44382 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLWY–957400–09–L14200000–BJ0000] 

Notice of Stays of Filing of Plats of 

Survey, Wyoming and Nebraska 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of Stays of Filing of Plats 

of Survey, Wyoming and Nebraska 

SUMMARY: The Bureau of Land 

Management (BLM) has placed stays on 

the filing of plats of survey of the 

following described lands, pending 

consideration of the protest and/or 

appeal that was filed within 30 calendar 

days of publication in this Federal 

Register. A plat will not be officially 

filed until after disposition of protest 

and/or appeal. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, 5353 

Yellowstone Road, P.O. Box 1828, 

Cheyenne, Wyoming 82003. 

SUPPLEMENTARY INFORMATION: This 

survey was executed at the request of 

the Bureau of Land Management and is 

necessary for the management of these 

lands. The lands surveyed are: 

The plat and field notes representing 

the dependent resurvey of a portion of 

the south boundary and subdivisional 

lines, and the subdivision of section 33, 

Township 34 North, Range 110 West, of 

the Sixth Principal Meridian, Wyoming, 

Group No. 726, was accepted July 9, 

2009. 

This survey was executed at the 

request of the National Park Service and 

is necessary for the management of 

these lands. The lands surveyed are: 

The plat representing the entire 

record of the survey of Tract No. 37, 

Township 32 North, Range 3 East, of the 

Sixth Principal Meridian, Nebraska, 

Group No. 147, was accepted March 6, 

2009. 

Copies of the preceding described 

plats and field notes are available to the 

public at a cost of $1.10 per page. 

Dated: August 24, 2009. 

John P. Lee, 

Chief Cadastral Surveyor, Division of Support 

Services. 

[FR Doc. E9–20822 Filed 8–27–09; 8:45 am] 

BILLING CODE 4310–22–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–619] 

In the Matter of: Certain Flash Memory 

Controllers, Drives, Memory Cards, 

and Media Players and Products 

Containing Same; Notice of 

Commission Determination To Review 

in Part A Final Determination Finding 

No Violation of Section 337; Schedule 

for Filing Written Submissions on the 

Issues Under Review and on Remedy, 

the Public Interest and Bonding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

in part the final initial determination 

(‘‘ID’’) issued by the presiding 

administrative law judge (‘‘ALJ’’) on 

April 10, 2009 (a corrected version was 

issued on April 16, 2009), finding no 

violation of section 337 of the Tariff Act 

of 1930, 19 U.S.C. 1337, in this 

investigation. 

FOR FURTHER INFORMATION CONTACT: 

Panyin A. Hughes, Esq., 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 December 12, 2007, based on a 

complaint filed by SanDisk Corporation 

of Milpitas, CA. 72 FR 70610 (Dec. 12, 

2007). The complaint alleged violations 

of section 337 of the Tariff Act of 1930 

(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 flash memory controllers, drives, 

memory cards, media players and 

products containing the same by reason 

of infringement of various claims of 

United States Patent Nos. 6,426,893; 

6,763,424 (‘‘the ’424 patent’’); 5,719,808; 

6,947,332; and 7,137,011 (‘‘the ’011 

patent’’). Three patents and several 

claims were subsequently terminated 

from the investigation. Claims 24 and 30 

of the ’424 patent and claim 8 of the 

’011 patent remain in the investigation. 

The complaint named nearly fifty 

respondents. Twenty-one of these 

respondents were terminated from the 

investigation based on settlement 

agreements, consent orders and 

withdrawal of allegations from the 

complaint. Five respondents defaulted. 

