19320 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices

SUMMARY: Notice is hereby given that

the Commission has determined not to

review the initial determination (ID)

issued by the presiding administrative

law judge (ALJ) on March 21, 1996,

terminating the above-captioned

investigation on the basis of a finding of

no violation of section 337 of the Tariff

Act of 1930.

FOR FURTHER INFORMATION CONTACT:

Mark D. Kelly, Esq., Office of the

General Counsel, U.S. International

Trade Commission, telephone 202–205–

3106.

SUPPLEMENTARY INFORMATION: On

January 30, 1995, the Commission

ordered that an investigation be

instituted to determine whether there

are violations of section 337 of the Tariff

Act of 1930, as amended, in the

importation, sale for importation, or sale

within the United States after

importation of certain memory devices

with increased capacitance and

products containing same by reason of

infringement of certain claims of U.S.

Letters Patent 5,166,904 (the ’904

patent), owned by complainants

Emanuel Hazani and Patent

Enforcement Fund, Inc., and whether

there exists an industry in the United

States as required by subsection (a)(2) of

section 337.

The Commission instituted an

investigation of the complaint and

published a notice of investigation in

the Federal Register on February 6,

1995. 60 FR 7068. The following

thirteen firms were named as

respondents: Mitsubishi Electric

Corporation, Tokyo, Japan; Mitsubishi

Electronics America, Inc., Cypress, CA;

NEC Corporation, Tokyo, Japan; NEC

Electronics, Inc., Mountain View, CA;

OKI Electronic Industry Co., Ltd.,

Tokyo, Japan; OKI America, Inc.,

Hackensack, NJ; Hitachi, Ltd., Tokyo,

Japan; Hitachi America, Ltd.,

Tarrytown, NY; Samsung Electronics

Co., Ltd., Seoul, Korea; Samsung

Electronics America, Inc., Ridgefield

Park, NJ; Samsung Semiconductors,

Inc., San Jose, CA; Hyundai Electronics

Industries Co., Ltd, Seoul, Korea; and

Hyundai Electronics America, Inc., San

Jose, CA. The complaint alleged that the

respondents manufactured and

imported 16- and 64-Mbit dynamic

random-access memories (DRAMs) that

infringe certain claims of the ’904

patent.

On October 13, 1995, the ALJ issued

an ID (Order No. 63) granting a motion

filed by the NEC respondents for

summary determination of the

invalidity of claims 1–2, 4–13, 15–17, 22

and 25 based on anticipation by U.S.

Letters Patent 4,758,986 to Kuo (the

‘‘Kuo patent’’). On October 20, 1995, the

ALJ issued an ID (Order No. 64) granting

a motion filed by the Samsung

respondents for summary determination

of the invalidity of claims 18–20 and

26–28 also based on anticipation by the

Kuo patent and terminating the

investigation as to claim 21. On October

30, 1995, the ALJ issued an ID (Order

No. 65) granting a motion filed by the

Mitsubishi respondents for summary

determination of non-infringement as to

claim 14.

On December 14, 1995, the

Commission determined not to review

Orders Nos. 63 and 65, but determined

to review in part and remand the ID

(Order No. 64) issued by the ALJ on

October 20, 1995.

On March 21, 1996, after further

briefing from the parties, the ALJ issued

an ID (Order No. 71) granting a motion

filed by the Samsung respondents for

summary determination of invalidity of

claims 18–20 and 26–28 based on

anticipation by the Kuo patent.

Complainants filed a petition for review

of the ID on March 28, 1996. The

Samsung respondents and the

Commission investigative attorney filed

oppositions to the petition for review on

April 12, 1996.

This action is taken under the

authority of section 337 of the Tariff Act

of 1930, 19 U.S.C. § 1337, and

Commission rule 210.42, 19 C.F.R.

§ 210.42. Copies of the public versions

of the ALJ’s ID and all other public

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 S.W., Washington, D.C. 20436,

telephone 202–205–2000. Hearingimpaired persons are advised that

information on the matter can be

obtained by contacting the

Commission’s TDD terminal on 202–

205–1810.

Issued: April 22, 1996.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 96–10818 Filed 4–30–96; 8:45 am]

BILLING CODE 7020–02–P

[Investigation No. 337–TA–387]

In the Matter of: Certain Self-Powered

Fiber Optic Modems; Notice of

Investigation

AGENCY: U.S. International Trade

Commission.

