5804 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 

maximum of five minutes. If reasonable 

accommodation is required, please 

contact the BLM’s Prineville District at 

(541) 416–6889 as soon as possible. 

FOR FURTHER INFORMATION CONTACT: 

Christina Lilienthal, Public Affairs 

Specialist, 3050 NE Third, Prineville, 

OR 97754, (541) 416–6889 or e-mail: 

christina_lilienthal@blm.gov. 

Dated: January 29, 2010. 

Deborah J. Henderson-Norton, 

District Manager, Prineville District Office. 

[FR Doc. 2010–2426 Filed 2–3–10; 8:45 am] 

BILLING CODE 4310–33–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–665] 

In the Matter of: Certain 

Semiconductor Integrated Circuits and 

Products Containing Same; Notice of 

Commission Determination To Review 

in Part a Final Initial Determination 

Finding No Violation of Section 337 

and on Review To Take No Position on 

One Issue; Termination of the 

Investigation With a Finding of No 

Violation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to review 

in part the final initial determination 

(‘‘ID’’) issued by the presiding 

administrative law judge (‘‘ALJ’’) on 

October 14, 2009, finding no violation of 

section 337 of the Tariff Act of 1930, 19 

U.S.C. 1337, in this investigation. On 

review, the Commission has determined 

to take no position on one issue, and to 

terminate this investigation with a 

finding of no violation. 

FOR FURTHER INFORMATION CONTACT: 

Sidney A. Rosenzweig, Esq., Office of 

the General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

708–2532. 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 Inv. No. 337– 

TA–665 on December 24, 2008, based 

on a complaint filed by Qimonda AG of 

Munich, Germany (‘‘Qimonda’’). 73 FR 

79165 (Dec. 24, 2008). The complaint 

alleged a violation of section 337 in the 

importation, sale for importation, and 

sale within the United States after 

importation of certain semiconductor 

integrated circuits and products 

containing same by reason of 

infringement of various claims of U.S. 

Patent Nos. 5,213,670 (‘‘the ’670 

patent’’); 5,646,434 (‘‘the ’434 patent’’); 

5,851,899 (‘‘the ’899 patent’’); 6,495,918 

(‘‘the ’918 patent’’); 6,593,240 (‘‘the ’240 

patent’’); 6,714,055 (‘‘the ’055 patent’’); 

and 6,103,456 (‘‘the ’456 patent’’). The 

complaint further alleged that there 

exists a domestic industry with respect 

to each of the asserted patents. The 

complaint named the following 

respondents: LSI Corporation of 

Milpitas, California (‘‘LSI’’); Seagate 

Technology of the Cayman Islands; 

Seagate Technology (US) Holdings Inc. 

of Scotts Valley, California; Seagate 

Memory Products (US) Corporation of 

Scotts Valley, California; and Seagate 

(US) LLC of Scotts Valley, California 

(collectively ‘‘Seagate’’). Qimonda 

accuses of infringement certain LSI 

integrated circuits, as well as certain 

Seagate hard disk drives that contain the 

accused LSI integrated circuits. 

The ALJ conducted an evidentiary 

hearing from June 1–9, 2009. Prior to the 

hearing, Qimonda tacitly withdrew 

three of the asserted patents: The ’055 

patent, the ’240 patent, and the ’456 

patent. Qimonda did not present 

evidence regarding those patents at the 

hearing, and did not include any 

analysis of those patents in its posthearing briefing. 

On October 14, 2009, the ALJ issued 

his final ID. The ID formally withdrew 

the ’055 patent, the ’240 patent, and the 

’456 patent from the investigation. The 

ALJ found that based on his claim 

constructions, Qimonda had not 

demonstrated that it practices any of the 

patents in suit. Accordingly, the ALJ 

ruled that an industry does not exist in 

the United States that exploits any of 

the four remaining asserted patents, as 

required by 19 U.S.C. 1337(a)(2). The 

ALJ ruled that certain LSI products 

infringe certain claims of the ’918 

patent, but that no accused products 

infringe any of the other asserted 

patents. The ALJ ruled that all of the 

asserted claims of the ’918 patent, and 

some of the asserted claims of the ’434 

patent, are invalid under 35 U.S.C. 102, 

but that the asserted claims of the ’670 

and ’899 patents are not invalid. 

On October 27, 2009, Qimonda filed 

a petition for review of the ID. Qimonda 

did not petition for review of the ALJ’s 

finding of no violation of section 337 as 

to the ’670 patent. Thus, only three 

patents—the ’434, ’899, and ’918 

patents—remain in suit. On November 

5, 2009, the Respondents and IA filed 

responses to Qimonda’s petition. 

Having examined the record of this 

investigation, including the ALJ’s final 

ID, the petition for review, and the 

responses thereto, the Commission has 

determined to review the final ID in 

part. Specifically, the Commission has 

determined to review and to take no 

position on whether U.S. Patent No. 

6,424,051 to Shinogi anticipates, under 

35 U.S.C. 102, any of the asserted claims 

of the ’918 patent. See Beloit Corp. v. 

Valmet Oy, 742 F.2d 1421, 1422–23 

(Fed. Cir. 1984). 

The Commission has determined not 

to review the remainder of the ID. 

Accordingly, the Commission has 

terminated this investigation with a 

finding of no violation. 

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 

sections 210.42–46 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42–46). 

By order of the Commission. 

Issued: January 29, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–2319 Filed 2–3–10; 8:45 am] 

BILLING CODE 7020–08–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 332–509; Inv. No. 332–510] 

Small and Medium-Sized Enterprises: 

U.S. and EU Export Activities, and 

Barriers and Opportunities 

Experienced by U.S. Firms and Small 

and Medium-Sized Enterprises: 

Characteristics and Performance 

AGENCY: United States International 

Trade Commission. 

ACTION: Notice of time and place of 

additional public hearings in St. Louis, 

MO, and Portland, OR, and reaffirming 

of time and place of Washington, DC 

hearing. 


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Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 5805 

SUMMARY: The Commission will hold a 

public hearing on these investigations in 

St. Louis, MO, beginning at 9:30 a.m. on 

March 10, 2010 at the Hilton St. Louis 

at the Ballpark, and in Portland, OR, 

beginning at 9:30 a.m. on March 12, 

2010 at the Holiday Inn Portland 

Airport. As previously announced, the 

Commission will also hold a public 

hearing on these investigations in 

Courtroom A at the U.S. International 

Trade Commission Building, 500 E 

Street, SW., Washington, DC, beginning 

at 9:30 a.m. on Tuesday, February 9, 

2010 (and continuing on February 10, 

2010, if needed). 

ADDRESSES: All written correspondence 

should be addressed to the Secretary, 

United States International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436. The public 

record for these investigations may be 

viewed on the Commission’s electronic 

docket (EDIS) at http://www.usitc.gov/ 

secretary/edis.htm. 

FOR FURTHER INFORMATION CONTACT: 

Project Leaders Justino De La Cruz (202– 

205–3252 or justino.delacruz@usitc.gov) 

or Laura Bloodgood (202–708–4726 or 

laura.bloodgood@usitc.gov) for 

information specific to these 

investigations. For information on the 

legal aspects of these investigations, 

contact William Gearhart of the 

Commission’s Office of the General 

Counsel (202–205–3091 or 

william.gearhart@usitc.gov). The media 

should contact Margaret O’Laughlin, 

Office of External Relations (202–205– 

1819 or margaret.olaughlin@usitc.gov). 

Hearing-impaired individuals may 

obtain information on this matter by 

contacting the Commission’s TDD 

terminal at 202–205–1810. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server (http://www.usitc.gov). 

Persons with mobility impairments who 

will need special assistance in gaining 

access to the Commission should 

contact the Office of the Secretary at 

202–205–2000. 

Background Information: The 

hearings relate to the second and third 

of a series of three investigations that 

the Commission is conducting under 

section 332(g) of the Tariff Act of 1930 

(19 U.S.C. 1332(g)) at the request of the 

United States Trade Representative 

(USTR). The Commission received the 

request for the investigations on October 

6, 2009. The Commission delivered its 

report to the USTR on the first 

investigation, No. 332–508, Small and 

Medium-Sized Enterprises: Overview of 

Participation in U.S. Exports, on 

January 12, 2010, and it is available to 

the public at www.usitc.gov. The 

Commission is scheduled to deliver its 

reports to the USTR on the second and 

third investigations, investigation No. 

332–509, Small and Medium-Sized 

Enterprises: U.S. and EU Export 

Activities, and Barriers and 

Opportunities Experienced by U.S. 

Firms, and investigation No. 332–510, 

Small and Medium-Sized Enterprises: 

Characteristics and Performance, by 

July 6, 2010, and October 6, 2010, 

respectively. Notices announcing 

institution of the three investigations 

were published in the Federal Registers 

of October 28, 2009 (74 FR 55581); 

December 1, 2009 (74 FR 62812); and 

December 11, 2009 (74 F.R. 65787). The 

second and third notices also 

announced the Washington, DC hearing 

and the intent to hold additional 

hearings in St. Louis, MO and Portland, 

OR. 

Public Hearings: The times and places 

of the three hearings and deadlines for 

filing requests to appear and any pre- or 

post-hearing briefs or statements or 

summaries of testimony are as follows: 

Washington, DC: 

The hearing will be held in 

Courtroom A at the U.S. International 

Trade Commission Building, 500 E 

Street, SW., Washington, DC, beginning 

at 9:30 a.m. on Tuesday, February 9, 

2010 (and continuing on February 10, 

2010, if needed). 

January 26, 2010: Deadline for filing 

requests to appear. 

January 28, 2010: Deadline for filing 

pre-hearing briefs, statements, or 

summaries of testimony. 

February 9, 2010: Public hearing 

(Washington, DC). 

February 10, 2010: Public hearing, 

second day if needed. 

February 23, 2010: Deadline for filing 

post-hearing briefs or statements. 

St. Louis, MO: 

The hearing will be held at the Hilton 

St. Louis at the Ballpark, One South 

Broadway, St. Louis, MO 63102, 

beginning at 9:30 a.m. local time on 

Wednesday, March 10, 2010. 

February 24, 2010: Deadline for filing 

requests to appear. 

February 26, 2010: Deadline for filing 

pre-hearing briefs, statements, or 

summaries of testimony. 

March 10, 2010: Public hearing (St. 

Louis, MO). 

March 26, 2010: Deadline for filing posthearing briefs or statements. 

Portland, OR: 

The hearing will be held at the 

Holiday Inn Portland Airport, 8439 NE 

Columbia Boulevard, Portland, OR 

97220, beginning at 9:30 a.m. local time 

on Friday, March 12, 2010. 

February 26, 2010: Deadline for filing 

requests to appear. 

March 2, 2010: Deadline for filing prehearing briefs, statements, or 

summaries of testimony. 

March 12, 2010: Public hearing 

(Portland, OR). 

March 26, 2010: Deadline for filing posthearing briefs or statements. 

The above hearings will be open to 

the public. Accordingly, persons 

testifying should not include 

confidential business information in 

their testimony. Any person desiring to 

submit confidential business 

information to the Commission in these 

investigations should do so in writing in 

accordance with the procedures set out 

in the ‘‘Written Submissions’’ section 

below. 

To assist the Commission in the 

preparation of the two reports, the 

Commission is particularly interested in 

obtaining information and views on the 

following: 

• The most significant constraints 

that U.S. SMEs face in their efforts to 

export. 

• The strategies that SMEs have 

adopted to address or overcome those 

constraints. 

• The benefits to SMEs of increased 

export opportunities from free trade 

agreements or other trading 

arrangements. 

• The U.S. free trade agreements or 

other trading arrangements that have 

been most beneficial to SMEs that 

export. 

• The characteristics of SMEs that 

export services. 

• How exporting affects SME 

business performance. 

• The extent to which U.S. SMEs 

have global operations. 

• How SMEs based in the United 

States differ in their exporting activities 

from SMEs based in the European 

Union and other leading economies. 

In the event that as of the close of 

business on the deadline for filing 

requests to appear no witnesses have 

filed requests to appear at a hearing, that 

hearing will be canceled. Any person 

interested in attending a hearing as an 

observer or non-participant may call the 

Office of the Secretary (202–205–2000) 

after the deadline for filing requests to 

appear for information concerning 

whether that hearing will be held. 

Notice of Appearance: Written 

requests to appear at the Commission 

hearings must be filed with the 

Secretary to the Commission in 

Washington, DC by 5:15 p.m. Eastern 

Time of the filing deadline for the 

hearing at which the person wishes to 

appear. The request, which may be in 


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5806 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Notices 

the form of a letter and which should be 

on company or other appropriate 

stationery, should identify the hearing 

at which the person wishes to appear, 

the investigation to which their 

testimony pertains (it could be both 

investigations), their name, title, and 

company or other organizational 

affiliation (if any), address, telephone 

number, e-mail address, and industry or 

main line of business of the company if 

any they are representing. Requests to 

appear must be made by post mail or 

delivered in person (see ‘‘ADDRESSES’’). 

The Commission will also accept 

requests to appear filed by e-mail to 

SMEhearings@usitc.gov, or through 

Laura Bloodgood at 

laura.bloodgood@usitc.gov. The 

Commission does not accept requests 

filed by fax. 

Pre- and Post-Hearing Briefs And 

Statements, Summaries: Participants are 

encouraged to provide a pre-hearing 

brief or statement or, in lieu thereof, 

may provide a one-page summary of the 

testimony they plan to present. Such 

summaries will be placed in the public 

record and therefore should not include 

any confidential business information. 

Any confidential business information 

included in a pre-hearing brief or 

statement should be submitted in 

accordance with the procedures set 

forth below under ‘‘Written 

Submissions.’’ Post-hearing briefs and 

statements would generally be for the 

purpose of responding to matters raised 

at the hearing, including questions 

asked by the Commissioners or 

testimony presented by other interested 

parties. 

Written Submissions: In lieu of or in 

addition to participating in the hearing, 

interested parties are invited to file 

written submissions concerning these 

investigations. All written submissions 

should be addressed to the Secretary to 

the Commission, and all such 

submissions (other than pre- and posthearing statements) should be received 

not later than 5:15 p.m. Eastern Time, 

March 26, 2010. One signed original (or 

a copy so designated) and fourteen (14) 

copies of each document must be filed. 

In the event that confidential treatment 

of a document is requested, at least four 

(4) additional copies must be filed, in 

which the confidential information 

must be deleted (see below for further 

information regarding confidential 

business information). Written 

submissions may be filed by post mail 

or delivered in person (see ADDRESSES), 

or filed using the Commission’s 

electronic filing procedure described 

below. 

To use the Commission’s electronic 

filing procedure, filers must first be 

registered users of the Commission’s 

Electronic Document Information 

System (EDIS), accessible from the 

USITC Web site (http://www.usitc.gov/ 

secretary/edis.htm). The Commission’s 

rules for electronic filing are available in 

its Handbook on Electronic Filing 

Procedures (http://www.usitc.gov/ 

secretary/fed_reg_notices/rules/ 

handbook_on_electronic_filing.pdf). All 

written submissions must conform with 

the provisions of section 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8). Persons with 

questions regarding electronic filing and 

EDIS should contact the Office of the 

Secretary (202–205–2000). 

Any submissions that contain 

confidential business information must 

also conform with the requirements of 

section 201.6 of the Commission’s Rules 

of Practice and Procedure (19 CFR 

201.6). Section 201.6 of the rules 

requires that the cover of the document 

and the individual pages be clearly 

marked as to whether they are the 

‘‘confidential’’ or ‘‘non-confidential’’ 

version, and that the confidential 

business information be clearly 

identified by means of brackets. All 

written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. 

In his request letter, the USTR stated 

that his office intends to make the 

Commission’s reports available to the 

public in their entirety, and asked that 

the Commission not include any 

confidential business information or 

national security classified information 

in the reports that the Commission 

transmits to his office. Any confidential 

business information received by the 

Commission in these investigations and 

used in preparing this report will not be 

published in a manner that would 

reveal the operations of the firm 

supplying the information. 

By order of the Commission. 

Issued: January 29, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–2260 Filed 2–3–10; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Modification of 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

Notice is hereby given that on January 

28, 2010, a proposed Amended Consent 

Decree in United States v. Nassau 

Metals Corporation, Inc., Civil Action 

No. 3: 96–CV–562, D.J. Ref. 90–11–3– 

1057A was lodged with the United 

States District Court for the Middle 

District of Pennsylvania. 

In this action the United States sought 

reimbursement of response costs 

incurred in connection with the release 

or threatened release of hazardous 

substances at the C&D Recycling 

Superfund Site, Luzerne County, 

Pennsylvania (the ‘‘Site’’). The Consent 

Decree obligates the Settling Defendant 

to reimburse $753,222 of the United 

States’ past response costs paid in 

connection with the Site, and to pay 

future response costs to be incurred by 

the United States at the Site as well. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, and either e-mailed to 

pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Nassau Metals Corporation, 

Inc., Civil Action No. 3: 96–CV–562, D.J. 

Ref. 90–11–3–1057A. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Middle District of 

Pennsylvania, 228 Walnut Street, Suite 

220, Harrisburg, PA 11754, and at U.S. 

EPA Region 3. During the public 

comment period, the Consent Decree 

may also be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree 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 $3.50 (@ 25 cents per 

page reproduction 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. 

Maureen Katz, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 2010–2261 Filed 2–3–10; 8:45 am] 

BILLING CODE 4410–15–P 


srobinson on DSKHWCL6B1PROD with NOTICES