78362 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1158] 

Certain Digital Video Receivers, 

Broadband Gateways, and Related 

Hardware and Software Components; 

Notice of a Commission Determination 

to Grant a Joint Motion To Terminate 

the Investigation in Its Entirety Based 

on a Settlement Agreement; 

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 to grant a 

joint motion terminating the 

investigation as to Comcast Corporation, 

Comcast Cable Communications, LLC, 

Comcast Cable Communications 

Management, LLC, and Comcast 

Holdings Corporation (collectively, 

‘‘Comcast’’), all of Philadelphia, 

Pennsylvania, based on a settlement 

agreement. The investigation is 

terminated. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2310. Copies of non-confidential 

documents filed in connection with this 

investigation may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at https://www.usitc.gov. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal, telephone 

202–205–1810. 

SUPPLEMENTARY INFORMATION: On May 

29, 2019, the Commission instituted this 

investigation based on a complaint filed 

by Rovi Corporation and Rovi Guides, 

Inc. (collectively, ‘‘Rovi’’), both of San 

Jose, California. 84 FR 24814–15 (May 

29, 2019). The complaint, as 

supplemented, alleged violations of 

section 337 of the Tariff Act of 1930, as 

amended, 19 U.S.C. 1337, based upon 

the importation into the United States, 

the sale for importation, and the sale 

within the United States after 

importation of certain digital video 

receivers, broadband gateways, and 

related hardware and software 

components by reason of infringement 

of certain claims of U.S. Patent Nos. 

7,779,445 (‘‘the ’445 patent’’); 7,200,855 

(‘‘the ’855 patent’’); 8,156,528 (‘‘the ’528 

patent’’); 8,001,564 (‘‘the ’564 patent’’); 

7,301,900 (‘‘the ’900 patent’’); and 

7,386,871 (‘‘the ’871 patent’’). The 

complaint further alleged the existence 

of a domestic industry. The 

Commission’s notice of investigation 

named Comcast as respondents. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) is partially participating in the 

investigation. The ’528, ’855, and ’445 

patents remain in the investigation and 

the ’564, ’900, and ’871 patents have 

been terminated from the investigation. 

Order No. 18 (Sept. 30, 2019), 

unreviewed by Comm’n Notice (Oct. 15, 

2019). 

On July 14, 2020, the ALJ issued a 

written Markman Order. See Order No. 

41 (Jul. 14, 2020). 

On July 28, 2020, the ALJ issued the 

final ID finding a violation of section 

337 as to the ’528 and ’855 patents 

based on infringement of the asserted 

claims by Comcast’s accused products. 

Specifically, the ID found that: (1) 

Comcast’s accused products infringe 

claims 13, 27, and 30 of the ’528 patent 

and claims 60 and 63 of the ’855 patent; 

(2) Comcast’s accused products do not 

infringe asserted claim 5 of the ’445 

patent; (3) the asserted claims of the 

’528 and ’855 patents are not invalid; (4) 

claims 5 and 15 of the ’445 patent are 

invalid as anticipated under 35 U.S.C. 

102(g)(2) by Comcast’s VOD Vision 

System; and (5) Rovi has satisfied both 

prongs of the domestic industry 

requirement. The ALJ’s recommended 

determination recommended the 

issuance of a limited exclusion order 

directed to Comcast’s infringing 

products and cease and desist orders 

directed to Comcast. 

On August 10, 2020, Rovi petitioned, 

and Comcast petitioned and 

contingently petitioned, for review of 

the final ID. On August 18, 2020, Rovi 

and Comcast each filed a response in 

opposition to the other party’s petition 

for review. 