The following respondents remain in 

the investigation: Phison Electronics 

Corporation of Hsinchu, Taiwan; Silicon 

Motion Technology Corporation of 

Hsinchu, Taiwan; Silicon Motion, Inc. 

of Milpitas, CA; Skymedi Corporation of 

Hsinchu, Taiwan; Power Quotient 

International Co., Ltd. of Taipei, 

Taiwan; Power Quotient International 

(HK) Co., Ltd. of Hong Kong; Syscom 

Development Co., Ltd. of the British 

Virgin Islands; PQI Corporation of 

Fremont, California; Kingston 

Technology Corporation of Fountain 

Valley, CA; MemoSun, Inc. of Fountain 

Valley, CA; Transcend Information Inc. 

of Taipei, Taiwan; Transcend 

Information Inc. of Orange, CA; 

Transcend Information Maryland, Inc. 

of Linthicum, MD; Imation Corporation 

of Oakdale, MN; Imation Enterprises 

Corporation of Oakdale, MN; Memorex 

Products, Inc. of Cerritos, CA; Apacer 

Technology Inc. of Taipei Hsien, 

Taiwan; Apacer Memory America, Inc. 

of Milpitas, CA; Dane Memory S.A. of 

Bagnolet, France; Deantusaiocht DaneElec TEO of Spiddal, Galway, Ireland; 

Dane-Elec Corporation USA of Irvine 

CA; LG Electronics U.S.A., Inc. of 

Englewood Cliffs, New Jersey; and LG 

Electronics, Inc. of Seoul, South Korea. 

On April 10, 2009, the ALJ issued his 

final ID finding no violation of section 

337 by Respondents. The ALJ issued a 

corrected version of his final ID on April 

16, 2009. The ID included the ALJ’s 

recommended determination on remedy 

and bonding. In the subject ID, the ALJ 

found that the accused products do not 

infringe asserted claims, 17, 24 and 30, 

of the ’424 patent. The ALJ also found 

that none of the cited references 

anticipated the asserted claims and that 

none of the cited references rendered 

the asserted claims obvious. The ALJ 

further found the Respondents not liable 

for contributory or induced 

infringement of the asserted claims of 

the ’424 patent. Likewise, the ALJ found 

that SanDisk failed to prove that the sole 


hsrobinson on DSK69SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 44383 

respondent accused of infringing claim 

8 of the ’011 patent, Imation, induced or 

contributed to infringement of the 

patent. The ALJ also found that 

SanDisk’s rights in the ’011 patent were 

not exhausted and that claim 8 of the 

’011 patent satisfies the indefiniteness 

requirement of 35 U.S.C. 112, second 

paragraph. The ALJ, however, 

concluded that the prior art rendered 

claim 8 of the ’011 patent obvious. 

On May 4, 2009, SanDisk and the 

Commission investigative attorney filed 

petitions for review of the ID. That same 

day, Respondents filed a collective 

contingent petition for review of the ID 

with respect to the ’424 patent. Skymedi 

Corporation and Imation Respondents, 

in addition to joining the collective 

contingent petition for review, filed 

individual contingent petitions for 

review. On May 18, 2009, the parties 

filed responses to the various petitions 

and contingent petitions for review. 

On April 21, 2009, the Commission 

extended the date by which to 

determine whether to review the ALJ’s 

initial ID from June 9, 2009, to June 22, 

2009, and on May 28, 2009, the 

Commission extended the date for 

determining whether to review the ID 

from June 22, 2009, to August 24, 2009. 

The Commission also extended the 

target date for completion of the 

investigation from August 10, 2009 to 

October 23, 2009. 

Having examined the record of this 

investigation, including the ALJ’s final 

ID, the petitions for review, and the 

responses thereto, the Commission has 

determined to review the final ID in 

part. The Commission has determined 

to review the claim construction of 

claims 17, 24 and 30 of the ’424 patent; 

infringement of the asserted claims of 

the ’424 patent; validity of the ’424 

patent; and the ALJ’s decision not to 

consider the Sinclair PCT publication as 

evidence of prior art to claim 17 of the 

’424 patent. The Commission has 

determined not to review any other 

issues. 

The parties are requested to brief their 

positions on the issues under review 

with reference to the applicable law and 

the evidentiary record. In connection 

with its review, the Commission is 

particularly interested in responses to 

the following questions: 

1. Address whether the accused 

products would infringe claim 17 of the 

’424 patent if construction of the claim 

term ‘‘updating pages of original data 

within any of the metablock component 

blocks less than all the pages within the 

block’’ is construed to cover single-page 

updates. Please cite record evidence 

and/or relevant legal precedent to 

support your position. 

