; and International Business
Machines Corp. of Armonk, New York. CO; and Southern California Edison
INTERNATIONAL TRADE The Office of Unfair Import (SCE), Westminster, CA, have been
COMMISSION Investigations was also named as a added as parties to this venture.
Also, Kyocera Telecommunications
[Investigation No. 337–TA–931] party. Id. at 58383; 79 FR 78905 (Dec.
Research Center (KTRC), Fremont, CA;
31, 2014).
On June 19, 2015, ARC and all The Associated General Contractors of
Certain Formatted Magnetic Data
respondents filed a joint motion to America, Arlington, VA; RCES Center
Storage Tapes and Cartridges
terminate the investigation based on a from Univ. of Texas at El Paso, El Paso,
Containing Same; Commission
settlement agreement between ARC and TX; Arizona Public Service Company,
Determination Not To Review an Initial
all respondents. On June 26, 2015, the Phoenix, AZ; California Independent
Determination Terminating the
Commission investigative attorney filed System Operator Corporation, Folsom,
Investigation Based on Settlement
a response supporting the motion. CA; CenterPoint Energy Houston
AGENCY: U.S. International Trade On June 29, 2015, the ALJ issued the Electric, Houston, TX; Clevest
Commission. subject ID, granting the motion to Solutions, Inc., Richmond, British
ACTION: Notice. terminate the investigation. The ALJ Columbia, CANADA; Coordinated
found that the motion complied with Science Laboratory—University of
SUMMARY: Notice is hereby given that Commission Rules and that termination Illinois, Urbana, IL; HomePlug
the U.S. International Trade would be in the public interest. No Powerline Alliance, Inc., Beaverton, OR;
Commission has determined not to petitions for review of the ID were filed. India Smart Grid Forum (ISGF), New
review an initial determination (‘‘ID’’) The Commission has determined not Delhi, INDIA; Kottage Industries LLC,
(Order No. 19) by the presiding to review the ID. Worthington, OH; Mitsubishi Electric
tkelley on DSK3SPTVN1PROD with NOTICES
administrative law judge (‘‘ALJ’’) The authority for the Commission’s Research Labs, Cambridge, MA;
terminating the above-captioned determination is contained in section MobiComm Communications, The
investigation based on settlement. 337 of the Tariff Act of 1930, as Hague, NETHERLANDS;
FOR FURTHER INFORMATION CONTACT: amended (19 U.S.C. 1337), and in part Telecommunications Industry
Clark S. Cheney, Office of the General 210 of the Commission’s Rules of Association (TIA), Arlington, VA;
Counsel, U.S. International Trade Practice and Procedure (19 CFR part Tennessee Valley Authority,
Commission, 500 E Street SW., 210). Chattanooga, TN; UPnP Forum,
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Document Created: 2015-12-15 13:05:55
Document Modified: 2015-12-15 13:05:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Panyin A. Hughes, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3042. The public version of the complaint can be accessed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on EDIS at http://edis.usitc.gov. Hearing- impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. | |
| FR Citation | 80 FR 45232 |
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