Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 57621 

not invalid and that those patents are 

not unenforceable. 

On May 27, 2005, complainants and 

respondents each petitioned for review 

of portions of the final ID. On June 6, 

2005, complainants, respondents, and 

the IA filed responses to the petitions 

for review. 

On July 19, 2005, the Commission 

determined to review the ID in part. 70 

FR 42589–91. Specifically, the 

Commission determined to review the 

ID’s findings of fact and conclusions of 

law with respect to the ’527 and ’440 

patents. Id. The Commission 

determined not to review the ID’s 

findings of fact and conclusions of law 

with respect to the ’736 patent, thereby 

adopting them. Id. Accordingly, the 

Commission found no violation of 

section 337 with respect to the ’736 

patent. Id. The Commission also 

determined to review and modify the ID 

to clarify that respondents accused of 

infringing only the asserted claims of 

the ’736 patent (viz., respondents 

Audiovox Corporation; Initial 

Technology, Inc.; Mintek Digital, Inc.; 

Shinco International AV Co., Ltd.; 

Changzhou Shinco Digital Technology 

Co., Ltd.; Jiangsu Shinco Electronic 

Group Co., Ltd.; Terapin Technology 

Pte., Ltd. [formerly known as Teraoptix 

d/b/a Terapin Technology] of Singapore; 

and Terapin Technology U.S. [formerly 

also known as Teraoptix]) are not in 

violation of Section 337. Id. 

In its notice of review, the 

Commission invited the parties to file 

written submissions on the issues under 

review, posed briefing questions for the 

parties to answer, and invited interested 

persons to file written submissions on 

the issues of remedy, the public interest, 

and bonding. Id. 

All parties filed initial submissions on 

August 1, 2005. Also on August 1, 2005, 

respondents filed a letter requesting 

clarification of the scope of briefing 

question 3(a) in the Commission’s 

notice of review, and permission to brief 

new issues not previously raised. On 

August 8, 2005, all parties filed reply 

submissions. 

The Commission has determined to 

deny respondents’ August 1, 2005, letter 

request for permission to brief new 

issues that were not previously raised, 

and respondents’ August 8, 2005, 

request under 19 CFR 210.45(a). 

Having examined the record in this 

investigation, including the submissions 

and responses thereto, the Commission 

has determined that there is a violation 

of section 337 as to claim 3 of the ’527 

patent, but no violation of the statute as 

to the remaining claims in issue of the 

’527 patent (viz., claims 1 and 2) and no 

violation as to the claims in issue of the 

’440 patent (viz., claims 1, 5, 7, 8, 10, 

13, 14, 19, and 21). 

The Commission has determined that 

respondents waived their arguments (1) 

that the asserted claims are invalid 

under 35 U.S.C. 102(f) for non-joinder of 

Western Digital engineers other than 

Shishir Shah and (2) concerning the 

respective dates of reduction to practice 

for Western Digital’s HISIDE chip and 

the claims of the ’440 and ’527 patents. 

The Commission has determined to 

adopt the ID with the following 

modifications and exceptions. The 

Commission has determined to modify 

the ID’s construction of ‘‘controller’’ to 

reflect that, although the limitation 

‘‘optical drive controller’’ means ‘‘a 

device or group of devices to control 

data communications between a host 

computer and the optical disk drive 

electronics’ (ID at 80), configurations 

wherein a ‘‘controller requires a 

translator card or other intervening 

circuitry between the controller and the 

IDE bus to translate or manipulate 

command data’’ were disclaimed during 

prosecution. The Commission has 

determined to affirm the balance of the 

ID’s claim construction. 

The Commission has determined to 

vacate the ID’s finding that there is a 

conception date of the asserted claims of 

the ’527 and ’440 patents at least by 

April 21, 1993, (see ID at 129 n.45, 142), 

and has further determined to vacate the 

statement (ID at 142) that expressly 

relies on the April 21, 1993, conception 

date to make an alternate finding, viz., 

‘‘[e]ven assuming that conception of a 

transport mechanism that attached a 

CD-ROM drive to an IDE/ATA bus was 

relevant, there is no contemporaneous 

documentation showing conception in 

December 1992 or a conception even 

before the April 1993 conception of the 

claimed inventions in issue.’’

The Commission has determined to 

vacate the ALJ’s infringement findings 

with respect to the MT1528, MT1558, 

and MT1668 because the record does 

not support such findings. 

The Commission has determined to 

clarify that complainants met the 

economic prong of the domestic 

industry requirement based on 

‘‘substantial investment’’ in 

‘‘engineering, research and 

development,’’ rather than through 

licensing. The Commission has also 

determined to correct certain 

typographical errors on pages 75–76, 

129, and 156 of the ID. 

The Commission also made 

determinations on the issues of remedy, 

the public interest, and bonding. The 

Commission determined that the 

appropriate form of relief is a limited 

exclusion order prohibiting the 

unlicensed entry of chips or chipsets 

covered by claim 3 of U.S. Patent No. 

