Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Notices 7033 

page: http://www.blm.gov/ca/st/en/info/ 

rac/dac.html. The following must 

accompany the form for all 

nominations: 

• Letters of reference from 

represented interests or organizations. 

• A completed background 

information nomination form. 

• Any other information that 

addresses the nominee’s qualifications. 

Nominees unable to download the 

nomination form may contact the BLM 

California Desert District External 

Affairs staff at (951) 697–5217 to request 

a copy. Advisory Council members are 

appointed by the Secretary of the 

Interior. The Obama Administration 

prohibits individuals who are currently 

federally registered lobbyists to serve on 

all FACA and non-FACA boards, 

committees or councils. 

Authority: 43 CFR 1784.4–1. 

Teresa A. Raml, 

California Desert District Manager. 

[FR Doc. 2015–02550 Filed 2–6–15; 8:45 am] 

BILLING CODE 4310–40–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–895] 

Certain Multiple Mode Outdoor Grills 

and Parts Thereof; Commission’s Final 

Determination Finding a Violation of 

Section 337; Issuance of a Limited 

Exclusion Order and Cease and Desist 

Orders; 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 found a violation of 

Section 337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), in the 

unlawful importation, sale for 

importation, and sale after importation 

by respondents The Brinkmann 

Corporation (‘‘Brinkmann’’) of Dallas, 

Texas; Outdoor Leisure Products, Inc. 

(‘‘OLP’’) of Neosho, Missouri; Dongguan 

Kingsun Enterprises Co., Ltd. 

(‘‘Kingsun’’) of Dongguan City, China; 

Academy, Ltd. (‘‘Academy’’) of Katy, 

Texas; and Ningbo Huige Outdoor 

Products Co., Ltd. (‘‘Huige’’) of Zhejiang 

Province, China, of certain multiple 

mode outdoor grills and parts thereof by 

reason of infringement of one or more 

claims of U.S. Patent No. 8,381,712 

(‘‘the ’712 patent’’). The Commission 

also found defaulted respondent 

Keesung Manufacturing Co., Ltd. 

(‘‘Keesung’’) of Guangzhou, China in 

violation pursuant to Section 337(g)(1). 

The Commission’s determination is 

final, and the investigation is 

terminated. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Chen, Esq., 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 September 26, 2013, based on a 

complaint filed on behalf of A&J 

Manufacturing, LLC of St. Simons, 

Georgia and A&J Manufacturing, Inc. of 

Green Cove Springs, Florida 

(collectively, ‘‘A&J’’ or 

‘‘Complainants’’). 78 Fed. Reg. 59373 

(Sept. 26, 2013). The complaint alleged 

violations of Section 337 of the Tariff 

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

1337, in the sale for importation, 

importation, or sale within the United 

States after importation of certain 

multiple mode outdoor grills and parts 

thereof by reason of infringement of 

certain claims of the ’712 patent, the 

claim of U.S. Patent No. D660,646, and 

the claim of U.S. Patent No. D662,773. 

The Commission’s notice of 

investigation, as amended, named 

numerous respondents including 

Brinkmann, OLP, Kingsun, Academy, 

Huige, Char-Broil, LLC (‘‘Char-Broil’’), 

and Fudeer Electric Appliance Co., Ltd. 

(‘‘Fudeer’’). The Office of Unfair Import 

Investigations (‘‘OUII’’) is also a party to 

this investigation. 

On January 9, 2014, the Commission 

determined not to review an initial 

determination finding respondent 

Keesung in default. Order No. 16 (Dec. 

20, 2013). 

On June 24, 2014, the Commission 

affirmed-in-part and vacated-in-part an 

initial determination granting-in-part a 

motion for summary determination of 

non-infringement filed by Char-Broil, 

Fudeer, OLP, Kingsun, Tractor Supply 

Co., and Chant Kitchen Equipment (HK) 

Ltd. The Commission found that 

Complainants admit that the following 

redesigned grills do not infringe the ’712 

patent: (1) Chant/Tractor Supply’s New 

Model 1046761; (2) Rankam’s Member’s 

Mark Grill, Model No. GR2071001–MM 

(Ver. 2) and (3) Rankam’s Smoke 

Canyon Grill, Model No. GR2034205–SC 

(Ver. 2). Comm’n Op. at 1 (Jun. 24, 

2014). The Commission found the other 

redesigned products at issue were 

within the scope of the investigation. Id. 