2. Address whether the claim term 

‘‘reading and assembling data from the 

first and second plurality of pages’’ as 

recited in claim 20 of the ’424 patent 

should be construed to cover the socalled ‘‘table method,’’ and whether the 

accused products would infringe claims 

24 and 30 of the ’424 patent as a result. 

See ’424 patent (JX–2) at column 10, 

lines 44–59; FIG. 12. Please cite record 

evidence and relevant legal authority to 

support your position. 

3. Address why the Sinclair PCT 

publication was not listed on any notice 

of prior art as required by Ground Rule 

No. 5, and having violated the ground 

rule, why none of the parties availed 

itself of its remedy to submit a timely 

written motion showing good cause why 

the reference was not listed. See Order 

No. 2 at 9–10. 

4. Address under what circumstances, 

if any, the Commission should consider 

a reference that was not submitted in 

accordance with an ALJ’s ground rule. 

5. Address the similarities and 

differences, if any, between U.S. Patent 

No. 6,725,321 to Alan Welsh Sinclair et 

al. (RX–628) and its corresponding 

Patent Cooperation Treaty publication, 

WO 00/49488 (‘‘the Sinclair PCT 

publication’’) (RX–1038—rejected by 

ALJ) and whether the Sinclair PCT 

publication invalidates claim 17 of the 

’424 patent. Please cite record evidence 

and any relevant legal authority to 

support your position. 

In connection with the final 

disposition of this investigation, the 

Commission may (1) issue an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue one or 

more cease and desist orders that could 

result in the respondent(s) being 

required to cease and desist from 

engaging in unfair acts in the 

importation and sale of such articles. 

Accordingly, the Commission is 

interested in receiving written 

submissions that address the form of 

remedy, if any, that should be ordered. 

If a party seeks exclusion of an article 

from entry into the United States for 

purposes other than entry for 

consumption, the party should so 

indicate and provide information 

establishing that activities involving 

other types of entry either are adversely 

affecting it or likely to do so. For 

background, see In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. No. 2843 (December 1994) 

(Commission Opinion). 

If the Commission contemplates some 

form of remedy, it must consider the 

effects of that remedy upon the public 

interest. The factors the Commission 

will consider include the effect that an 

exclusion order and/or cease and desist 

orders would have on (1) the public 

health and welfare, (2) competitive 

conditions in the U.S. economy, (3) U.S. 

production of articles that are like or 

directly competitive with those that are 

subject to investigation, and (4) U.S. 

consumers. The Commission is 

therefore interested in receiving written 

submissions that address the 

aforementioned public interest factors 

in the context of this investigation. 

If the Commission orders some form 

of remedy, the U.S. Trade 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

See Presidential Memorandum of July 

21, 2005, 70 FR 43251 (July 26, 2005). 

During this period, the subject articles 

would be entitled to enter the United 

States under bond, in an amount 

determined by the Commission. The 

Commission is therefore interested in 

receiving submissions concerning the 

amount of the bond that should be 

imposed if a remedy is ordered. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on the issues 

identified in this notice. Parties to the 

investigation, interested government 

agencies, and any other interested 

parties are encouraged to file written 

submissions on the issues of remedy, 

the public interest, and bonding. Such 

submissions should address the 

recommended determination by the ALJ 

on remedy and bonding. Complainants 

and the IA are also requested to submit 

proposed remedial orders for the 

Commission’s consideration. 

Complainants are also requested to state 

the dates that the patents expire and the 

HTSUS numbers under which the 

accused products are imported. The 

written submissions and proposed 

remedial orders must be filed no later 

than close of business on Thursday, 

September 3, 2009. Reply submissions 

must be filed no later than the close of 

business on Friday, September 12, 2009. 