ACTION: Institution of investigation

pursuant to 19 U.S.C. § 1337.

SUMMARY: Notice is hereby given that a

complaint was filed with the U.S.

International Trade Commission on

March 26, 1996, under section 337 of

the Tariff Act of 1930, as amended, 19

U.S.C. § 1337, on behalf of Patton

Electronics Co., 7622 Rickenbacker

Drive, Gaithersburg, MD 20879–4773.

An amendment to the complaint was

filed on April 17, 1996. The complaint,

as amended, alleges violations of section

337 in the importation into the United

States, the sale for importation, and the

sale within the United States after

importation of certain self-powered fiber

optic modems that infringe claims 1, 2,

3, 7 and 8 of U.S. Letters Patent

4,161,650. The complaint further alleges

that there exists an industry in the

United States as required by subsection

(a)(2) of section 337. The complainant

requests that the Commission institute

an investigation and, after a full

investigation, issue a permanent

exclusion order and permanent cease

and desist orders.

ADDRESSES: The complaint, except for

any confidential information contained

therein, is 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, S.W., Room

112, Washington, DC 20436, telephone

202–205–1802. Hearing-impaired

individuals are advised that information

on this matter can be obtained by

contacting the Commission’s TDD

terminal on 202–205–1810.

FOR FURTHER INFORMATION CONTACT: John

M. Whealan, Esq., Office of Unfair

Import Investigations, U.S. International

Trade Commission, telephone 202–205–

2574.

Authority: The authority for institution of

this investigation is contained in section 337

of the Tariff Act of 1930, as amended, and

in section 210.10 of the Commission’s Final

Rules of Practice and Procedure, 19 C.F.R.

§ 210.10.

SCOPE OF INVESTIGATION: Having

considered the complaint, the U.S.

International Trade Commission, on

April 25, 1996, ORDERED THAT—

(1) Pursuant to subsection (b) of

section 337 of the Tariff Act of 1930, as

amended, an investigation be instituted

to determine whether there is a

violation of subsection (a)(1)(B) of

section 337 in the importation into the

United States, the sale for importation,

or the sale within the United States after

importation of certain self-powered fiber

optic modems by reason of infringement

of claims 1, 2, 3, 7 or 8 of U.S. Letters
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Notices 19321

Patent 4,161,650 and whether there

exists an industry in the United States

as required by subsection (a)(2) of

section 337.

(2) For the purpose of the

investigation so instituted, the following

are hereby named as parties upon which

this notice of investigation shall be

served:

(a) The complainant is—Patton

Electronics Co., 7622 Rickenbacker

Drive, Gaithersburg, MD 20879–4773.

(b) The respondents are the following

companies alleged to be in violation of

section 337, and are the parties upon

which the complaint shall also be

served:

RAD Data Communications, Ltd., 12

Hanechoshet Street, Tel Aviv, 69710,

Israel

RAD Data Communications, Inc., 900

Corporate Drive, Mahwah, New Jersey

07430

(c) John M. Whealan, Esq., Office of

Unfair Import Investigations, U.S.

International Trade Commission, 500 E

Street, S.W., Room 401P, Washington,

DC 20436, shall be the Commission

investigative attorney, party to this

investigation; and

(3) For the investigation so instituted,

the Honorable Paul J. Luckern is

designated as the presiding

Administrative Law Judge.

Responses to the complaint and the

notice of investigation must be

submitted by the named respondents in

accordance with section 210.13 of the

Commission’s Final Rules of Practice

and Procedure, 19 C.F.R. §§ 210.13.

Pursuant to 19 C.F.R. sections 201.16(d)

and 210.13(a) of the Commission’s Final

Rules of Practice and Procedure, such

responses will be considered by the

Commission if received not later than 20

days after the date of service by the

Commission of the complaint and the

notice of investigation. Extensions of

time for submitting responses to the

complaint will not be granted unless

good cause therefor is shown.

Failure of a respondent to file a timely

response to each allegation in the

complaint and in this notice may be

deemed to constitute a waiver of the

right to appear and contest the

allegations of the complaint and this

notice, and to authorize the

administrative law judge and the

Commission, without further notice to

the respondent, to find the facts to be as

alleged in the complaint and this notice

and to enter both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both directed against such

respondent.