The Commission adopted the ALJ’s 

construction of the ‘‘openable [] cover’’ 

limitations of claims 1 and 17 on 

modified grounds. Id. The Commission 

affirmed the ALJ’s finding of noninfringement of claims 1 and 17 for the 

Char-Broil Oklahoma Joe Longhorn 

Model 12210767 Grill and adopted the 

ALJ’s findings that the redesigned grills 

do not infringe claims 1 and 17 on 

modified grounds. Id. The Commission 

also found that the ‘‘openable [] cover 

means’’ limitations of claim 10 are 

means-plus-function limitations and 

directed the ALJ to make findings 

consistent with its means-plus-function 

interpretation. Id. at 2. 

On July 31, 2014, the Commission 

determined not to review an initial 

determination granting a motion for 

partial termination of the investigation 

based on withdrawal of allegations in 

the complaint concerning the two 

asserted design patents. See Order No. 

50 (Jul. 14, 2014). 

On September 26, 2014, the ALJ 

issued the final Initial Determination 

(‘‘ID’’), finding a violation of section 337 

as to respondents Brinkmann, OLP, 

Kingsun, Academy, and Huige based 

upon his determinations: (i) That 

certain, but not all, accused products 

infringe at least one claim of the ’712 

patent; (ii) that the domestic industry 

requirement has been satisfied with 

respect to the ’712 patent; and (iii) that 

the asserted claims of the ’712 patent 

have not been shown by clear and 

convincing evidence to be invalid. On 

October 9, 2014, the ALJ issued his 

Recommended Determination on 

remedy and bonding. 

On October 14, 2014, A&J filed a 

petition for review of certain aspects of 

the final ID’s findings concerning claim 

construction and infringement. On the 

same day, Brinkmann, OLP, and 

Academy together sought review of 

certain aspects of the final ID’s findings 

regarding validity. OLP separately 

challenged certain aspects of the final 

ID’s findings regarding claim 

construction and infringement. 

Academy and Huige petitioned for 

review of the ID’s determination (Order 

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7034 Federal Register / Vol. 80, No. 26 / Monday, February 9, 2015 / Notices 

No. 47) to exclude evidence and 

testimony concerning their redesigns, 

and the ALJ’s refusal to make a 

determination as to whether those 

redesigns infringe the asserted claims of 

the ’712 patent. Responses to the 

petitions were filed on October 22, 

2014. 

On December 2, 2014, the 

Commission determined to review the 

final ID in part and requested briefing 

on issues it determined to review, and 

on remedy, the public interest, and 

bonding. 79 Fed. Reg. 72700–02 (Dec. 8, 

2014). Specifically, with respect to the 

’712 patent, the Commission determined 

to review: (1) The ID’s construction of 

the ‘‘exhaust’’ and ‘‘exhaust means’’ 

limitations in claims 10 and 16, and 

related findings regarding infringement 

of claims 10–16; (2) the ID’s findings 

regarding infringement of claims 1, 4, 

and 6–8 by the accused Dyna-Glo grills 

imported by respondent GHP Group, 

Incorporated; (3) the ID’s findings 

regarding infringement of claims 1, 2, 4– 

8, 10, 11, and 13–15 by the accused 

Char-Broil Model No. 463724512 grill; 

and (4) the ID’s finding that the ’712 

patent was not shown to be invalid. 

On December 12, 2014, A&J and OUII 

each filed initial written submissions 

regarding issues on review, remedy, the 

public interest, and bonding. On the 

same day, the respondents jointly filed 

their initial written submission 

regarding issues on review, remedy, the 

public interest, and bonding. Responses 

to the initial written submissions were 

filed on December 19, 2014. 

