81 FR 27173 - Certain Audio Processing Hardware and Software and Products Containing Same: Commission Decision Not To Review an Initial Determination Terminating Dell Inc.; and Termination of the Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 87 (May 5, 2016)
Federal Register Volume 81, Issue 87 (May 5, 2016)
| Page Range | 27173-27174 | |
| FR Document | 2016-10575 |
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)] [Notices] [Pages 27173-27174] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10575] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-949] Certain Audio Processing Hardware and Software and Products Containing Same: Commission Decision Not To Review an Initial Determination Terminating Dell Inc.; and Termination of the 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 the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 40) terminating the investigation on the basis of withdrawal of the complainant as to the last remaining respondent, Dell Inc. (``Dell'') of Round Rock, Texas. FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2392. 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 March 18, 2015, based on a complaint filed by Andrea Electronics Corp. (``Andrea'') of Bohemia, New York. 80 FR 14,159 (Mar. 18, 2015). 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 audio processing hardware and software and products containing same by reason of infringement of certain claims of U.S. Patent Nos. 5,825,898 (``the '898 patent''); 6,483,923 (``the '923 patent''); 6,049,607 (``the '607 patent''); [[Page 27174]] 6,363,345 (``the '345 patent''); and 6,377,637 (``the '637 patent''). The complaint further alleges that an industry in the United States exists as required by 19 U.S.C. 1337(a)(2). The notice of investigation named Dell and the following 12 respondents: Acer Inc. of New Taipei City, Taiwan; Acer America Corp. of San Jose, California (collectively, ``Acer''); ASUSTeK Computer Inc. of Taipei, Taiwan; ASUS Computer International of Fremont, California (collectively, ``ASUS''); Hewlett Packard Co. (``HP'') of Palo Alto, California; Lenovo Holding Co., Inc. and Lenovo (United States) Inc. (collectively, ``Lenovo''), both of Morrisville, North Carolina; Lenovo Group Ltd. of Beijing, China; Toshiba Corp. of Tokyo, Japan; Toshiba America Information Systems, Inc. (collectively, ``Toshiba'') of Irvine, California; Toshiba America, Inc. of New York City, New York; and Realtek Semiconductor Corp. (``Realtek'') of Hsinchu, Taiwan. Also, intervenors Waves Audio Ltd. (``Waves'') of Tel Aviv, Israel and Conexant Systems Inc. (``Conexant'') of Irvine, California were subsequently added to the investigation. The Office of Unfair Import Investigations is a party in this investigation. The 12 other respondents and the two intervenors, as detailed below, have been terminated from the investigation based on settlement or stipulation. On July 13, 2015, the Commission determined not to review an ID finding that Andre has standing to bring the complaint in this investigation and to deny respondents' motion for oral argument. On May 1, 2015, the Commission determined not to review two IDs (Order Nos. 4, 5) granting motions of Andrea terminating the investigation as to Lenovo Group Ltd. and Toshiba America, Inc., respectively, based on stipulation. On December 8, 2015, the Commission determined not to review an ID (Order No. 23) granting a joint motion of Andrea and Realtek terminating the investigation as to Realtek based on a settlement agreement and a patent license agreement. On December 21, 2015, the Commission determined not to review an ID (Order No. 24) granting a joint motion of Andrea and Acer terminating the investigation as to Acer based on a settlement agreement and a patent license agreement. On January 5, 2016, the Commission determined not to review two IDs (Order Nos. 25, 26) granting a motion of Andrea to terminate the investigation as to all infringement allegations relating to the '637 patent; the '898 patent; the '923 patent; claims 4-11, 18- 20, 22, and 39-46 of the '345 patent; and claims 5-7, 9-12, 29-31, and 33-37 of the '607 patent. On February 3, 2016, the Commission determined not to review an ID (Order No. 30) granting a joint motion of Andrea and HP terminating the investigation as to HP based on a settlement agreement and a patent license agreement. On March 4, 2016, the Commission determined not to review an ID (Order No. 33) granting a joint motion of Andrea and ASUS terminating the investigation as to ASUS based on a settlement agreement and a patent license agreement. On March 17, 2016, the Commission determined not to review an ID (Order No. 36) granting a joint motion of Andrea and Lenovo terminating the investigation as to Lenovo based on a settlement agreement and a patent license agreement. On April 5, 2016, the Commission determined not to review an ID (Order No. 37) granting a joint motion of Andrea and Conexant terminating the investigation as to Conexant based on a settlement agreement and a patent license agreement. On April 19, 2016, the Commission determined not to review an ID (Order No. 38) granting a joint motion of Andrea and Waves terminating the investigation as to Waves based on a settlement agreement and a patent license agreement. On the same date, the Commission determined not to review an ID (Order No. 39) granting a joint motion of Andrea and Toshiba terminating the investigation as to Toshiba based on a settlement agreement. On March 25, 2016, Andrea filed a motion to terminate the last remaining respondent, Dell, from the investigation on the basis of withdrawal of the complaint as to Dell. Andrea affirmed that there are no agreements, written or oral, express or implied, between itself and Dell concerning the subject matter of the investigation. None of the other parties opposed the motion. On April 6, 2016, the ALJ granted the motion as an ID. The ALJ found no information indicating that termination of the investigation with respect to Dell on the basis of the withdrawal of the complaint is contrary to the public health and welfare, competitive conditions in the U.S. economy, the production of like or directly competitive articles in the United States, or U.S. consumers. The ALJ also terminated the investigation. Order No. 40 at 2. No petitions for review of the ID were filed. The Commission has determined not to review the subject ID, and has terminated the investigation. 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. Dated: May 2, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-10575 Filed 5-4-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 27173
Geographic Sciences, Bureau of Land for the Draft Environmental Impact INTERNATIONAL TRADE
Management, 1220 SW 3rd Avenue Statement (EIS) on continuing to COMMISSION
Portland, Oregon 97204. Persons who implement the 2008 Operating
[Investigation No. 337–TA–949]
use a telecommunications device for the Agreement for the Rio Grande Project
deaf (TDD) may call the Federal (Operating Agreement), and to Certain Audio Processing Hardware
Information Relay Service (FIRS) at 1– implement long-term contracts for and Software and Products Containing
800–877–8339 to contact the above storage of San Juan-Chama Project water Same: Commission Decision Not To
individual during normal business in Elephant Butte Reservoir, to Review an Initial Determination
hours. The FIRS is available 24 hours a Wednesday, June 8, 2016. The Notice of Terminating Dell Inc.; and Termination
day, 7 days a week, to leave a message
Availability and Notice of Public of the Investigation
or question with the above individual.
Hearings for the Draft Environmental
You will receive a reply during normal AGENCY: U.S. International Trade
business hours. Impact Statement was published in the
Commission.
Federal Register on March 18, 2016 (81
SUPPLEMENTARY INFORMATION: A person ACTION: Notice.
FR 14886). The public comment period
or party who wishes to protest against
this survey must file a written notice for the Draft EIS was originally SUMMARY: Notice is hereby given that
with the Oregon State Director, Bureau scheduled to end on Monday, May 9, the U.S. International Trade
of Land Management, stating that they 2016. Commission has determined not to
wish to protest. A statement of reasons review the presiding administrative law
DATES: Comments on the Draft EIS will
for a protest may be filed with the notice judge’s (‘‘ALJ’’) initial determination
be accepted until close of business on (‘‘ID’’) (Order No. 40) terminating the
of protest and must be filed with the
Wednesday, June 8, 2016. investigation on the basis of withdrawal
Oregon State Director within thirty days
after the protest is filed. If a protest ADDRESSES: Reclamation has changed of the complainant as to the last
against the survey is received prior to the point of contact for this Draft EIS. remaining respondent, Dell Inc. (‘‘Dell’’)
the date of official filing, the filing will Please send written comments to Ms. of Round Rock, Texas.
be stayed pending consideration of the Nancy Coulam, Bureau of Reclamation, FOR FURTHER INFORMATION CONTACT:
protest. 125 South State Street, Room 8100, Salt Cathy Chen, Office of the General
A plat will not be officially filed until Lake City, Utah 84138–1147; or via Counsel, U.S. International Trade
the day after all protests have been email to ncoulam@usbr.gov. Commission, 500 E Street SW.,
dismissed or otherwise resolved. Before Washington, DC 20436, telephone (202)
including your address, phone number, FOR FURTHER INFORMATION CONTACT: Ms. 205–2392. Copies of non-confidential
email address, or other personally Nancy Coulam, EIS Project Manager, documents filed in connection with this
identifying information in your Bureau of Reclamation, via email at investigation are or will be available for
comment, you should be aware that ncoulam@usbr.gov, or at (801) 524– inspection during official business
your entire comment—including your 3684. hours (8:45 a.m. to 5:15 p.m.) in the
personally identifying information— Office of the Secretary, U.S.
may be made publicly available at any SUPPLEMENTARY INFORMATION: In International Trade Commission, 500 E
time. While you can ask us in your response to two requests for an Street SW., Washington, DC 20436,
comment to withhold your personally extension, the Bureau of Reclamation is telephone (202) 205–2000. General
identifying information from public extending the close of the public information concerning the Commission
review, we cannot guarantee that we comment period for the Draft EIS to may also be obtained by accessing its
will be able to do so. Wednesday, June 8, 2016. Internet server at http://www.usitc.gov.
