80 FR 46321 - 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; Correction

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 149 (August 4, 2015)

Page Range		46321-46322
FR Document		2015-18984

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 41) terminating the above-captioned investigation in its entirety based upon settlement. The commission has also determined to vacate Order No. 34 as moot.

Federal Register, Volume 80 Issue 149 (Tuesday, August 4, 2015)

[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Notices]
[Pages 46321-46322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18984]


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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; Correction

AGENCY: U.S. International Trade Commission.

ACTION: Correction of Notice. The Commission hereby corrects the 
summary section of the notice published in the Federal Register July 
29, 2015 (80 FR 45232).

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') (Order No. 41) 
terminating the above-captioned investigation in its entirety based 
upon settlement. The commission has also determined to vacate Order No. 
34 as moot.

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. Copies of non-
confidential documents filed in connection with this investigation are 
or 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 at http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (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.
    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 art 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.


[[Page 46322]]


    Issued: July 29, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-18984 Filed 8-3-15; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices 46321

TEXAS published in the Federal Register July Telecommunications America, LLC of
Travis County 29, 2015 (80 FR 45232). Richardson, Texas (collectively,
‘‘Remaining Respondents’’); Apple Inc.
All Saints’ Chapel, 209 W. 27th St., Austin, SUMMARY: Notice is hereby given that
15000543
of Cupertino, California (‘‘Apple’’); and
the U.S. International Trade Cirrus Logic Inc. of Austin, Texas
Simpson Memorial Methodist Church, (East Commission has determined not to
Austin MRA) 1701 E. 12th St., Austin,
(‘‘Cirrus’’). The Office of Unfair Import
review the presiding administrative law Investigations was also named as a party
15000544
judge’s (‘‘ALJ’’) initial determination to the investigation.
VIRGINIA (‘‘ID’’) (Order No. 41) terminating the On September 9, 2014, the ALJ issued
Accomack County above-captioned investigation in its an initial determination, Order No. 6,
entirety based upon settlement. The granting intervenor status to Google Inc.
Tangier Island Historic District (Boundary
Increase), S. of Tangier Island in
commission has also determined to of Mountain View, California
Chesapeake Bay, Tangier, 15000545 vacate Order No. 34 as moot. (‘‘Google’’). On March 9, 2015, the ALJ
FOR FURTHER INFORMATION CONTACT: issued an ID, Order No. 20, terminating
Chesapeake Independent City
Panyin A. Hughes, Office of the General the investigation as to Cirrus. On June
Cornland School, 2309 Benefit Rd., Counsel, U.S. International Trade 5, 2015, the ALJ issued an ID, Order No.
Chesapeake (Independent City), 15000546 Commission, 500 E Street SW., 37, terminating the investigation as to
Danville Independent City Washington, DC 20436, telephone (202) Apple. The Commission determined not
Danville Historic District (Boundary 205–3042. Copies of non-confidential to review those IDs.
Increase), Jefferson Ave., Chestnut Pl., documents filed in connection with this On May 21, 2015, the ALJ issued
Grove, Chambers, 100 blks. Ross & investigation are or will be available for Order No. 34, an initial determination
Holbrook Sts., Danville (Independent City), inspection during official business terminating the ’302 patent from the
15000547 hours (8:45 a.m. to 5:15 p.m.) in the investigation based upon a lack of
Halifax County Office of the Secretary, U.S. standing. Enterprise filed a petition for
Mountain Road Historic District (Boundary
International Trade Commission, 500 E review on May 28, 2015. The parties
Increase), Mountain Rd., Academy St., Street SW., Washington, DC 20436, subsequently moved for a 60-day
Poplar Ln., Halifax, 15000548 telephone (202) 205–2000. General extension to file any further briefing on
information concerning the Commission the issue. The Commission granted the
Hopewell Independent City may also be obtained by accessing its motion on June 1, 2015, and extended
Downtown Hopewell Historic District Internet server at http://www.usitc.gov.
(Boundary Increase and Decrease), E.
the date for determining whether to
The public record for this investigation review Order No. 34 to August 21, 2015.
Broadway Ave., S. Main & E. Poythress may be viewed on the Commission’s
Sts., Hopewell (Independent City), Thus, Order No. 34 remains
15000549
electronic docket (EDIS) at http:// outstanding.
edis.usitc.gov. Hearing-impaired
Pittsylvania County On June 22, 2015, Enterprise,
persons are advised that information on
Remaining Respondents, and Google
Chatham Southern Railway Depot, 340 this matter can be obtained by
jointly moved to terminate the
Whitehead St., Chatham, 15000550 contacting the Commission’s TDD
investigation in its entirety based upon
WISCONSIN terminal on (202) 205–1810.
settlement. On June 29, 2015, the
SUPPLEMENTARY INFORMATION: The Commission investigative attorney filed
Green County
Commission instituted this investigation a response in support of the motion. No
Chalet of the Golden Fleece, 618 2nd St., on August 21, 2014, based on a
New Glarus, 15000551 other responses to the motion were
Complaint filed by Enterprise Systems received.
Rock County Technologies S.a.r.l. of Luxembourg The ALJ issued the subject ID on July
Courier Building, 513 Vernal Ave., Milton, (‘‘Enterprise’’). 79 FR 49537–38 (Aug. 1, 2015, and a corrected version on July
15000552 21, 2014). The Complaint alleges 17, 2015, granting the joint motion for
[FR Doc. 2015–19011 Filed 8–3–15; 8:45 am] violations of section 337 of the Tariff termination. The ALJ found that the
BILLING CODE 4312–51–P
Act of 1930, as amended, 19 U.S.C. settlement agreement satisfies the
1337, in the importation into the United requirements of Commission Rule
States, the sale for importation, and the 210.21(b). She further found, pursuant
sale within the United States after to Commission Rule 210.50(b)(2), that
INTERNATIONAL TRADE importation of certain communications
COMMISSION there is no indication that termination
or computing devices and components of the investigation would adversely
[Investigation No. 337–TA–925]
thereof by reason of infringement of impact the public interest. No one
certain claims of U.S. Patent Nos. petitioned for review of the ID.
Certain Communications or Computing 6,691,302 (‘‘the ’302 patent’’); 5,870,610;
The Commission has determined not
Devices and Components Thereof 6,594,366; and 7,454,201. The notice of
to review the ID as corrected. In light of
Commission Determination Not To investigation named the following
the settlement, the Commission has
Review an Initial Determination respondents: HTC Corporation of
determined to vacate Order No. 34 as
Terminating the Investigation in its Taoyuan, Taiwan; HTC America, Inc. of
moot.
Entirety Based Upon Settlement; Bellevue, Washington; LG Electronics
Inc. of Seoul, Republic of Korea; LG The authority for the Commission’s
Termination of Investigation; and
determination is contained in section
tkelley on DSK3SPTVN1PROD with NOTICES