Having examined the record of this 

investigation, including the parties’ 

submissions and responses thereto, the 

Commission has determined that 35 

U.S.C. 112, ¶ 6 applies to the ‘‘exhaust 

means’’ and ‘‘exhaust’’ limitations in 

claims 10 and 16. Based on the 

Commission’s interpretation of claims 

10–16, the Commission has determined 

(i) that the accused Brinkmann 810– 

3821 grill infringes claims 10, 11, 13, 15, 

and 16; (ii) that the accused Academy/ 

Huige grills infringe claims 10–13, 15, 

and 16; and (iii) that the other accused 

Brinkmann grills, the OLP/Kingsun 

redesigned grills, the OLP/Kingsun 

original grills, and the Char-Broil/

Fudeer grills do not infringe any of 

claims 10–16 of the ’712 patent. The 

Commission vacates the ID’s finding 

that the DGB730SNB–D grill does not 

infringe claims 1, 4, and 6–8 of the ’712 

patent. The Commission also reverses 

the ID’s finding that the DGJ810CSB–D 

grill does not infringe claims 1, 4, and 

6–8 of the ’712 patent. With respect to 

the accused Char-Broil/Fudeer grill, 

Model No. 463724512, the Commission 

has determined to affirm, with modified 

reasoning, the ID’s finding that the grill 

does not infringe any asserted claims of 

the ’712 patent. The Commission has 

further determined to affirm, with 

modified reasoning, the ID’s finding that 

the asserted claims of the ’712 patent 

have not been proven invalid as 

obvious. Accordingly, the Commission 

has found a violation of section 337 as 

to respondents Brinkmann, OLP, 

Kingsun, Academy, and Huige, and 

defaulted respondent Keesung. 

The Commission has determined that 

the appropriate form of relief is a 

limited exclusion order prohibiting the 

unlicensed entry of covered multiple 

mode outdoor grills and parts thereof 

manufactured by, for, or on behalf of 

Brinkmann, OLP, Kingsun, Academy, 

Huige, and Keesung, or any of their 

affiliated companies, parents, 

subsidiaries, licensees, or other related 

business entities, or their successors or 

assigns. The Commission has also 

determined to issue cease and desist 

orders prohibiting Brinkmann, OLP, and 

Academy from further importing, 

selling, and distributing articles that 

infringe certain claims of the ’712 patent 

in the United States. The orders include 

the following exemptions: (1) Conduct 

licensed or authorized by the owner of 

the ’712 patent; (2) conduct related to 

covered products imported by or for the 

United States; and (3) the importation, 

distribution, and sale of parts for use in 

the maintenance, service, or repair of 

covered products purchased prior to the 

effective date of the orders. The 

Commission has carefully considered 

the submissions of the parties and has 

determined that the public interest 

factors enumerated in section 337(d)(1), 

(f)(1), and (g)(1) do not preclude 

issuance of its orders. 

Finally, the Commission has 

determined that excluded multiple 

mode outdoor grills and parts thereof 

may be imported and sold in the United 

States during the period of Presidential 

review (19 U.S.C. 1337(j)) with the 

posting of a bond of 100 percent of the 

entered value for all covered articles 

manufactured by, for, or on behalf of 

Keesung, and the posting of a bond of 

zero percent for all covered articles 

manufactured by, for, or on behalf of 

Brinkmann, OLP, Kingsun, Academy, 

and Huige. The Commission’s Orders 

and Opinion were delivered to the 

President and to the United States Trade 

Representative on the day of their 

issuance. 

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). 

Issued: February 3, 2015. 

By order of the Commission. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2015–02516 Filed 2–6–15; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1122–0006] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Semi-Annual 

Progress Report for Grantees From the 

Grants to Encourage Arrest Policies 

and Enforcement of Protection Orders 

Program; Extension of a Currently 

Approved Collection 

AGENCY: Office on Violence Against 

Women, Department of Justice. 

ACTION: 60-day notice. 

SUMMARY: The Department of Justice, 

Office on Violence Against Women 

(OVW) will be submitting the following 

information collection request to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. 

DATES: Comments are encouraged and 

will be accepted for 60 days until April 

10, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have additional comments 

especially on the estimated public 

burden or associated response time, 

suggestions, or need a copy of the 

proposed information collection 

instrument with instructions or 

additional information, please contact 

Cathy Poston, Office on Violence 

Against Women, at 202–514–5430 or 

Catherine.poston@usdoj.gov. 

SUPPLEMENTARY INFORMATION: Written 

comments and suggestions from the 

public and affected agencies concerning 

the proposed collection of information 

are encouraged. Your comments should 

address one or more of the following 

four points: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

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