Mary J.M. Hartel, Public Disclosure The public record for this investigation
Chief Cadastral Surveyor of Oregon/ may be viewed on the Commission’s
Washington. Before including your address, phone electronic docket (EDIS) at http://
[FR Doc. 2016–10516 Filed 5–4–16; 8:45 am] number, email address, or other edis.usitc.gov. Hearing-impaired
BILLING CODE 4310–33–P personal identifying information in your persons are advised that information on
comment, you should be aware that this matter can be obtained by
your entire comment—including your contacting the Commission’s TDD
DEPARTMENT OF THE INTERIOR personal identifying information—may terminal on (202) 205–1810.
be made publicly available at any time. SUPPLEMENTARY INFORMATION: The
Bureau of Reclamation Commission instituted this investigation
While you can ask us in your comment
[RR43100000, 16XR0680A1, to withhold your personal identifying on March 18, 2015, based on a
RX002361010021000] information from public review, we complaint filed by Andrea Electronics
cannot guarantee that we will be able to Corp. (‘‘Andrea’’) of Bohemia, New
Notice To Extend the Public Comment York. 80 FR 14,159 (Mar. 18, 2015). The
Period and Change Point of Contact do so.
complaint alleges violations of section
for the Draft Environmental Impact Dated: April 27, 2016. 337 of the Tariff Act of 1930, as
Statement for the Continued Brent Rhees, amended, 19 U.S.C. 1337, in the
Implementation of the 2008 Operating Regional Director. importation into the United States, the
Agreement for the Rio Grande Project, sale for importation, and the sale within
mstockstill on DSK3G9T082PROD with NOTICES
[FR Doc. 2016–10526 Filed 5–4–16; 8:45 am]
New Mexico and Texas the United States after importation of
BILLING CODE 4332–90–P
AGENCY: Bureau of Reclamation, certain audio processing hardware and
Interior. software and products containing same
ACTION: Notice of extension. by reason of infringement of certain
claims of U.S. Patent Nos. 5,825,898
SUMMARY: The Bureau of Reclamation is (‘‘the ’898 patent’’); 6,483,923 (‘‘the ’923
extending the public comment period patent’’); 6,049,607 (‘‘the ’607 patent’’);
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![27174 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices
6,363,345 (‘‘the ’345 patent’’); and 46 of the ’345 patent; and claims 5–7, The authority for the Commission’s
6,377,637 (‘‘the ’637 patent’’). The 9–12, 29–31, and 33–37 of the ’607 determination is contained in section
complaint further alleges that an patent. On February 3, 2016, the 337 of the Tariff Act of 1930, as
industry in the United States exists as Commission determined not to review amended (19 U.S.C. 1337), and in Part
required by 19 U.S.C. 1337(a)(2). The an ID (Order No. 30) granting a joint 210 of the Commission’s Rules of
notice of investigation named Dell and motion of Andrea and HP terminating Practice and Procedure (19 CFR part
the following 12 respondents: Acer Inc. the investigation as to HP based on a 210).
of New Taipei City, Taiwan; Acer settlement agreement and a patent By order of the Commission.
America Corp. of San Jose, California license agreement. On March 4, 2016, Dated: May 2, 2016.
(collectively, ‘‘Acer’’); ASUSTeK the Commission determined not to
Lisa R. Barton,
Computer Inc. of Taipei, Taiwan; ASUS review an ID (Order No. 33) granting a
Computer International of Fremont, joint motion of Andrea and ASUS Secretary to the Commission.
California (collectively, ‘‘ASUS’’); terminating the investigation as to [FR Doc. 2016–10575 Filed 5–4–16; 8:45 am]
Hewlett Packard Co. (‘‘HP’’) of Palo ASUS based on a settlement agreement BILLING CODE 7020–02–P
Alto, California; Lenovo Holding Co., and a patent license agreement. On
Inc. and Lenovo (United States) Inc. March 17, 2016, the Commission
(collectively, ‘‘Lenovo’’), both of determined not to review an ID (Order DEPARTMENT OF JUSTICE
Morrisville, North Carolina; Lenovo No. 36) granting a joint motion of
Group Ltd. of Beijing, China; Toshiba Andrea and Lenovo terminating the Notice of Lodging of Proposed
Corp. of Tokyo, Japan; Toshiba America investigation as to Lenovo based on a Consent Decree Under the
Information Systems, Inc. (collectively, settlement agreement and a patent Comprehensive Environmental
‘‘Toshiba’’) of Irvine, California; Toshiba license agreement. On April 5, 2016, the Response, Compensation, and Liability
America, Inc. of New York City, New Commission determined not to review On April 29, 2016, the Department of
York; and Realtek Semiconductor Corp. an ID (Order No. 37) granting a joint Justice lodged a consent decree with the
(‘‘Realtek’’) of Hsinchu, Taiwan. Also, motion of Andrea and Conexant United States District Court for the
intervenors Waves Audio Ltd. terminating the investigation as to Middle District of Florida in the lawsuit
(‘‘Waves’’) of Tel Aviv, Israel and Conexant based on a settlement entitled United States v. EG&G Florida,
Conexant Systems Inc. (‘‘Conexant’’) of agreement and a patent license Inc., Civil Action No. 6:16–cv–0716.