Vacatur of Order No. 34; Correction Electronics USA, Inc. of Englewood
Cliffs, New Jersey; LG Electronics 337 of the Tariff Act of 1930, as
AGENCY: U.S. International Trade MobileComm U.S.A., Inc. of San Diego, amended (19 U.S.C. 1337), and in art
Commission. California; Samsung Electronics Co. Ltd. 210 of the Commission’s Rules of
ACTION: Correction of Notice. The of Seoul, Republic of Korea; Samsung Practice and Procedure (19 CFR part
Commission hereby corrects the Electronics America, Inc. of Ridgefield 210).
summary section of the notice Park, New Jersey; Samsung By order of the Commission.

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46322 Federal Register / Vol. 80, No. 149 / Tuesday, August 4, 2015 / Notices

Issued: July 29, 2015. Controlled substance Schedule Dated: July 27, 2015.
Lisa R. Barton, Chuck Rosenberg,
Secretary to the Commission. Poppy Straw Concentrate (9670) II Acting Administrator.
[FR Doc. 2015–18984 Filed 8–3–15; 8:45 am] Fentanyl (9801) ............................ II
Frank W. Mann, Esq., for the
BILLING CODE 7020–02–P Government.
The company plans to import Thomas P. O’Connell, Esq., for the
thebaine derivatives and fentanyl as Respondent.
DEPARTMENT OF JUSTICE reference standards.
ORDER GRANTING THE
The company plans to import the GOVERNMENT’S MOTION FOR
Drug Enforcement Administration remaining listed controlled substances SUMMARY DISPOSITION and
[Docket No. DEA–392] as raw materials, to be used in the FINDINGS OF FACT, CONCLUSIONS
manufacture of bulk controlled OF LAW, AND RECOMMENDED
Importer of Controlled Substances substances, for distribution to its DECISION OF THE ADMINISTRATIVE
Registration: Johnson Matthey, Inc. customers. LAW JUDGE
ACTION: Notice of registration. Dated: July 29, 2015. Administrative Law Judge
Joseph T. Rannazzisi, Christopher B. McNeil. On January 21,
SUMMARY: Johnson Matthey, Inc. applied
Deputy Assistant Administrator. 2015, the Deputy Assistant
to be registered as an importer of certain
[FR Doc. 2015–19107 Filed 8–3–15; 8:45 am] Administrator of the Drug Enforcement
basic classes of controlled substances.
Administration (DEA) issued an Order
The Drug Enforcement Administration BILLING CODE 4410–09–P
to Show Cause as to why the DEA
(DEA) grants Johnson Matthey, Inc.,
should not revoke DEA Certificate of
registration as an importer of those
DEPARTMENT OF JUSTICE Registration Number BE6969541 issued
controlled substances.
to Adeline Davies Essien, M.D., the
SUPPLEMENTARY INFORMATION: By notice Respondent in this matter. The Order
dated April 14, 2015, and published in Drug Enforcement Administration
seeks to revoke Respondent’s
the Federal Register on April 22, 2015, registration pursuant to 21 U.S.C.
80 FR 22559, Johnson Matthey, Inc., [Docket No. 15–15]
824(a)(4) and 823(f), and to deny any
Pharmaceutical Materials, 2003 Nolte pending applications for renewal or
Drive, West Deptford, New Jersey Adeline Davies Essien, M.D.; Decision
modification of such registration, and
08066–1742 applied to be registered as and Order
deny any applications for any new DEA
an importer of certain basic classes of registrations pursuant to 21 U.S.C.
controlled substances. No comments or On March 25, 2015, Administrative
Law Judge (ALJ) Christopher B. McNeil 823(f). As grounds for denial, the
objections were submitted for this Government alleges that Respondent is
notice. Comments and requests for issued the attached Recommended
‘‘currently without authority to handle
hearings on applications to import Decision. Neither party filed exceptions
controlled substances in the State of
narcotic raw material are not to the Recommended Decision. Illinois, the state in which [Respondent
appropriate. 72 FR 3417, (January 25, Having reviewed the record in its is] registered with the DEA.’’