No further submissions on these issues 

will be permitted unless otherwise 

ordered by the Commission. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 


hsrobinson on DSK69SOYB1PROD with NOTICES
44384 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 

why the Commission should grant such 

treatment. See 19 CFR 210.6. Documents 

for which confidential treatment by the 

Commission is sought will be treated 

accordingly. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary. 

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 

sections 210.42–46 and 210.50 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.42–46 and 

210.50). 

By order of the Commission. 

Dated: Issued: August 24, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. E9–20706 Filed 8–27–09; 8:45 am] 

BILLING CODE P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–668] 

In the Matter of Certain Non-Shellfish 

Derived Glucosamine and Products 

Containing Same; Notice of 

Commission Determination To Review 

an Initial Determination Granting a 

Joint Motion To Terminate the 

Investigation as to Respondent Ethical 

Naturals, Inc. From the Investigation 

Based Upon a Settlement Agreement; 

Briefing Schedule 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

an initial determination (‘‘ID’’) (Order 

No. 26) granting a joint motion to 

terminate the investigation as to 

respondent Ethical Naturals, Inc. from 

the investigation based upon a 

settlement agreement. 

FOR FURTHER INFORMATION CONTACT: 

James A. Worth, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3065. 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 (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: This 

investigation was instituted on March 4, 

2009, based upon a complaint filed on 

behalf of Cargill, Inc. of Wayzata, 

Minnesota (‘‘Cargill’’) on January 28, 

2009, and supplemented on February 

13, 2009. 74 FR 9428 (March 4, 2009). 

The complaint alleged violations of 

section 337 of the Tariff Act of 1930 (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 nonshellfish derived glucosamine and 

products containing same that infringe 

certain claims of United States Patent 

No. 7,049,433. The notice of 

investigation named six firms as 

respondents. 

On May 27, 2009, Cargill and ENI 

filed a motion to terminate the 

investigation based upon a settlement 

agreement and license agreement. The 

ALJ denied this motion. Order No. 23 

(June 29, 2009). 

On June 1, 2009, the Commission 

issued notice of its determination not to 

review an ID terminating the 

investigation with respect to 

respondents Hygieia Health Co., Ltd. 

and TSI Health Sciences, Inc. based on 

a settlement agreement. On July 28, 

2009, the Commission issued notice of 

its determination not to review an ID 

terminating the investigation with 

respect to Nantong Foreign Medicines & 

Health Products Co., Ltd. and Tiancheng 

International, Inc. on the basis of 

withdrawal of the complaint as to these 

two respondents. On July 30, 2009, the 

Commission issued notice of its 

determination not to review an ID 

terminating the investigation with 

respect to DNP International, Inc. on the 

basis of a consent order. 

On July 13, 2009, Cargill and 

respondent ENI filed a second joint 

motion pursuant to Commission Rule 

210.21(b) to terminate the investigation 

based upon a settlement agreement and 

license agreement. On July 23, 2009, the 

Commission investigative attorney filed 

a response in support of the motion. 

On July 24, 2009, the ALJ issued 

Order No. 26, granting the motion. No 

petitions for review were filed. 

The Commission has determined to 

review the subject ID. In connection 

with its review, the Commission is 

particularly interested in responses to 

the following: 

[CONFIDENTIAL INFORMATION 

DELETED] 

The parties are requested to brief their 

positions with reference to the 

applicable law and the evidentiary 

record. 

Written Submissions: Parties are 

requested to file written submissions on 

the issues identified in this notice. The 

written submissions must be filed no 

later than close of business on 

September 7, 2009. Reply submissions 

must be filed no later than the close of 

business on September 17, 2009. No 

further submissions on these issues will 

be permitted unless otherwise ordered 

by the Commission. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR 210.6. Documents 

for which confidential treatment by the 

Commission is sought will be treated 

accordingly. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary. 

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 

sections 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

By order of the Commission. 

Issued: August 24, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–20811 Filed 8–27–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–684] 

In the Matter of Certain Articulated 

Coordinate Measuring Arms and 

Components Thereof; Notice of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 


hsrobinson on DSK69SOYB1PROD with NOTICES