On October 9, 2020, the Commission 

determined to review the final ID in 

part. Specifically, the Commission 

determined to review: (1) Order No. 41’s 

and the ID’s construction of the claim 

limitations: ‘‘same functions,’’ ‘‘personal 

video recorder device,’’ ‘‘personal video 

recorder-compliant device,’’ ‘‘personal 

video recorder functionality,’’ and ‘‘first 

interactive television program guide 

. . . are implemented’’ (‘‘where the first 

interactive television program guide and 

the second interactive program guide 

. . . are distinctly implemented’’) of 

asserted claims 13, 27, and 30 of the 

’528 patent; (2) the ID’s finding that 

Comcast’s Accused Products infringe 

the asserted claims of the ’528 patent 

and that the asserted claims are not 

invalid; (3) the ID’s finding that Rovi 

has satisfied the technical prong of the 

domestic industry requirement with 

respect to the ’528 patent; (4) the ID’s 

identification of Comcast’s products that 

infringe the asserted claims of the ’855 

patent; (5) the ID’s finding that 

Comcast’s redesigns for the ’855 patent 

are not sufficiently fixed in design to 

warrant adjudication; (6) the ID’s 

finding that the Accused Products are 

not ‘‘articles that infringe’’ claim 5 of 

the ’445 patent; (7) the ID’s finding that 

claims 5 and 15 of the ’445 patent are 

invalid as anticipated under 35 U.S.C. 

102(g)(2) by Comcast’s VOD Vision 

System; (8) the ID’s finding that 

Comcast has engaged in sales within the 

United States after importation of 

accused products in accordance with 

section 337(a)(1)(B); and (9) the ID’s 

finding that Rovi satisfied the economic 

prong of the domestic industry 

requirement. 85 FR 66357–58 (Oct. 19, 

2020). The Commission determined not 

to review the remainder of the final ID. 

Id. The Commission also requested the 

parties to respond to certain questions 

concerning the issues under review with 

respect to Order No. 41 and the final ID, 

and requested written submissions on 

the issues of remedy, the public interest, 

and bonding from the parties and 

interested non-parties. Id. 

On October 23 and 30, 2020, Rovi and 

Comcast each filed a brief and a reply 

brief, respectively, on all issues for 

which the Commission requested 

written submissions. On the same dates, 

OUII filed a brief and a reply brief on 

remedy, the public interest, and 

bonding. 

On November 13, 2020, Rovi and 

Comcast filed a joint motion, including 

a memorandum in support thereof, to 

terminate the investigation based on a 

settlement agreement. There is no 

opposition to the motion from any 

party. Commission Rule 210.21(a)(2) 

states in relevant part that ‘‘[a]ny party 

may move at any time for an order to 

terminate an investigation in whole or 

in part as to any or all respondents on 

the basis of a settlement, a licensing or 

other agreement . . . .’’ 19 CFR 

210.21(a)(2). Commission Rule 210.21(b) 

governs termination by settlement, and 

subsection (b)(1) provides that in order 

for an investigation to be terminated on 

the basis of a licensing or other 

settlement agreement, the motion for 

termination must include: (1) Copies of 

the ‘‘licensing or other settlement 

agreement,’’ including both a public and 

a confidential version if necessary; (2) 

any supplemental agreements; and (3) 

‘‘a statement that there are no other 

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices 78363 

agreements, written or oral, express or 

implied between the parties concerning 

the subject matter of the investigation.’’ 

19 CFR 210.21(b)(1). 

Consistent with Commission Rule 

210.21(b)(1), redacted versions of a 

patent license agreement and a 

settlement agreement between Rovi and 

Comcast were attached to the motion as 

Exhibits 1 and 2 and the unredacted 

agreements were filed separately under 

a confidential header. The moving 

parties submit that the agreements 

resolve the allegations of infringement 

against Comcast in the investigation. 

Motion at 1. In further compliance with 

Commission Rule 210.21(b)(1), the 

motion contains a statement that there 

are no other agreements, written or oral, 

express or implied between the parties 

concerning the subject matter of the 

investigation. Id. at 2. The movants 

submit that termination is in the interest 

of the public and administrative 

economy. Id. at 3. 

