Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Notices 44989

this investigation may be viewed on the Nano Pacific Corp., 377 Swift Avenue, Commission, without further notice to Commission’s electronic docket (EDIS) South San Francisco, CA 94080. the respondent, to find the facts to be as at http://edis.usitc.gov. Ninestar Tech. Co., Ltd., 17950 East alleged in the complaint and this notice FOR FURTHER INFORMATION CONTACT: Ajax Circle, City of Industry, CA, 91748. and to enter an initial determination Benjamin Levi, Esq., Office of Unfair Town Sky, Inc., 5 S. Linden Avenue, and a final determination containing Import Investigations, U.S. International Suite 4, South San Francisco, CA, such findings, and may result in the Trade Commission, telephone (202) 94080. issuance of an exclusion order or a cease 205–2781. ACM Technologies, Inc., 2535 and desist order or both directed against Research Drive, Corona, CA 92882. the respondent. Authority: The authority for institution of LD Products, Inc., 2500 Grand this investigation is contained in section 337 Issued: July 26, 2010. of the Tariff Act of 1930, as amended, and Avenue, Long Beach, CA 90815. Printer Essentials.com, Inc., 5190 Neil By order of the Commission. in section 210.10 of the Commission’s Rules Marilyn R. Abbott, of Practice and Procedure, 19 CFR 210.10 Road, Ste. 205, Reno, NV 89502. (2010). XSE Group, Inc., d/b/a Image Star, 35 Secretary to the Commission. Philmack Drive, Middletown, CT. 06457 [FR Doc. 2010–18708 Filed 7–29–10; 8:45 am] Scope of Investigation: Having Copy Technologies, Inc., d/b/a ITM BILLING CODE 7020–02–P considered the complaint, the U.S. Corporation, 130 James Aldredge, Blvd. International Trade Commission, on SW., Atlanta, GA 30336. July 26, 2010, Ordered That— Red Powers, Inc., d/b/a INTERNATIONAL TRADE (1) Pursuant to subsection (b) of LaptopTraveller.com, 120 West Grand COMMISSION section 337 of the Tariff Act of 1930, as Avenue #205, Alhambra, CA 91801. [Investigation No. 337–TA–661] amended, an investigation be instituted Direct Billing International, Inc., to determine whether there is a d/b/a OfficeSupplyOutfitters.com, 5910 In the Matter of Certain Semiconductor violation of subsection (a)(1)(B) of Sea Lion Place, Suite 100, Carlsbad, CA Chips Having Synchronous Dynamic section 337 in the importation into the 92010. Random Access Memory Controllers United States, the sale for importation, Compu-Imaging, Inc., 8880 N.W. 18th and Products Containing Same; Notice or the sale within the United States after Terrace, Doral, FL 33172. of Commission Final Determination of importation of certain toner cartridges EIS Office Solutions, Inc., 5803 Violation of Section 337; Termination or components thereof that infringe one Sovereign Drive, Suite 214, Houston, TX of Investigation; Issuance of Limited or more of claims 128–130, 132, 133, 77036. Exclusion Order and Cease and Desist and 139–143 of the ‘803 patent; and 123 Refills, Inc., 4981 Irwindale Orders claims 24–30 of the ‘454 patent, and Avenue, Suite 200, Irwindale, CA whether an industry in the United 91706. AGENCY: U.S. International Trade States exists as required by subsection (c) The Commission investigative Commission. (a)(2) of section 337; attorney, party to this investigation, is ACTION: Notice. (2) For the purpose of the Benjamin Levi, Esq., Office of Unfair SUMMARY: investigation so instituted, the following Import Investigations, U.S. International Notice is hereby given that are hereby named as parties upon which Trade Commission, 500 E Street, SW., the U.S. International Trade this notice of investigation shall be Suite 401, Washington, DC 20436; and Commission has determined that there served: (3) For the investigation so instituted, is a violation of 19 U.S.C. 1337 in the (a) The complainants are: the Honorable Paul J. Luckern, Chief above-captioned investigation by the Canon Inc., 30–2, Shimomaruko 3- Administrative Law Judge, U.S. respondents in the investigation. To chome, Ohta-ku, Tokyo 146–8501 Japan. International Trade Commission, shall remedy the violation it has found, the Canon U.S.A., Inc., One Canon Plaza, designate the presiding Administrative Commission has determined to issue a Lake Success, NY 11042, Canon Law Judge. limited exclusion order and to issue Virginia, Inc., 12000 Canon Boulevard, Responses to the complaint and the cease and desist orders to certain Newport News, VA 23606. notice of investigation must be respondents. The investigation is (b) The respondents are the following submitted by the named respondents in terminated. entities alleged to be in violation