11750 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Notices 

Federal Circuit decision in C.R. Bard, 

Inc. v. U.S. Surgical Corp., 388 F.3d 858, 

864 (Fed. Cir. 2004)? 

(c) (i) Does the record evidence 

support the ALJ’s finding that 

Mullenborn discloses ‘‘what can 

arguably be described as a package,’’ ID 

at 78? 

(ii) Does the record evidence support 

the ALJ’s finding that Mullenborn does 

not meet the limitation ‘‘chamber being 

defined by the first member and the 

second member,’’ ID at 79? 

(d) Provided the ALJ’s finding that 

‘‘[Baumhauer] does not disclose first or 

second level connections and it fails to 

disclose a package substrate,’’ ID at 132, 

cannot be used to support his 

conclusion that ‘‘Baumhauer fails to 

teach or suggest a package,’’ see id., is 

there record evidence to support the 

ALJ’s above conclusion that is 

consistent with (i) the ALJ’s finding 

(and the infringement analysis that lead 

to such a finding) that the accused 

MemsTech’s products are surface 

mountable packages and that they 

literally infringe claim 1 of the ’089 

patent, see ID at 197–98, and (ii) the 

ALJ’s construction of claim 1 (and 

specifically, the preamble of claim 1), 

see ID at 27–29. 

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 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 are 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 (Dec. 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 President has 60 days to 

approve or disapprove the 

Commission’s action. During this 

period, the subject articles would be 

entitled to enter the United States under 

bond, in an amount determined by the 

Commission and prescribed by the 

Secretary of the Treasury. The 

Commission is therefore interested in 

receiving submissions concerning the 

amount of the bond that should be 

imposed. 

Written Submissions: The parties to 

the investigation are requested to file 

written submissions on the issues under 

review. The submissions should be 

concise and thoroughly referenced to 

the record in this investigation. 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. Complainant and the 

Commission investigative attorney are 

also requested to submit proposed 

remedial orders for the Commission’s 

consideration. Complainant is further 

requested to provide the expiration 

dates of the asserted patents at issue in 

this investigation and state the HTSUS 

number under which the accused 

articles are imported. The written 

submissions and proposed remedial 

orders must be filed no later than the 

close of business on March 27, 2009. 

Reply submissions must be filed no later 

than the close of business on April 3, 

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 (or portion thereof) 

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 section 201.6 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 201.6. 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 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42–.46). 

By order of the Commission. 

Issued: March 13, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–5934 Filed 3–19–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–09–008] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: March 24, 2009 at 11 

a.m. 

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436. Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: None. 

2. Minutes. 

3. Ratification list. 

4. Inv. No. 731–TA–1021 (Review) 

(Malleable Cast Iron Pipe Fittings From 

China)—briefing and vote. (The 

Commission is currently scheduled to 

transmit its determination and 

Commissioners’ opinions to the 

Secretary of Commerce on or before 

April 1, 2009.) 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

Issued: March 17, 2009. 

By order of the Commission. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. E9–6088 Filed 3–17–09; 11:15 am] 

BILLING CODE 7020–02–P 


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