Pursuant to Commission Rule 

210.50(b)(2), the Commission finds no 

evidence that terminating this 

investigation will adversely affect 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. customers. 19 CFR 

210.50(b)(2). Moreover, the public 

interest generally favors settlement to 

avoid needless litigation and to 

conserve public resources. See, e.g., 

Certain Semiconductor Devices, 

Products Containing the Same, and 

Components Thereof (II), Inv. No. 337– 

TA–1177, Order No. 5 at 2 (Nov. 25, 

2019), unreviewed by Comm’n Notice 

(Dec. 20, 2019). 

Accordingly, the Commission finds 

that the joint motion for termination 

satisfies Commission Rules 210.21(a)(2) 

and (b)(1) (19 CFR 210.21(a)(2), (b)(1)) 

and that termination of the investigation 

is not contrary to the public interest. 

Accordingly, the Commission grants 

the joint motion to terminate the 

investigation in its entirety based on 

settlement. The investigation is 

terminated. 

The Commission vote for this 

determination took place on November 

30, 2020. 

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: November 30, 2020. 

Katherine Hiner, 

Supervisory Attorney. 

[FR Doc. 2020–26685 Filed 12–3–20; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–751] 

Importer of Controlled Substances 

Application: Janssen Pharmaceuticals 

Inc. 

AGENCY: Drug Enforcement 

Administration, Justice. 

ACTION: Notice of application. 

SUMMARY: Janssen Pharmaceuticals Inc. 

has applied to be registered as an 

importer of basic class(es) of controlled 

substance(s). Refer to Supplemental 

Information listed below for further 

drug information. 

DATES: Registered bulk manufacturers of 

the affected basic class(es), and 

applicants therefore, may file written 

comments on or objections to the 

issuance of the proposed registration on 

or before January 4, 2021. Such persons 

may also file a written request for a 

hearing on the application on or before 

January 4, 2021. 

ADDRESSES: Written comments should 

be sent to: Drug Enforcement 

Administration, Attention: DEA Federal 

Register Representative/DPW, 8701 

Morrissette Drive, Springfield, Virginia 

22152. All requests for a hearing must 

be sent to: Drug Enforcement 

Administration, Attn: Administrator, 

8701 Morrissette Drive, Springfield, 

Virginia 22152. All requests for a 

hearing should also 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. 

SUPPLEMENTARY INFORMATION: In 

accordance with 21 CFR 1301.34(a), this 

is notice that on November 11, 2020, 

Janssen Pharmaceuticals Inc., 1440 

Olympic Drive, Athens, Georgia 30601– 

1645, applied to be registered as an 

importer of the following basic class(es) 

of controlled substance(s): 

Controlled substance Drug code Schedule 

Thebaine .................................................................................................................................................................. 9333 II 

Poppy Straw Concentrate ........................................................................................................................................ 9670 II 

Tapentadol ............................................................................................................................................................... 9780 II 

The company plans to import 

intermediate forms of Tapentadol (9780) 

and Thebaine (9333) for further 

manufacturing prior to distribution to 

its customers. The company plans to 

import Poppy Straw Concentrate (9670) 

to bulk manufacture other controlled 

substances. No other activity for these 

drug codes is 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. 

William T. McDermott, 

Assistant Administrator. 

[FR Doc. 2020–26653 Filed 12–3–20; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

On November 27, 2020, the 

Department of Justice lodged a proposed 

Consent Decree with the United States 

District Court for the District of New 

Jersey in the lawsuit entitled United 

States et al. v. Unimatic Manufacturing, 

Corp. et al., Civil Action No. 2:20-cv17284. 

The proposed Consent Decree would 

resolve claims the United States, New 

Jersey Department of Environmental 

Protection (‘‘NJDEP’’) and the 

Administrator of the New Jersey Spill 

Compensation Fund have brought 

pursuant to Section 107 of the 

Comprehensive Environmental 

Response, Compensation, and Liability