of accordance with section 210.13 of the FOR FURTHER INFORMATION CONTACT: Paul section 337, and are the parties upon M. Bartkowski, Office of the General which the complaint is to be served: Commission’s Rules of Practice and Ninestar Image Int’l, Ltd., No. 63, Procedure, 19 CFR 210.13. Pursuant to Counsel, U.S. International Trade Mingzhubei Road, Zhuhai, China 19 CFR 201.16(d)–(e) and 210.13(a), Commission, 500 E Street, SW., 519075. such responses will be considered by Washington, DC 20436, telephone (202) Ninestar Technology Co., Ltd., No. 63, the Commission if received not later 708–5432. Copies of non-confidential Mingzhubei Road, Zhuhai, China than 20 days after the date of service by documents filed in connection with this 519075. the Commission of the complaint and investigation are or will be available for Ninestar Management Co., Ltd., No. the notice of investigation. Extensions of inspection during official business 63, Mingzhubei Road, Zhuhai, China time for submitting responses to the hours (8:45 a.m. to 5:15 p.m.) in the 519075, Zhuhai Seine Technology Co., complaint and the notice of Office of the Secretary, U.S. Ltd., No. 63, Mingzhubei Road, Zhuhai, investigation will not be granted unless International Trade Commission, 500 E China 519075. good cause therefore is shown. Street, SW., Washington, DC 20436, Seine Image Int’l Co., Ltd., 9/F Unit Failure of a respondent to file a timely telephone (202) 205–2000. General 18, New Commerce Centre, No. 9 On Lai response to each allegation in the information concerning the Commission Str., Shatin, Hong Kong. complaint and in this notice may be may also be obtained by accessing its Ninestar Image Co., Ltd., 9/F Unit 18, deemed to constitute a waiver of the Internet server at http://www.usitc.gov. New Commerce Centre, No. 9 On Lai right to appear and contest the The public record for this investigation Str., Shatin, Hong Kong. allegations of the complaint and this may be viewed on the Commission’s Ziprint Image Corp., 19805 Harrison notice, and to authorize the electronic docket (EDIS) at http:// Avenue, Walnut, CA 91789. administrative law judge and the edis.usitc.gov. Hearing-impaired

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persons are advised that information on containing same with respect to various 337 of the Tariff Act of 1930, as this matter can be obtained by claims of the ‘405, ‘353, and ‘109 amended (19 U.S.C. 1337), and in Part contacting the Commission’s TDD patents (‘‘the Barth I patents’’). The ALJ 210 of the Commission’s Rules of terminal on (202) 205–1810. determined that there was no violation Practice and Procedure (19 CFR Part SUPPLEMENTARY INFORMATION: The of section 337 with respect to the 210). Commission instituted Inv. No. 337– asserted claims of the ‘016 and ‘998 By order of the Commission. TA–661 on December 10, 2008, based patents (‘‘the Ware patents’’). On March 25, 2010, the Commission Issued: July 26, 2010. on a complaint filed by Rambus, Inc. of Marilyn R. Abbott, ‘‘ ’’ determined to review (1) the ID’s Los Altos, California ( Rambus ). 73 FR Secretary to the Commission. 75131–2. The complaint, as amended anticipation and obviousness findings and supplemented, alleged violations of with respect to the Ware patents; (2) the [FR Doc. 2010–18715 Filed 7–29–10; 8:45 am] section 337 of the Tariff Act of 1930, as ID’s obviousness-type double patenting BILLING CODE 7020–02–P amended, 19 U.S.C. 1337 (‘‘section analysis regarding the asserted Barth I 337’’), in the importation into the United patents; and (3) the ID’s analysis of the States, the sale for importation, and the alleged obviousness of the asserted DEPARTMENT OF LABOR sale within the United States after Barth I patents. The Commission invited importation of certain semiconductor briefing on the issues under review and Office of the Secretary chips having synchronous dynamic on the issues of remedy, the public interest, and bonding. On May 26, 2010, Submission for OMB Review; random access memory controllers and the Commission requested further Comment Request product containing the same by reason briefing on the impact of a license of infringement of certain claims of U.S. between Rambus and Samsung ACTION: Submission for OMB Review; Patent Nos. 6,470,405 (‘‘the ‘405 Electronics Co. on the ALJ’s findings Comment request. patent’’); 6,591,353 (‘‘the ‘353 patent’’); and conclusions. On June 22, 2010, the 7,287,109 (‘‘the ‘109 patent’’); 7,117,998 SUMMARY: The Department of Labor Commission requested further briefing (‘‘the ‘998 patent); 7,210,016 (‘‘the ‘016 (DOL) hereby announces