55920 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436, 

telephone (202) 205–3115. 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 (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 patent-based 

investigation, which concerns 

allegations of unfair acts in violation of 

section 337 of the Tariff Act of 1930 in 

the importation and sale of certain settop boxes, on March 21, 2001. 66 FR 

15887 (March 21, 2001). Complainants 

Gemstar-TV Guide International, Inc. of 

Pasadena, California, and StarSight 

Telecast, Inc. of Fremont, California 

(collectively, ‘‘Gemstar’’), named 

Pioneer Corporation, Pioneer North 

America, Inc., Pioneer Digital 

Technologies, Inc., and Pioneer New 

Media Technologies, Inc. (collectively, 

‘‘Pioneer’’); EchoStar Communications 

Corporation and SCI Systems, Inc. 

(collectively, ‘‘Echostar’’); and 

Scientific-Atlanta, Inc. (‘‘ScientificAtlanta’’) as respondents. Gemstar 

alleged that these respondents infringed 

certain claims of its patents, including: 

U.S. Patent No. 4,706,121 (‘‘the ’121 

patent’’); U.S. Patent No. 5,479,268 (‘‘the 

‘268 patent’’); and U.S. Patent No. 

5,809,204 (‘‘the ’204 patent’’). 

The presiding administrative law 

judge (‘‘the ALJ’’) issued his final initial 

determination (‘‘final ID’’) on June 21, 

2002, in which he concluded that there 

was no violation of section 337, based 

on the following findings: (a) 

Complainants had failed to establish 

that asserted claims 18–24, 26–28, 31–

33, 36, 42–43, 48–50, 54, 57, 59–61, and 

66 of the ’121 patent; claims 1, 3, 8, and 

10 of the ’268 patent; and claims 1, 3, 

8, and 10 of the ’204 patent are infringed 

by respondents; (b) respondents had 

failed to establish that the asserted 

claims are not valid; (c) respondents had 

established that the ’121 patent is 

unenforceable for failure to name a coinventor; (d) complainants had engaged 

in patent misuse with respect to the ’121 

patent; (e) no industry existed in the 

United States, as required by subsection 

(a)(2) of section 337, that exploits each 

of the ’121, ’268, and ’204 patents in 

issue; and (f) there had been an 

importation of the set-top boxes which 

are the subject of this investigation. 

On July 5, 2002, all parties to the 

investigation, including the Commission 

investigative attorney, filed petitions for 

review of various portions of the final 

ID. 

On August 29, 2002, the Commission 

issued notice that it had determined to 

review in part, to take no position in 

part, and to not review in part the ALJ’s 

final ID. Specifically, the Commission 

determined to review the issue of the 

technical prong of the domestic industry 

as it relates to claim 42 of ’204 patent 

for the purpose of making a finding as 

to claim 42 of that patent. This finding 

had been omitted by the ALJ. The 

Commission also determined to take no 

position on the issue of patent misuse 

and not to review the remainder of the 

final ID. Finally, the Commission 

determined to affirm three ALJ rulings 

(involving ALJ Order No. 62, an ALJ 

ruling excluding evidence concerning 

the doctrine of equivalents, and an ALJ 

ruling limiting the testimony time of 

one witness) that were appealed to the 

Commission by the complainants. In 

light of these determinations, the 

Commission determined that there was 

no violation of section 337 in this 

investigation. 

Gemstar appealed the Commission’s 

final determination to the United States 

Court of Appeals for the Federal Circuit 

(‘‘the Federal Circuit’’ or ‘‘the Court’’). 

During the course of the appeal, 

Gemstar settled with Pioneer and 

EchoStar, and these respondents were 

dismissed from the appeal. On 

September 16, 2004, the Federal Circuit 

issued its decision in the appeal, in 

which the Commission’s final 

determination was affirmed in part, 

vacated in part, and reversed in part, 

and the case remanded for further 

proceedings consistent with the Court’s 

opinion. Gemstar-TV Guide 

International, Inc. v. International 

Trade Commission, 383 F.3d 1352 (Fed. 

Cir. 2004). 

On November 29, 2004, the Court 

denied Scientific-Atlanta’s petitions for 

rehearing and rehearing en banc. On 

January 11, 2005, the Court denied 

Scientific-Atlanta’s motion to stay 

issuance of the mandate and 

simultaneously issued its mandate, 

returning the case to the Commission, 

with Scientific-Atlanta as the sole 

respondent. 

On February 8, 2005, the Commission 

issued an order seeking comments from 

the parties as to how they believed the 

Commission should proceed with the 

remanded investigation. The original 

30-day deadline for receiving comments 

from the parties was extended twice, to 

June 13, 2005. On that date the private 

parties filed a joint motion to terminate 

the investigation based on a settlement 

agreement, including a patent license 

agreement. On June 23, 2005, the 

Commission investigative attorney filed 

a response supporting the joint motion. 

On August 5, 2005, the private parties 

filed a public version of the joint 

motion. 

Having examined the joint motion to 

terminate the investigation, the response 

thereto, and other relevant documents of 

record in this investigation, the 

Commission has determined to grant the 

joint motion, terminating this 

investigation in its entirety. 

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 

section 210.21 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.21). 

Issued: September 19, 2005. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05–19036 Filed 9–22–05; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Controlnet International, 

Ltd 

Notice is hereby given that, on 

September 1, 2005, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 

ControlNet International, Ltd. 

(‘‘ControlNet’’) has filed written 

notifications simultaneously with the 

Attorney General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of extending the 

Act’s provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, McNaughton-McKay 

Electric Company, Madison Heights, MI; 

IDC Corporation, Dimondale, MI; and 

Kawasaki Robotics (USA), Inc., Wixom, 

MI have withdrawn as parties to this 

venture. 

