Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices 9359 

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 investigation 

on June 2, 2003, based on a complaint 

filed by Energizer Holdings, Inc. and 

Eveready Battery Company, Inc. 

(collectively, ‘‘EBC’’), both of St. Louis, 

Missouri. 68 FR 32771 (June 2, 2003). 

The complaint, as supplemented, 

alleged violations of section 337 of the 

Tariff Act of 1930 in the importation 

into the United States, the sale for 

importation, and the sale within the 

United States after importation of 

certain zero-mercury-added alkaline 

batteries, parts thereof, and products 

containing same by reason of 

infringement of claims 1–12 of U.S. 

Patent No. 5,464,709 (‘‘the ’709 patent’’). 

The complaint and notice of 

investigation named 26 respondents and 

were later amended to include an 

additional firm as a respondent. The 

investigation has been terminated as to 

claims 8–12 of the ’709 patent. Several 

respondents have been terminated from 

the investigation for various reasons. 

On October 1, 2004, the Commission 

issued notice in the original 

investigation that it had determined to 

terminate the investigation with a 

finding of no violation of section 337 on 

the basis that the asserted claims of the 

’709 patent were invalid for 

indefiniteness. EBC appealed the 

Commission’s final determination to the 

U.S. Court of Appeals for the Federal 

Circuit (‘‘Federal Circuit’’). On January 

25, 2006, the Federal Circuit issued its 

decision in the appeal, reversing the 

Commission’s final determination and 

remanding the investigation to the 

Commission. Energizer Holdings, Inc. v. 

International Trade Commission, 435 

F.3d 1366 (Fed. Cir. 2006). The Federal 

Circuit issued its mandate on March 20, 

2006. On April 14, 2006, the 

Commission issued an order directing 

all parties to the investigation to provide 

comments on how this investigation 

should proceed, including comments on 

whether and to what extent the 

investigation should be remanded to the 

ALJ. 

Having considered the record in this 

investigation, including the comments 

received pursuant to the Commission’s 

order of April 14, 2006, the Commission 

has determined to terminate this 

investigation with a finding of no 

violation of section 337. Specifically, 

the Commission has determined that the 

asserted claims are invalid for failure to 

meet the written description 

requirement and that, if valid, they are 

not infringed by respondents’ products. 

Vice Chairman Aranoff and 

Commissioner Lane dissented from the 

Commission’s final determination. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and sections 210.41–.51 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.41–.51). 

Issued: February 23, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–3583 Filed 2–28–07; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Stipulation and 

Order Pursuant to Safe Drinking Water 

Act and Resource Recovery and 

Conservation Act 

Notice is hereby given that on 

February 12, 2007, a proposed 

settlement in United States v. Martin 

Ain, Civil No. 04–2912, has been lodged 

with the United States District Court for 

the Eastern District of New York. 

In this action, the United States sued 

Ain for violations of the Safe Drinking 

Water Act (‘‘SDWA’’), 42 U.S.C. 300h, et 

seq., and the Solid Waste Disposal Act, 

as amended by the Resource 

Conservation and Recovery Act and the 

Hazardous and Solid Waste 

Amendments of 1984 (‘‘RCRA’’), 42 

U.S.C. 6901 et seq., in connection with 

the injection of fluids into wells on a 

property located at 257/259 Main Street, 

Town of Hempstead, New York, the 

failure to determine if contaminated 

soils and sludges were hazardous wastes 

and the failure to respond adequately to 

U.S. Environmental Protection Agency 

information requests. Ain has come into 

compliance with SDWA and RCRA. The 

settlement requires Ain to pay a civil 

penalty of $80,000. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the settlement. Comments 

should be addressed to the Assistant 

Attorney General, Environmental and 

Natural Resources Division, P.O. Box 

7611, U.S. Department of Justice, 

Washington, DC 20044–7611, and 

should refer to U.S. v. Martin Ain, D.J. 

Ref. 90–5–1–1–07662. 

The settlement may be examined at 

the Office of the United States Attorney, 

Eastern District of New York, 610 

Federal Plaza, Central Islip, New York 

11722, and at the Region II Office of the 

U.S. Environmental Protection Agency, 

Region II Records Center, 290 

Broadway, 17th Floor, New York, NY 

10007–1866. During the public 

comment period, the settlement may 

also be examined on the following 

Department of Justice Web site: http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

settlement may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $2.00 (25 cents per 

page production cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Ronald Gluck, 

Assistant Chief, Environmental Enforcement 

Section, Environmental and Natural 

Resources Division. 

[FR Doc. 07–908 Filed 2–28–07; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

Notice is hereby given that on 

February 20, 2007, a Consent Decree in 

United States of America v. FMC 

Corporation, Civil Action No. 05–5663, 

was lodged with the United States 

District Court for the Eastern District of 

Pennsylvania. 

The proposed consent decree with 

FMC Corporation (‘‘FMC’’) resolves the 

claims of the United States on behalf of 

EPA against FMC for past response costs 

under Section 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), in 

connection with the East Tenth Street 

Superfund Site (‘‘Site’’) in Marcus Hook, 

Delaware County, Pennsylvania. 


rmajette on PROD1PC67 with NOTICES