2007). entirety, I adopt the ALJ’s findings of On February 27, 2015, the DEA’s
The DEA has considered the factors in fact, conclusions of law and Office of Administrative Law Judges
21 U.S.C. 823, 952(a) and 958(a) and recommended order.1 Accordingly, I received Respondent’s written request
determined that the registration of will order that Respondent’s DEA for a hearing, which is dated February
Johnson Matthey, Inc. to import the 26, 2015. Respondent stated that she
Certificate of Registration be revoked
basic classes of controlled substances is objected to the Government’s allegation
and that any pending application to
consistent with the public interest and regarding Respondent’s authority to
renew or modify her registration be
with United States obligations under handle controlled substances.
international treaties, conventions, or denied.
Respondent further stated that she
protocols in effect on May 1, 1971. The Order ‘‘does have authority to practice
DEA investigated the company’s medicine and handle controlled
maintenance of effective controls Pursuant to the authority vested in me
substances.’’
against diversion by inspecting and by 21 U.S.C. 823(f) and 824(a)(3), as On March 3, 2015, this Office issued
testing the company’s physical security well as 28 CFR 0.100(b), I order that an Order for Briefing on Allegations
systems, verifying the company’s DEA Certificate of Registration Concerning Respondent’s Lack of State
compliance with state and local laws, BE6969541, issued to Adeline Davies Authority, Order for Prehearing
and reviewing the company’s Essien, M.D., be, and it hereby is, Statements, and Order Setting the
background and history. revoked. I further order that any Matter for Hearing. In the Order, I
Therefore, pursuant to 21 U.S.C. pending application of Adeline Davies mandated that the parties provide briefs
952(a) and 958(a), and in accordance Essien, M.D., to renew or modify her regarding the allegation that Respondent
with 21 CFR 1301.34, the above-named registration, be, and it hereby is, denied. lacks state authority to handle
company is granted registration as an This Order is effective September 3, controlled substances no later than 2:00
importer of the basic classes controlled 2015. p.m. on March 17, 2015. In my Order,
substances:
tkelley on DSK3SPTVN1PROD with NOTICES

I also provided that responses to any
1 I take official notice of the fact that, according briefs be submitted by no later than 2:00
Controlled substance Schedule
to the registration records of the Agency, p.m. on March 24, 2015. On March 17,
Respondent retains an active registration as of this 2015, I timely received the
Coca Leaves (9040) ..................... II date. Pursuant to 21 CFR 1316.59(e), Respondent
Thebaine (9333) ........................... II may controvert this finding by filing a properly
Government’s Response to Order and
Opium, raw (9600) ....................... II supported motion, no later than 10 days from the Motion for Summary Disposition.
Noroxymorphone (9668) .............. II date of this Order. According to the Government’s motion,

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Document Created: 2015-12-18 14:51:53
Document Modified: 2015-12-18 14:51:53

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		Correction of Notice. The Commission hereby corrects the summary section of the notice published in the Federal Register July 29, 2015 (80 FR 45232).
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. Copies of non- confidential documents filed in connection with this investigation are or 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 at http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (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 46321