No other changes have been made in 

either the membership or planned 

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Notices 55921 

activity of the group research project. 

Membership in this group research 

project remains open, and ControlNet 

intends to file additional written 

notification disclosing all changes in 

membership. 

On February 3, 2005, ControlNet filed 

its original notification pursuant to 

Section 6(a) of the Act. The Department 

of Justice published a notice in the 

Federal Register pursuant to section 

6(b) of the Act on March 1, 2005 (70 FR 

9979). 

The last notification was filed with 

the Department on May 18, 2005. A 

notice was published in the Federal 

Register pursuant to section 6(b) of the 

Act on June 13, 2005 (70 FR 34150). 

Dorothy B. Fountain, 

Deputy Director of Operations, Antitrust 

Division. 

[FR Doc. 05–19007 Filed 9–22–05; 8:45am] 

BILLING CODE 4410–11–M 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Open Devicenet Vendor 

Association, Inc. 

Notice is hereby given that, on 

September 1, 2005, pursuant to section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), Open 

DeviceNet Vendor Association, Inc. 

(‘‘ODVA’’) has filed written notifications 

simultaneously with the Attorney 

General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of extending the 

Act’s provisions limiting recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, National Semiconductor 

Corporation, Santa Clara, CA; Siemens 

Energy & Automation, Inc., Alpharetta, 

GA; Wizardry Inc., Gardnerville, NV; 

Bihl+Wiedemann GmbH, Mannheim, 

Germany; Ametek, Inc., Paoli, PA; 

Spyder Controls Corporation, Lacombe, 

Alberta, Canada; and Keyence 

Corporation, Osaka, Japan have been 

added as parties to this venture. 

Also, Jeongil Intercom Co., Ltd., 

Kyunggi-do, Republic of Korea; 

Embedded Systems Korea, Seoul, 

Republic of Korea; Agilicom, Tours, 

France; and Micro Mo Electronics, Inc., 

Clearwater, FL have withdrawn as 

parties to this venture. The following 

member has changed its name: Max 

Stegmann GmbH to Sick Stegmann 

GmbH, Donaueschingen, Germany. 

No other changes have been made in 

either the membership or planned 

activity of the group research project. 

Membership in this group research 

project remains open, and ODVA 

intends to file additional written 

notification disclosing all changes in 

membership. 

On June 21, 1995, ODVA filed its 

original notification pursuant to Section 

6(a) of the Act. The Department of 

Justice published a notice in the Federal 

Register pursuant to section 6(b) of the 

Act on February 15, 1996 (61 FR 6039). 

The last notification was filed with 

the Department on May 18, 2005. A 

notice was published in the Federal 

Register pursuant to section 6(b) of the 

Act on June 13, 2005 (70 FR 34151). 

Dorothy B. Fountain, 

Deputy Director of Operations, Antitrust 

Division. 

[FR Doc. 05–19008 Filed 9–12–05; 8:45 am] 

BILLING CODE 4410–11–M 

DEPARTMENT OF LABOR 

Office of the Secretary 

Submission for OMB Review: 

Comment Request 

September 15, 2005. 

The Department of Labor (DOL) has 

submitted the following public 

information collection request (ICR) to 

the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13, 

44 U.S.C. chapter 35). A copy of this 

ICR, with applicable supporting 

documentation, may be obtained by 

contacting the Department of Labor 

(DOL). To obtain documentation, 

contact Darrin King on 202–693–4129 

(this is not a toll-free number) or e-mail: 

king.darrin@dol.gov. 

Comments should be sent to Office of 

Information and Regulatory Affairs, 

Attn: OMB Desk Officer for the 

Employment Standards Administration 

(ESA), Office of Management and 

Budget, Room 10235, Washington, DC 

20503, 202–395–7316 (this is not a tollfree number), within 30 days from the 

date of this publication in the Federal 

Register. 

The OMB is particularly interested in 

comments which: 

• 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 

agency’s 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. 

Agency: Employment Standards 

Administration. 

Type of Review: Extension of 

currently approved collection. 

Title: Payment of Compensation 

Without Award. 

OMB Number: 1215–0022. 

Form Number: LS–206. 

Frequency: On occasion. 

Type of Response: Reporting. 

Affected Public: Business or other forprofit. 

Number of Respondents: 700. 

Estimated Annual Responses: 24,500. 

Average Response Time: 15 minutes. 

Total Annual Burden Hours: 6,125. 

Total Annualized capital/startup 

costs: $0. 

Total Annual Costs (operating/ 

maintaining systems or purchasing 

services): $10,903. 

Description: The Office of Workers’

Compensation Programs (OWCP) 

administers the Longshore and Harbor 

Workers’ Compensation Act. The Act 

provides benefits to workers injured in 

maritime employment on the navigable 

waters of the United States or in an 

adjoining area customarily used by an 

employer in loading, unloading, 

repairing or building a vessel. Under 

Sections 914(b) and (c) of the Longshore 

Act, a self-insured employer or 

insurance carrier is required to pay 

compensation within 14 days after the 

employer has knowledge of the injury or 

death. Upon making the first payment, 

the employer or carrier shall 

immediately notify the district director 

of payment. Form LS–206 has been 

designated as the proper form on which 

report of first payment is to be made. 

The LS–206 is also used by OWCP 

district offices to determine the payment 

status of a given case. 

Ira L. Mills, 

Departmental Clearance Officer. 

[FR Doc. 05–19014 Filed 9–22–05; 8:45 am] 

BILLING CODE 4510–CF–P