the submission regarding patent exhaustion in light of patent’’); 7,287,119 (‘‘the ‘119 patent’’); of the following public information Fujifilm Corp. v. Benun, which was 7,330,952 (‘‘the ‘952 patent’’); 7,330,953 collection request (ICR) to the Office of issued by the United States Court of ‘‘ ’’ ‘‘ ( the ‘953 patent ); and 7,360,050 ( the Appeals for the Federal Circuit on May Management and Budget (OMB) for ’’ ‘050 patent ). The Commission’s notice 27, 2010. review and approval in accordance with of investigation named the following Having examined the record of this the Paperwork Reduction Act of 1995 respondents: NVIDIA Corporation of investigation and the submissions filed, (Pub. L. 104–13, 44 U.S.C. chapter 35). Santa Clara, California; Asustek the Commission has determined to A copy of this ICR, with applicable Computer, Inc. of Taipei, Taiwan; ASUS affirm the ALJ’s ID, with certain supporting documentation; including, Computer International, Inc. of Fremont, modifications that are set forth in the among other things, a description of the California; BFG Technologies, Inc. of Commission’s opinion. Accordingly, the likely respondents, proposed frequency Lake Forest, Illinois; Biostar Microtech Commission has determined that a of response, and estimated total burden (USA) Corp. of City of Industry, violation of section 337 has occurred in may be obtained from the RegInfo.gov California; Biostar Microtech the importation into the United States, Web site at http://www.reginfo.gov/ International Corp. of Hsin Ten, Taiwan; the sale for importation, or the sale public/do/PRAMain or by contacting Diablotek Inc. of Alhambra, California; within the United States after Linda Watts Thomas on 202–693–4223 EVGA Corp. of Brea, California; G.B.T. importation of certain synchronous (this is not a toll-free number) and e- Inc. of City of Industry, California; Giga- dynamic random access memory mail mail to: _ _ byte Technology Co., Ltd. of Taipei, controllers and products containing the DOL PRA [email protected]. Taiwan; Hewlett-Packard Co. of Palo same by Respondents with respect to Interested parties are encouraged to Alto, California; MSI Computer Corp. of the Barth I patents. To remedy this send written comments to the Office of City of Industry, California; Micro-star violation, the Commission has Information and Regulatory Affairs, International Co., Ltd. of Taipei, determined to issue a limited exclusion Attn: OMB Desk Officer for the Taiwan; Palit Multimedia Inc. of San order and cease-and-desist orders Department of Labor—Employee Jose, California; Palit Microsystems Ltd. against respondents NVIDIA Corp.; Benefits Security Administration, Room of Taipei, Taiwan; Pine Technology Hewlett-Packard Co.; ASUS Computer 10235, Washington, DC 20503, Holdings, Ltd. of Hong Kong; and International, Inc.; Palit Multimedia Telephone: 202–395–4816/Fax 202– Sparkle Computer Co. of Taipei, Taiwan Inc.; Palit Microsystems Ltd.; MSI 395–5806 (these are not toll-free (referred to collectively as Computer Corp.; Micro-Star numbers), E-mail: ‘‘Respondents’’). International; EVGA Corp.; DiabloTek, [email protected] within On July 13, 2009, the Commission Inc.; Biostar Microtech Corp.; and BFG 30 days from the date of this publication issued a notice terminating the ‘119, Technologies, Inc. The Commission has in the Federal Register. In order to ‘952, ‘953, and ‘050 patents and certain determined that this relief is not ensure the appropriate consideration, claims of the ‘109 patent from the precluded by consideration of the comments should reference the investigation. factors set forth in 19 U.S.C. 1337(d), (f). applicable OMB Control Number (see On January 22, 2010, the ALJ issued The Commission has determined that below). his Initial Determination on Violation of the amount of the bond to permit The OMB is particularly interested in Section 337 and Recommended importation during the Presidential comments which: Determination on Remedy and Bond review period under 19 U.S.C. 1337(j) is (1) Evaluate whether the proposed (‘‘ID’’). The ALJ found that Respondents 2.65 percent of the entered value of the collection of information is necessary violated section 337 by importing subject imports. The investigation is for the proper performance of the certain semiconductor chips having terminated. functions of the agency, including synchronous dynamic random access The authority for the Commission’s whether the information will have memory controllers and products determination is contained in section practical utility;

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