Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices 50253 

documents must also be filed in paper 

form, as specified in II(C) of the 

Commission’s Handbook on Electronic 

Filing Procedures, 67 FR 68168, 68173 

(November 8, 2002). 

In accordance with sections 201.16(c) 

and 207.3 of the rules, each document 

filed by a party to the review must be 

served on all other parties to the review 

(as identified by either the public or BPI 

service list), and a certificate of service 

must be timely filed. The Secretary will 

not accept a document for filing without 

a certificate of service. 

Determination.—The Commission has 

determined to exercise its authority to 

extend the review period by up to 90 

days pursuant to 19 U.S.C. 

§ 1675(c)(5)(B). 

Authority: This review is being conducted 

under authority of title VII of the Tariff Act 

of 1930; this notice is published pursuant to 

section 207.62 of the Commission’s rules. 

By order of the Commission. 

Issued: August 9, 2011. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. 2011–20544 Filed 8–11–11; 8:45 am] 

BILLING CODE P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–797] 

Certain Portable Electronic Devices 

and Related Software; Notice of 

Institution of Investigation; Institution 

of Investigation Pursuant to 19 U.S.C. 

1337 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on July 

8, 2011, under section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, on behalf of Apple Inc., f/k/a 

Apple Computer, Inc. of Cupertino, 

California. A supplement was filed on 

August 3, 2011. The complaint alleges 

violations of section 337 based upon the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain portable electronic devices and 

related software by reason of 

infringement of certain claims of U.S. 

Patent No. 7,844,915 (‘‘the ‘915 patent’’); 

U.S. Patent No. 7,469,381 (‘‘the ‘381 

patent’’); U.S. Patent No. 7,084,859 (‘‘the 

‘859 patent’’); U.S. Patent No. 7,920,129 

(‘‘the ‘129 patent’’); and U.S. Patent No. 

6,956,564 (‘‘the ‘564 patent’’). The 

complaint further alleges that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. 

The complainant requests that the 

Commission institute an investigation 

and, after the investigation, issue an 

exclusion order and a cease and desist 

order. 

ADDRESSES: The complaint and 

supplement, except for any confidential 

information contained therein, are 

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., Room 112, Washington, DC 

20436, telephone (202) 205–2000. 

Hearing impaired individuals are 

advised that information on this matter 

can be obtained by contacting the 

Commission’s TDD terminal on (202) 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at (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. 

FOR FURTHER INFORMATION CONTACT: The 

Office of Unfair Import Investigations, 

U.S. International Trade Commission, 

telephone (202) 205–2560. 

Authority: The authority for institution of 

this investigation is contained in section 337 

of the Tariff Act of 1930, as amended, and 

in section 210.10 of the Commission’s Rules 

of Practice and Procedure, 19 CFR 210.10 

(2011). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

August 5, 2011, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(B) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain portable 

electronic devices and related software 

that infringe one or more of claims 1– 

5, 7–12, 14–19, and 21 of the ‘915 

patent; claims 1–20 of the ‘381 patent; 

claims 14–20, 25, and 28 of the ‘859 

patent; claims 1–3, 5–12, 14–19, 21, 22, 

and 24–28 of the ‘129 patent; and claims 

28 and 36 of the ‘564 patent, and 

whether an industry in the United 

States exists as required by subsection 

(a)(2) of section 337; 

(2) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainant is: 

Apple Inc., f/k/a Apple Computer, Inc., 

1 Infinite Loop, 

Cupertino, CA 95014. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

HTC Corp., 

23 Xinghua Road, Taoyuan 330, 

Taiwan. 

HTC America, Inc., 

13920 SE. Eastgate Way, Suite 400, 

Bellevue, WA 98005. 

Exedea, Inc., 

5950 Corporate Drive, 

Houston, TX 77036. 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street, SW., Suite 

401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

the Acting Chief Administrative Law 

Judge Charles E. Bullock, U.S. 

International Trade Commission, shall 

designate the presiding Administrative 

Law Judge. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d)–(e) and 210.13(a), 

such responses will be considered by 

the Commission if received not later 

than 20 days after the date of service by 

the Commission of the complaint and 

the notice of investigation. Extensions of 

time for submitting responses to the 

complaint and the notice of 

investigation will not be granted unless 

good cause therefor is shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

mstockstill on DSK4VPTVN1PROD with NOTICES

50254 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Notices 

Issued: August 8, 2011. 

William R. Bishop, 

Acting Secretary to the Commission. 

[FR Doc. 2011–20467 Filed 8–11–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980 (‘‘CERCLA’’) 

Notice is hereby given that on August 

3, 2011, a proposed Consent Decree in 

United States and Commonwealth of 

Massachusetts v. BIM Investment Corp. 

et al., Civil Action No. 1:11-cv-11382 

was lodged with the United States 

District Court for the District of 

Massachusetts. 

The Consent Decree resolves claims 

brought by the United States, on behalf 

of the United States Department of the 

Interior (‘‘DOI’’), acting through the 

United States Fish and Wildlife Service, 

and the Commonwealth of 

Massachusetts (‘‘Commonwealth’’), on 

behalf of the Secretary of Energy and 

Environmental Affairs (‘‘EEA’’), against 

four parties (‘‘Settling Defendants’’) 

under Section 107 of CERCLA, 42 U.S.C. 

9607. In their respective complaints, 

filed concurrently with the Consent 

Decree, the United States and the 

Commonwealth sought damages in 

order to compensate for and restore 

natural resources injured by the release 

or threatened release of hazardous 

substances at or from the Blackburn and 

Union Privileges Superfund Site in 

Walpole, Massachusetts (the ‘‘Site’’), 

along with the recovery of costs 

incurred in assessing such damages. 

Under the Consent Decree, Settling 

Defendants Tyco Healthcare Group LP, 

W.R. Grace & Co.-Conn., BIM 

Investment Corporation, and Shaffer 

Realty Nominee Trust will pay 

$1,000,000 for natural resource damages 

restoration projects to be conducted by 

DOI and EEA. The Consent Decree also 

requires the Settling Defendants to 

reimburse the United States and the 

Commonwealth for a combined 

$94,169.56 in assessment costs. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States and Commonwealth of 

Massachusetts v. BIM Investment Corp. 

et al., D.J. Ref. No. 90–11–3–09667/1. 

During the public comment period, 

the Consent Decree may also be 

examined on the following Department 

of Justice Web site: http:// 

www.justice.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $6.75 (25 cents per 

page reproduction cost), payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Ronald G. Gluck, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2011–20581 Filed 8–11–11; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

United States v. Verifone Systems, Inc. 

and Hypercom Corporation; Proposed 

Final Judgment and Competitive 

Impact Statement 

Notice is hereby given pursuant to the 

Antitrust Procedures and Penalties Act, 

15 U.S.C. 16(b)–(h), that a proposed 

Final Judgment, Stipulation and 

Competitive Impact Statement have 

been filed with the United States 

District Court for the District of 

Columbia in United States of America v. 

Verifone Systems, Inc. and Hypercom 

Corporation, Civil Action No. 1:11–cv– 

00887. On June 27, 2011, the United 

States filed an Amended Complaint 

alleging that the proposed acquisition 

by Verifone Systems, Inc. of the 

business assets of Hypercom 

Corporation would violate Section 7 of 

the Clayton Act, 15 U.S.C. 18. The 

proposed Final Judgment, filed on 

August 4, 2011, requires the Defendants 

to divest Hypercom’s U.S. business, 

along with certain tangible and 

intangible assets. 

Copies of the Complaint, proposed 

Final Judgment and Competitive Impact 

Statement are available for inspection at 

the Department of Justice, Antitrust 

Division, Antitrust Documents Group, 

450 Fifth Street, NW., Suite 1010, 

Washington, DC 20530 (telephone: 202– 

514–2481), on the Department of 

Justice’s Web site at http:// 

www.usdoj.gov/atr, and at the Office of 

the Clerk of the United States District 

Court for the District of Columbia. 

Copies of these materials may be 

obtained from the Antitrust Division 

upon request and payment of the 

copying fee set by Department of Justice 

regulations. 

Public comment is invited within 60 

days of the date of this notice. Such 

comments, and responses thereto, will 

be published in the Federal Register 

and filed with the Court. Comments 

should be directed to James J. Tierney, 

Chief, Networks and Technology 

Enforcement Section, Antitrust 

Division, Department of Justice, 

Washington, DC 20530 (telephone: 202– 

307–6200). 

Patricia A. Brink, 

Director of Civil Enforcement. 

In the United States District Court for 

the District of Columbia 

United States of America, United States 

Department of Justice, Antitrust Division, 450 

Fifth Street, NW., Suite 7100, Washington, 

DC 20530, Plaintiff, v. Verifone Systems, Inc., 

2099 Gateway Place, Suite 600, San Jose, CA 

95110, and Hypercom Corporation, 8888 East 

Raintree Drive, Suite 300, Scottsdale, AZ 

85260, Defendants. 

Case: 1:11–cv–00887. 

Assigned to: Kessler, Gladys. 

Assign. Date: 5/12/2011. 

Description: Antitrust. 

Amended Complaint 

The United States of America, acting 

under the direction of the Attorney 

General of the United States, brings this 

civil action against VeriFone Systems 

Inc. (‘‘VeriFone’’), and Hypercom 

Corporation (‘‘Hypercom’’) pursuant to 

the antitrust laws of the United States to 

enjoin VeriFone’s proposed acquisition 

of Hypercom, and to obtain such other 

equitable relief as the Court deems 

appropriate. The United States alleges 

as follows: 

I. Nature of Action 

1. Point of sale (‘‘POS’’) terminals 

enable retailers and other firms to 

accept a wide range of non-cash 

payment types, such as credit cards and 

debit cards, at millions of locations 

nationwide. Given the increasing 

popularity of electronic payments, the 

vast majority of merchants need to 

accept such cards and use POS 

terminals to handle billions of dollars of 

on-site electronic payments daily. This 

complaint seeks to enjoin Defendants 

mstockstill on DSK4VPTVN1PROD with NOTICES