60322 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 

1The record is defined in sec. 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

may end on November 13, 2008, if all 

business is completed. 

The proposed SRC meeting agenda 

includes the following: 

1. Call to order. 

2. SRC Roll Call and Confirmation of 

Quorum. 

3. SRC Chair and Superintendent’s 

Welcome and Introductions. 

4. Approval of Minutes from Last SRC 

Meeting. 

5. Review and Approve Agenda. 

6. Status of SRC Membership and 

Charter. 

7. SRC Member Reports. 

8. Park Subsistence Manager Report. 

9. Gates of the Arctic National Park 

and Preserve Staff Reports. 

a. Resource Management Report. 

b. Ranger Division Update. 

c. Wildlife Biologist Report-Status 

of Wildlife Surveys. 

d. Alaska Board of Game Update. 

e. Federal Subsistence Board 

Update. 

10. October 2007 SRC Chairs 

Workshop Report. 

11. Old Business. 

12. New Business. 

13. Public and other Agency 

Comments. 

14. SRC Work Session. 

15. Set Time and Place for next SRC 

Meeting. 

16. Adjournment. 

SUPPLEMENTARY INFORMATION: SRC 

meeting location and date may need to 

be changed based on weather or local 

circumstances. If meeting date and 

location are changed, a notice will be 

published in local newspapers and 

announced on local radio stations prior 

to the meeting date. The meeting may 

end early if all business is completed. 

Victor Knox, 

Deputy Regional Director. 

[FR Doc. E8–23775 Filed 10–9–08; 8:45 am] 

BILLING CODE 4312–HC–M 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–619] 

In the Matter of: Certain Flash Memory 

Controllers, Drives, Memory Cards, 

and Media Players and Products 

Containing Same; Notice of 

Commission Decision Not To Review 

an Initial Determination Granting-inPart Complainant’s Motion To Amend 

the Complaint and Amending the 

Notice of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) 

(Order No. 40) issued by the presiding 

administrative law judge (‘‘ALJ’’) in the 

above-referenced investigation grantingin-part complainant’s motion to amend 

the complaint and amending the notice 

of investigation. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Walters, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–5468. 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 at 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 December 12, 2007, based on a 

complaint filed by SanDisk Corporation 

(‘‘SanDisk’’). The complaint alleged 

violations of section 337 of the Tariff 

Act of 1930 (19 U.S.C. **1337) in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain flash memory controllers, drives, 

memory cards, media players, and 

products containing the same by reason 

of infringement of various claims of five 

United States patents. The complaint 

named nearly fifty respondents. 

On July 31, 2008, SanDisk moved to 

amend the complaint to (1) add 

Verbatim Americas, LLC as a 

respondent to reflect respondent 

Verbatim Corporation’s corporate 

restructuring; (2) add as respondents 

Zhubai Chipsbank Microelectronics Co., 

Ltd. (‘‘Zhubai’’) and Chipsbrand 

Technologies (HK) Co., Ltd. 

(‘‘Chipsbrand’’), both of which are 

wholly-owned subsidiaries of 

respondent Chipsbank Technologies 

(Shenzhen) Co., Ltd. (‘‘Chipsbank’’); (3) 

clarify that claims 12, 14, 17, and 58 of 

U.S. Patent No. 6,426,893 are asserted 

against respondent Afa Technologies, 

Inc.; (4) assert claim 8 of U.S. Patent No. 

7,137,011 against respondents 

Transcend Information, Inc. (Taiwan), 

Transcend Information, Inc. (California), 

and Transcend Information Maryland, 

Inc.; and (5) assert claims 24 and 30 of 

U.S. Patent No. 6,763,424 against 

respondent Chipsbank and proposed 

respondents Zhubai and Chipsbrand. 

On September 12, 2008, the ALJ 

issued Order No. 40, granting SanDisk’s 

motion with regard to items (1) and (2) 

and also so amending the notice of 

investigation, but denying the motion or 

finding it moot with regard to items (3)– 

(5). Only those portions of Order No. 40 

granting SanDisk’s motion and 

amending the notice of investigation 

constitute an initial determination 

subject to potential Commission review. 

No petitions for review of this ID were 

filed. 

The Commission has determined not 

to review the ALJ’s ID. 

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 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

Issued: October 6, 2008. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–24128 Filed 10–9–08; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1124 and 1125 

(Final)] 

Electrolytic Manganese Dioxide From 

Australia and China 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, the United 

States International Trade Commission 

(Commission) determines, pursuant to 

section 735(b) of the Tariff Act of 1930 

(19 U.S.C. 1673d(b)) (the Act), that an 

industry in the United States is 

materially injured by reason of imports 

from Australia and China of electrolytic 

manganese dioxide (‘‘EMD’’), provided 

for in subheading 2820.10.00 of the 

Harmonized Tariff Schedule of the 

United States, that have been found by 

the Department of Commerce 

(Commerce) to be sold in the United 

States at less than fair value (LTFV). 