Issued: April 26, 1996.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 96–10819 Filed 4–30–96; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. 94–65]

East Towne Save Rite Pharmacy;

Suspension of Registration

On May 26, 1994, the Deputy

Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration (DEA), issued an Order

to Show Cause to East Towne Save Rite

Pharmacy, (Respondent) of Bremerton,

Washington, notifying it of an

opportunity to show cause as to why

DEA should not revoke its DEA

Certificate of Registration, BE1740770,

as a retail pharmacy, and deny any

pending application for modification of

registration or change of address. The

general reason stated for the proposed

action was that the Respondent’s owner

had been convicted of a felony related

to controlled substances warranting

consideration under 21 U.S.C. 824(a)(2),

and that the Respondent’s continued

registration would be inconsistent with

the public interest as that term is used

in 21 U.S.C. 824(a)(4) and 823(f).

On May 31, 1994, the Respondent,

through counsel, filed a timely request

for a hearing, and following prehearing

procedures, a hearing was held in

Seattle, Washington, on July 26 through

July 27, 1995, before Administrative

Law Judge Paul A. Tenney. At the

hearing, both parties called witnesses to

testify and introduced documentary

evidence, and after the hearing, counsel

for both sides submitted proposed

findings of fact, conclusions of law and

argument. On October 20, 1995, Judge

Tenney issued his Findings of Fact,

Conclusions of Law, and Recommended

Ruling, recommending that the

Respondent’s DEA Certificate of

Registration be suspended for a period

of six months. After the six-month

suspension, should be Respondent

apply for a modification of its DEA

registration to change the address of the

pharmacy, then Judge Tenney

recommended that the modification be

granted. On November 7, 1995, the

Respondent filed exceptions to Judge

Tenney’s opinion, and on November 9,

1995, the Government filed a response

to the Respondent’s exceptions. On

November 28, 1995, Judge Tenney

transmitted the record of these

proceedings and the parties’ exceptions

to the Deputy Administrator.

The Deputy Administrator has

considered the record in its entirety,

and pursuant to 21 CFR 1316.67, hereby

issues his final order based upon

findings of fact and conclusions of law

as hereinafter set forth. The Deputy

Administrator adopts, in full, the

Findings of Fact, Conclusions of Law,

and Recommend Ruling of the

Administrative Law Judge, and his

adoption is in no manner diminished by

any recitation of facts, issues and

conclusions herein, or of any failure to

mention a matter of fact or law.

The Deputy Administrator finds that

on September 12, 1991, the Respondent

was issued DEA Certificate of

Registration BE1740770, as a retail

pharmacy located on Wheaton Way in

Bremerton, Washington. On March 2,

1991, Mr. Patrick Swanson, (Owner)

owner and pharmacist for the

Respondent pharmacy, was arrested for

possession of a controlled substance,

methylphenidate. The prescription

bottle containing the substance was

discovered during an investigatory stop

of the Owner’s vehicle. The Owner was

convicted of possession of a controlled

substance on June 24, 1992, and was

sentenced to two days of confinement

and to the performance of 204 hours of

community service. He was also placed

on a program of community supervision

for a period of one year.

In September of 1991, upon

notification of the Owner’s arrest,

investigators from the Washington State

Board of Pharmacy (Pharmacy Board)

conducted an audit at the Respondent

pharmacy for Schedule II controlled

substances, specifically dexedrine and

methylphenidate. They discovered that

there was a 37.2% combined shortage

for those two controlled substances, as

well as missing DEA 222 order forms for

Schedule I and II controlled substances.

The Owner had stated to the

investigators that his pharmacy had

been burglarized and that he had

reported the burglary to the local police.

However, the Owner admitted at his

hearing before the Pharmacy Board and

before Judge Tenney that a portion of

the discovered shortage was due to his

own diversion of the controlled

substances.

On December 9, 1991, the Pharmacy

Board issued a Statement of Charges

against the Owner. These charges were

primarily based upon the Owner’s

unlawful possession of a controlled

substance and the shortage of dexetrine

and methylphenidate at the Respondent

pharmacy. On March 24, 1992, the

Pharmacy Board imposed an Order of