Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Notices 16893 

to anticipation, invalidity due to 

obviousness, and direct and 

contributory infringement on February 

9, 2009. 74 FR 7263 (Feb. 13, 2009). Per 

its notice, the Commission also 

determined to grant Complainants’ 

motion to strike, and set a schedule for 

the filing of written submissions on the 

issues under review, including certain 

questions posed by the Commission, 

and on remedy, the public interest, and 

bonding. The parties have briefed, with 

initial and reply submissions, the issues 

under review and the issues of remedy, 

the public interest, and bonding. 

On review, the Commission has 

determined to (1) affirm the ALJ’s 

construction of ‘‘comb drive’’ (asserted 

claims 8, 13, 31–33), ‘‘comb drive 

means’’ (asserted claims 27, 41–42), 

‘‘drive means’’ (asserted claims 24–25), 

and ‘‘mode selector switch * * * 

moveable between a manual operation 

position * * * and an automatic 

operation position’’ (asserted claim 33); 

(2) modify the ALJ’s construction of 

‘‘discharge position adjacent the 

discharge end wall’’ (asserted claims 8, 

13) to ‘‘not distant, nearby,’’ thereby 

deleting the synonyms ‘‘adjoining, 

continguous, abutting, and coterminus;’’ 

and (3) construe ‘‘coupled to’’ in the 

limitation ‘‘comb * * * coupled to the 

comb drive’’ (asserted claims 31–33) as 

‘‘coupled or connected, directly or 

indirectly;’’ (4) affirm the ALJ’s finding 

of violation of § 337 as to Respondent 

Lucky Litter; (5) affirm the ALJ’s finding 

that the accused Lucky Litter products 

infringe claim 33 of the ‘847 patent; (6) 

affirm the ALJ’s finding of violation of 

§ 337 as to Respondent OurPet’s; (7) 

affirm the ALJ’s finding that the accused 

OurPet’s products infringe claim 33 of 

the ‘847 patent; (8) affirm the ALJ’s 

finding that infringed claim 33 is not 

invalid due to anticipation or 

obviousness; and (9) affirm the ID on 

any other findings under review except 

insofar as they are inconsistent with the 

opinion of the Commission. 

The Commission determined that the 

appropriate form of relief in this 

investigation is (1) a limited exclusion 

order prohibiting the unlicensed entry 

of self-cleaning litter boxes and 

components thereof, including 

cartridges, covered by claim 33 of U.S. 

Patent No. Re. 36,847 that are 

manufactured abroad by or on behalf of, 

or imported by or on behalf of, Lucky 

Litter and OurPet’s; and (2) cease and 

desist orders against Lucky Litter and 

OurPet’s. 

The Commission further determined 

that the public interest factors 

enumerated in section 337(d)(1) (19 

U.S.C. 1337(d)(1)) do not preclude 

issuance of the limited exclusion order. 

Finally, the Commission determined 

that the bond under the limited 

exclusion order during the Presidential 

review period shall be in the amount of 

100 percent of the entered value of the 

imported articles. The Commission’s 

orders were delivered to the President 

and the United States Trade 

Representative on the day of their 

issuance. 

The Commission has therefore 

terminated this investigation. 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 sections 

210.16(c) and 210.41–.42, 210.50 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.16(c) and 

210.41–.42, 210.50). 

Issued: April 8, 2009. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–8315 Filed 4–10–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging Proposed Consent 

Decree 

In accordance with Departmental 

Policy, 28 CFR 50.7, notice is hereby 

given that a proposed Consent Decree in 

United States of America v. The Port of 

Astoria, Oregon, CV 09–197 KI, was 

lodged with the United States District 

Court for the District of Oregon on 

March 20, 2009. 

This proposed Consent Decree 

concerns a complaint filed by the 

United States against The Port of Astoria 

pursuant to Section 301(a) of the Clean 

Water Act, 33 U.S.C. 1311(a), to obtain 

injunctive relief from and to impose 

civil penalties against the Port of Astoria 

for violating the Clean Water Act by 

discharging pollutants in violation of a 

permit into waters of the United States 

near Astoria, Oregon. The proposed 

Consent Decree resolves the allegations 

by requiring the Port of Astoria to pay 

a civil penalty and to hire and retain an 

environmental compliance officer. 

The Department of Justice will accept 

written comments relating to this 

proposed Consent Decree for thirty (30) 

days from the date of publication of this 

Notice. Please address comments to Neil 

J. Evans, Assistant United States 

Attorney, 1000 SW. Third Ave., Suite 

600, Portland, Oregon, 97204–2902, and 

refer to United States of America v. The 

Port of Astoria, Oregon (D. Ore.), CV 09– 

198 KI. 

The proposed Consent Decree may be 

examined at the Clerk’s Office, United 

States District Court for the District of 

Oregon, Mark O. Hatfield U.S. 

Courthouse, 1000 SW. Third Avenue, 

Portland, OR 97204–2902. In addition, 

the proposed Consent Decree may be 

viewed at http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. 

Russell Young, 

Assistant Chief, Environmental Defense 

Section, Environment & Natural Resources 

Division. 

[FR Doc. E9–8314 Filed 4–10–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,644] 

Rowe International Corporation, 

Belding, MI; Notice of Termination of 

Investigation 

Pursuant to Section 221 of the Trade 

Act of 1974, as amended, an 

investigation was initiated on March 20, 

2009 in response to a petition filed by 

a company official on behalf of the 

workers at Rowe International 

Corporation, Belding, Michigan. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated. 

Signed at Washington, DC, this 24th day of 

March 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–8272 Filed 4–10–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–65,197] 

Republic Doors and Frames, Inc., 

McKenzie, TN; Notice of Termination of 

Investigation 

In accordance with Section 221 of the 

Trade Act of 1974, as amended, an 

investigation was initiated on February 

10, 2009 in response to a petition filed 

by a Tennessee State AFL–CIO 

representative on behalf of workers of 

Republic Doors and Frames, Inc., 

McKenzie, Tennessee. 

The petitioner has requested that the 

petition be withdrawn. Consequently, 

the investigation has been terminated.