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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60323 

Background 

The Commission instituted these 

investigations effective August 22, 2007, 

following receipt of a petition filed with 

the Commission and Commerce by 

Tronox LLC, Oklahoma City, OK. The 

final phase of the investigations was 

scheduled by the Commission following 

notification of preliminary 

determinations by Commerce that 

imports of EMD from Australia and 

China were being sold at LTFV within 

the meaning of section 733(b) of the Act 

(19 U.S.C. 1673b(b)). Notice of the 

scheduling of the final phase of the 

Commission’s investigations and of a 

public hearing to be held in connection 

therewith was given by posting copies 

of the notice in the Office of the 

Secretary, U.S. International Trade 

Commission, Washington, DC, and by 

publishing the notice in the Federal 

Register of April 30, 2008 (73 FR 

23491). The hearing was held in 

Washington, DC, on July 24, 2008, and 

all persons who requested the 

opportunity were permitted to appear in 

person or by counsel. 

The Commission transmitted its 

determinations in these investigations to 

the Secretary of Commerce on 

September 25, 2008. The views of the 

Commission are contained in USITC 

Publication 4036 (September 2008), 

entitled Electrolytic Manganese Dioxide 

from Australia and China: Investigation 

Nos. 731–TA–1124 and 1125 (Final). 

Issued: October 7, 2008. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E8–24127 Filed 10–9–08; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–564; Enforcement 

Proceeding] 

In the Matter of Certain Voltage 

Regulators, Components Thereof and 

Products Containing Same; Notice of 

Institution of Formal Enforcement 

Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has instituted a formal 

enforcement proceeding relating to the 

limited exclusion order issued at the 

conclusion of the above-captioned 

investigation. 

FOR FURTHER INFORMATION CONTACT: Paul 

M. Bartkowski, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–5432. Copies of all nonconfidential 

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 

the matter can be obtained by contacting 

the Commission’s TDD terminal on 202– 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on March 22, 2006 based on a complaint 

filed by Linear Technology Corporation 

(‘‘Linear’’) of Milpitas, California. 71 FR 

14545 (March 22, 2006). The complaint, 

as supplemented, alleged violations of 

section 337 of the Tariff Act of 1930 

(‘‘section 337’’) in the importation into 

the United States, the sale for 

importation, and the sale within the 

United States after importation of 

certain voltage regulators, components 

thereof and products containing the 

same by reason of infringement of 

claims 1–14 and 23–25 of U.S. Patent 

No. 6,411,531 (‘‘the ‘531 patent’’) and 

claims 1–19, 31, 34, and 35 of U.S. 

Patent No. 6,580,258 (‘‘the ‘258 patent’’). 

The complaint further alleged that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. The complaint named Advanced 

Analogic Technologies, Inc. (‘‘AATI’’) of 

Sunnyvale, California as the sole 

respondent. Several claims were 

terminated during the investigation, and 

only claims 4, 9, and 26 of the ‘531 

patent and claims 2, 3, 34, and 35 of the 

‘258 patent were adjudicated. 

On May 22, 2007, the presiding 

administrative law judge (‘‘ALJ’’) issued 

a final initial determination (‘‘ID’’), 

finding no violation of section 337. 

Specifically, the ALJ found that none of 

AATI’s accused products directly 

infringed the asserted claims of the ‘258 

patent, but that one accused product 

directly infringed claims 4 and 26 of the 

‘531 patent. The ALJ found no indirect 

infringement of the asserted claims of 

either patent. As to validity, the ALJ 

determined that claim 35 of the ‘258 

patent and claims 4, 9, and 26 of the 

‘531 patent were invalid due to 

anticipation, rejecting other arguments 

of invalidity, unenforceability, and 

estoppel. The ALJ also determined that 

a domestic industry existed with regard 

to the ‘258 patent, but not with regard 

to the ‘531 patent, because of a failure 

to meet the technical prong of the 

domestic industry requirement. 

On July 24, 2007, the Commission 

determined to review certain issues 

regarding the ‘258 patent, but 

determined not to review the ALJ’s ID 

regarding the ‘531 patent (except for one 

issue on which it took no position), 

resulting in a final determination of no 

violation with respect to the ‘531 patent. 

On September 24, 2007, after review, 

the Commission issued its final 

determination in the investigation with 

respect to the ‘258 patent, reversing the 

ALJ on certain issues and finding a 

violation of section 337. Specifically, 

the Commission found claims 2, 3, and 

34 of the ‘258 patent valid and infringed 

by one representative product of AATI. 

The Commission issued a limited 

exclusion order directed to AATI with 

regard to voltage regulators covered by 

claims 2, 3, and 34 of the ‘258 patent. 

The Commission also determined that 

the public interest factors enumerated in 

19 U.S.C. 1337(d) did not preclude 

issuance of the limited exclusion order, 

and that the bond during the 

Presidential review period would be 100 

percent of the entered value of each 

voltage regulator that is subject to the 

order. 

Linear filed a complaint on February 

20, 2008, an amended complaint on 

June 18, 2008, and a second amended 

complaint on August 29, 2008, 

requesting that the Commission institute 

a formal enforcement proceeding against 

AATI under Commission rule 210.75 for 

violation of the limited exclusion order. 

Having examined the amended 

enforcement complaint, and having 

found it complies with the requirements 

for institution of a formal enforcement 

proceeding contained in Commission 

rule 210.75, the Commission has 

determined to institute a formal 

enforcement proceeding to determine 

whether AATI is in violation of the 

Commission’s limited exclusion order 

issued in the investigation, and what, if 

any, enforcement measures are 

appropriate. 

The following entities are named as 

parties to the formal enforcement 

proceeding: (1) Complainant Linear, (2) 

respondent AATI, and (3) a Commission 

investigative attorney to be designated 

by the Director, Office of Unfair Import 

Investigations. 

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