Irvine, California were subsequently agreement. On April 19, 2016, the The United States filed this lawsuit
added to the investigation. The Office of Commission determined not to review under the Comprehensive
Unfair Import Investigations is a party an ID (Order No. 38) granting a joint Environmental Response,
in this investigation. The 12 other motion of Andrea and Waves Compensation, and Liability Act
respondents and the two intervenors, as terminating the investigation as to (CERCLA) for the recovery of costs that
detailed below, have been terminated Waves based on a settlement agreement the United States incurred responding
from the investigation based on and a patent license agreement. On the to releases of hazardous substances at
settlement or stipulation. same date, the Commission determined Space Launch Complex 15 at the Cape
On July 13, 2015, the Commission not to review an ID (Order No. 39) Canaveral Air Force Station in Brevard
determined not to review an ID finding granting a joint motion of Andrea and County, Florida. The consent decree
that Andre has standing to bring the Toshiba terminating the investigation as requires the defendant, EG&G Florida,
complaint in this investigation and to to Toshiba based on a settlement Inc., to pay $331,556 to the United
deny respondents’ motion for oral agreement. States. In return, the United States
argument. On May 1, 2015, the On March 25, 2016, Andrea filed a agrees not to sue the defendant under
Commission determined not to review motion to terminate the last remaining sections 106 and 107 of CERCLA.
two IDs (Order Nos. 4, 5) granting respondent, Dell, from the investigation The publication of this notice opens
motions of Andrea terminating the on the basis of withdrawal of the a period for public comment on the
investigation as to Lenovo Group Ltd. complaint as to Dell. Andrea affirmed consent decree. Comments should be
and Toshiba America, Inc., respectively, that there are no agreements, written or addressed to the Assistant Attorney
based on stipulation. On December 8, oral, express or implied, between itself General, Environment and Natural
2015, the Commission determined not and Dell concerning the subject matter Resources Division, and should refer to
to review an ID (Order No. 23) granting of the investigation. None of the other United States v. EG&G Florida, Inc., D.J.
a joint motion of Andrea and Realtek parties opposed the motion. Ref. No. 90–11–3–10477/2. All
terminating the investigation as to On April 6, 2016, the ALJ granted the comments must be submitted no later
Realtek based on a settlement agreement motion as an ID. The ALJ found no than thirty (30) days after the
and a patent license agreement. On information indicating that termination publication date of this notice.
December 21, 2015, the Commission of the investigation with respect to Dell Comments may be submitted either by
determined not to review an ID (Order on the basis of the withdrawal of the email or by mail:
No. 24) granting a joint motion of complaint is contrary to the public
Andrea and Acer terminating the health and welfare, competitive To submit Send them to:
investigation as to Acer based on a conditions in the U.S. economy, the comments:
settlement agreement and a patent production of like or directly
By email ....... pubcomment-ees.enrd@
license agreement. On January 5, 2016, competitive articles in the United
mstockstill on DSK3G9T082PROD with NOTICES
usdoj.gov.
the Commission determined not to States, or U.S. consumers. The ALJ also By mail ......... Assistant Attorney General,
review two IDs (Order Nos. 25, 26) terminated the investigation. Order No. U.S. DOJ—ENRD, P.O.
granting a motion of Andrea to 40 at 2. Box 7611, Washington, DC
terminate the investigation as to all No petitions for review of the ID were 20044–7611.
infringement allegations relating to the filed. The Commission has determined
’637 patent; the ’898 patent; the ’923 not to review the subject ID, and has During the public comment period,
patent; claims 4–11, 18–20, 22, and 39– terminated the investigation. the consent decree may be examined
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Document Created: 2016-05-05 01:15:16
Document Modified: 2016-05-05 01:15:16
| 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 | Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2392. 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 | 81 FR 27173 |
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