6,584,527 manufactured abroad or 

imported by or on behalf of Mediatek, 

Inc. of Hsin-Chu City, Taiwan, and 

optical storage devices containing such 

covered chips or chipsets that are 

manufactured abroad or imported by or 

on behalf of Artronix Technology, Inc. 

of Brea, CA; ASUSTek Computer, Inc. of 

Taipei, Taiwan; ASUS Computer 

International of Fremont, CA; MSI 

Computer Corporation of City of 

Industry, CA; TEAC America Inc. of 

Montebello, CA; EPO Science and 

Technology, Inc. of Taipei, Taiwan; 

LITE-ON Information Technology Corp. 

of Taipei, Taiwan; Micro-Star 

International Co., Ltd. of Taipei Hsien, 

Taiwan; TEAC Corp. of Tokyo, Japan; or 

Ultima Electronics Corp. of Taipei 

Hsien, Taiwan. The Commission has 

also determined to issue cease and 

desist orders directed to Artronix 

Technology, Inc.; ASUSTek Computer, 

Inc.; ASUS Computer International; MSI 

Computer Corporation; TEAC America 

Inc.; EPO Science and Technology, Inc.; 

and LITE-ON Information Technology 

Corp. 

The Commission also determined that 

the public interest factors enumerated in 

19 U.S.C. 1337(d) and (f) do not 

preclude issuance of the remedial 

orders, and that the bond during the 

Presidential period of review shall be 

set at 100 percent of the entered value 

for any covered chips or chipsets and 

$4.43 per unit for any optical storage 

device containing covered chips or 

chipsets. 

The authority for the Commission’s 

determinations is contained in section 

337 of the Tariff Act of 1930, as 

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

§§ 210.45–210.51 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.45–210.51). 

Issued: September 28, 2005. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–19703 Filed 9–30–05; 8:45 am] 

BILLING CODE 7020–02–P 

JUDICIAL CONFERENCE OF THE 

UNITED STATES 

Hearing of the Judicial Conference 

Advisory Committee on Rules of Civil 

Procedure 

AGENCY: Judicial Conference of the 

United States Advisory Committee on 

Rules of Civil Procedure. 

ACTION: Notice of cancellation of open 

hearing. 

57622 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 

SUMMARY: The public hearing on 

proposed amendments to the Federal 

Rules of Civil Procedure, scheduled for 

October 26, 2005, in San Francisco, 

California, has been canceled. [Original 

notice of hearing appeared in the 

Federal Register of July 14, 2005.] 

FOR FURTHER INFORMATION CONTACT: John 

K. Rabiej, Chief, Rules Committee 

Support Office, Administrative Office of 

the United States Courts, Washington, 

DC 20544, telephone (202) 502–1820. 

Dated: September 26, 2005. 

John K. Rabiej, 

Chief, Rules Committee Support Office. 

[FR Doc. 05–19679 Filed 9–30–05; 8:45 am] 

BILLING CODE 2210–55–M 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested 

ACTION: 60-Day Notice of Information 

Collection Under Review: Identification 

of Imported Explosives Materials. 

The Department of Justice (DOJ), 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives (ATF), has submitted 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. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. Comments are 

encouraged and will be accepted for 

‘‘sixty days’’ until December 2, 2005. 

This process is conducted in accordance 

with 5 CFR 1320.10. 

If you have 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 Gary Bangs, Explosives 

Industry Programs Branch, Room 5000, 

650 Massachusetts Avenue, NW., 

Washington, DC 20226. 

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: 

—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; 

—Evaluate the accuracy of the agencies 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Overview of this information 

collection: 

(1) Type of Information Collection: 

Extension of a currently approved 

collection. 

(2) Title of the Form/Collection: 

Identification of Imported Explosives 

Materials. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Justice sponsoring the 

collection: Form Number: None. Bureau 

of Alcohol, Tobacco, Firearms and 

Explosives. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Business or other forprofit. Other: None. The information is 

necessary to ensure that explosive 

materials can be effectively traced. All 

licensed importers are required to 

identify by marking all explosive 

materials they import for sale or 

distribution. The process provides 

valuable information in explosion and 

bombing investigations. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: It is estimated that 15 

respondents will spend 1 hour placing 

marks of identification on imported 

explosives. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: There are an estimated 45 

annual total burden hours associated 

with this collection. 

If additional information is required 

contact: Brenda E. Dyer, Department 

Clearance Officer, Policy and Planning 

Staff, Justice Management Division, 

Department of Justice, Patrick Henry 

Building, Suite 1600, 601 D Street NW., 

Washington, DC 20530, or by e-mail at 

brenda.e.dyer@usdoj.gov. 

Dated: September 28, 2005. 

Brenda E. Dyer, 

Department Clearance Officer, Department of 

Justice. 

[FR Doc. 05–19699 Filed 9–30–05; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested 

ACTION: 60-Day Notice of Information 

Collection Under Review: Prescription 

Monitoring Program Questionnaire. 

The Department of Justice (DOJ), Drug 

Enforcement Administration (DEA), has 

submitted 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. 

The proposed information collection is 

published to obtain comments from the 

public and affected agencies. Comments 

are encouraged and will be accepted for 

‘‘sixty days’’ until December 2, 2005. 

This process is conducted in accordance 

with 5 CFR 1320.10. 

If you have 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 Patricia M. Good, Chief, 

Liaison and Policy Section, Office of 

Diversion Control, Drug Enforcement 

Administration, Washington, DC 20537. 

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: 

—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; 

—Evaluate the accuracy of the agencies 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological