Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Notices 64215 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

an advisory opinion proceeding in the 

above-captioned investigation. 

FOR FURTHER INFORMATION CONTACT: 

Panyin A. Hughes, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

205–3042. 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 Inv. No. 337– 

TA–861 on November 16, 2012, based 

on a complaint filed by Speculative 

Product Design, LLC of Mountain View, 

California (‘‘Speck’’). 77 FR 68828 (Nov. 

16, 2012). 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 cases for portable electronic 

devices by reason of infringement of 

various claims of United States Patent 

No. 8,204,561 (‘‘the ’561 patent’’). The 

complaint named several respondents. 

The Commission instituted Inv. No. 

337–TA–867 on January 31, 2013, based 

on a complaint filed by Speck. 78 FR 

6834 (Jan. 31, 2013). That complaint 

also 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 cases for portable 

electronic devices by reason of 

infringement of various claims of the 

’561 patent. The complaint named 

several respondents. On January 31, 

2013, the Commission consolidated the 

two investigations. Id. 

All the participating respondents 

were terminated from the consolidated 

investigations as a result of settlement 

agreements, consent motion 

stipulations, or withdrawal of the 

complaint as to them. A number of the 

named respondents defaulted. On 

February 21, 2014, the ALJ issued his 

final initial determination finding a 

violation of section 337 as to claims 4, 

5, 9, and 11 of the ’561 patent by the 

defaulting respondents and 

recommended issuance of a general 

exclusion order (‘‘GEO’’). Based on 

evidence of a pattern of violation and 

difficulty ascertaining the source of the 

infringing produces, the Commission 

agreed with the ALJ and issued a GEO 

directed to cases for portable electronic 

devices that infringe one of claims 4, 5, 

9, and 11 of the ’561 patent. 

On September 4, 2014, Otter Products, 

LLC of Fort Collins, Colorado (‘‘Otter’’) 

filed a request with the Commission 

asking for institution of an advisory 

opinion proceeding to declare that its 

Symmetry Series Products are not 

covered by the general exclusion order. 

Specifically, Otter requests that the 

proceeding consider: (1) Whether, under 

section 337 and the Administrative 

Procedure Act, the GEO should apply to 

Otter’s imports absent a determination 

by the Commission in a violation or 

enforcement proceeding that Otter’s 

products infringe; (2) whether Otter’s 

products are covered by one or more of 

claims 4, 5, 9, and 11 of the ’561 patent; 

and (3) that the Commission consider 

the validity of the ’561 patent as part of 

this proceeding. On October 1, 2014, 

complainant Speck filed an opposition 

to Otter’s request. 

The Commission has determined that 

Otter’s request complies with the 

requirements for institution of an 

advisory opinion proceeding under 

Commission Rule 210.79 to determine 

whether Otter’s Symmetry Series 

products infringe one or more of claims 

4, 5, 9, and 11 of the ’561 patent. The 

Commission has determined to reject 

Otter’s argument that the GEO should 

apply to only products that were 

specifically before the Commission. See 

Hyundai Elecs. Indus. Co. v. U.S. Int’l 

Trade Comm’n, 899 F.2d 1204, 1210 

(Fed. Cir. 1990) (internal citations 

omitted) (‘‘the Commission can impose 

a general exclusion order that binds 

parties and non-parties alike and 

effectively shifts to would-be importers 

of potentially infringing articles, as a 

condition of entry, the burden of 

establishing noninfringement.’’); Multi 

Level Touch Control Lighting Switches, 

USITC Inv. No. 337–TA–225, 1987 ITC 

Lexis 274, *6 (Jul. 16, 1987) (‘‘It is in the 

nature of general exclusion orders that 

they may apply to articles not before the 

Commission during the investigation.’’) 

The Commission has also determined to 

continue its longstanding practice of not 

considering the validity of the 

underlying intellectual property in 

advisory proceedings. See Certain Rare 

Earth Magnets and Magnetic Materials 

and Articles Containing Same, Inv. No. 

337–TA–413, Denial of Request for 

Advisory Opinion at 1 (Nov. 1, 2010); 

Multi–Level Touch Control Lighting 

Switches, Inv. No. 337–TA–225 at *5–6. 

Accordingly, the Commission has 

determined to institute an advisory 

opinion proceeding to determine only 

whether Otter’s Symmetry Series 

products infringe one or more of claims 

4, 5, 9, and 11 of the ’561 patent. The 

Commission has determined to refer 

Otter’s request to the Office of Unfair 

Import Investigations (‘‘OUII’’). The 

parties will furnish OUII with 

information as requested, and OUII shall 

investigate and issue a report to the 

Commission within ninety (90) days of 

the date of publication of this notice in 

the Federal Register. The Commission 

will issue an advisory opinion within 45 

days of receipt of OUII’s written report. 

The following entities are named as 

parties to the proceeding: (1) 

Complainant Speck and (2) Otter. 

The authority for the Commission’s 

determination is contained in sections 

335 and 337 of the Tariff Act of 1930, 

as amended (19 U.S.C. 1335, 1337), and 

in part 210 of the Commission’s Rules 

of Practice and Procedure (19 CFR part 

210). 

Issued: October 22, 2014. 

By order of the Commission. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2014–25551 Filed 10–27–14; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act 

On October 21, 2014, the Department 

of Justice lodged a proposed Consent 

Decree with the United States District 

Court for the District of Oregon in a 

lawsuit entitled United States v. Justine 

V.R. Russell, in her capacity as Personal 

Representative of the Estate of Roger 

Milliken, Dr. Ora K. Smith, and Sue 

Beauregard Rife, in her capacity as 

Personal Representative of the Estate of 

William A. Bowes, Civil Action No. 

2:14–cv–01660–SU. 

The United States filed this lawsuit 

under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, (‘‘CERCLA’’), 42 U.S.C. 9601 et 


asabaliauskas on DSK4SPTVN1PROD with NOTICES
64216 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Notices 

seq. The United States’ complaint 

names Justine V.R. Russell, in her 

capacity as Personal Representative of 

the Estate of Roger Milliken, Dr. Ora K. 

Smith, and Sue Beauregard Rife, in her 

capacity as Personal Representative of 

the Estate of William A. Bowes, as 

defendants. The complaint requests 

recovery of costs that the United States 

incurred responding to releases and the 

threat of releases of hazardous 

substances at and from the New York 

Mine Complex Site, the Ajax and 

Magnolia Mines Site, and the 

Independence Mine Group Site (also 

known as the Cougar Mine Site or 

Cougar Complex Site) in northeastern 

Oregon (collectively the ‘‘Historic 

Oregon Sites’’). All of the defendants 

signed the Consent Decree. The 

defendants agreed to pay a total of 

$1,200,000.00 of the United States’ 

response costs. In return, the United 

States agrees not to sue the defendants 

under sections 106, 107, and 113 of 

CERCLA with regard to the Historic 

Oregon Sites. 

The publication of this notice opens 

a period for public comment on the 

Consent Decree. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and should refer to 

United States v. Justine V.R. Russell, in 

her capacity as Personal Representative 

of the Estate of Roger Milliken, Dr. Ora 

K. Smith, and Sue Beauregard Rife, in 

her capacity as Personal Representative 

of the Estate of William A. Bowes, Civil 

Action No. 2:14–cv–01660–SU, D.J. Ref. 

No. 90–11–3–10258/1. 

All comments must be submitted no 

later than thirty (30) days after the 

publication date of this notice. 

Comments may be submitted either by 

email or by mail: 

To submit comments: Send them to: 

By email ............ pubcomment-ees.enrd@

usdoj.gov. 

By mail .............. Assistant Attorney General, 

U.S. DOJ—ENRD, P.O. 

Box 7611, Washington, 

DC 20044–7611. 

During the public comment period, 

the Consent Decree may be examined 

and downloaded at this Justice 

Department Web site: http://

www.usdoj.gov/enrd/Consent_

Decrees.html. We will provide a paper 

copy of the Consent Decree upon 

written request and payment of 

reproduction costs. Please mail your 

request and payment to: Consent Decree 

Library, U.S. DOJ—ENRD, P.O. Box 

7611, Washington, DC 20044–7611. 

Please enclose a check or money order 

for $4.75 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Susan M. Akers, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2014–25566 Filed 10–27–14; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Foreign Claims Settlement 

Commission 

[F.C.S.C. Meeting and Hearing Notice No. 

10–14] 

Sunshine Act Meeting 

The Foreign Claims Settlement 

Commission, pursuant to its regulations 

(45 CFR part 503.25) and the 

Government in the Sunshine Act (5 

U.S.C. 552b), hereby gives notice in 

regard to the scheduling of open 

meetings as follows: 

Thursday, November 6, 2014: 10:00 

a.m.—Oral hearing on Objection to 

Commission’s Proposed Decision in 

Claim No. IRQ–I–026; 10:45 a.m.— 

Issuance of Proposed Decisions in 

claims against Libya. 

Status: Open. 

All meetings are held at the Foreign 

Claims Settlement Commission, 600 E 

Street NW., Washington, DC. Requests 

for information, or advance notices of 

intention to observe an open meeting, 

may be directed to: Patricia M. Hall, 

Foreign Claims Settlement Commission, 

600 E Street NW., Suite 6002, 

Washington, DC 20579. Telephone: 

(202) 616–6975. 

Brian M. Simkin, 

Chief Counsel. 

[FR Doc. 2014–25677 Filed 10–24–14; 11:15 am] 

BILLING CODE 4410–BA–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Request for Comments on Labor 

Capacity-Building Efforts Under the 

Dominican Republic-Central AmericaUnited States Free Trade Agreement 

AGENCIES: Bureau of International Labor 

Affairs, U.S. Department of Labor and 

Office of the United States Trade 

Representative. 

ACTION: Request for comments from the 

public. 

SUMMARY: This notice is a request for 

comments from the public to assist the 

Secretary of Labor and the United States 

Trade Representative in preparing a 

report on labor capacity-building efforts 

under Chapter 16 (‘‘the Labor Chapter’’) 

and Annex 16.5 of the Dominican 

Republic-Central America-United States 

Free Trade Agreement (‘‘CAFTA–DR’’). 

Comments are also welcomed on efforts 

made by the CAFTA–DR countries to 

implement the labor obligations under 

the Labor Chapter and the 

recommendations contained in a paper 

entitled, ‘‘The Labor Dimension in 

Central America and the Dominican 

Republic—Building on Progress: 

Strengthening Compliance and 

Enhancing Capacity’’ (the ‘‘White 

Paper’’). This report is required under 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement Implementation Act 

(CAFTA–DR Implementation Act). The 

reporting function and the 

responsibility for soliciting public 

comments required under this Act were 

assigned to the Secretary of Labor in 

consultation with the United States 

Trade Representative (USTR). 

DATES: Written comments are due no 

later than 5 p.m. (EDT) November 10, 

2014. 

ADDRESSES: Public comments should be 

submitted electronically to 

www.regulations.gov, the Federal erulemaking portal, docket number DOL 

2014–0005. Comments may also be 

submitted by mail to: Mr. James Rude, 

Office of Trade and Labor Affairs, 

Bureau of International Labor Affairs, 

U.S. Department of Labor, 200 

Constitution Avenue NW., Room S– 

5303, Washington, DC 20210. 

Comments that are mailed must be 

received by the date indicated for 

consideration. Also, please note that 

due to security concerns, postal delivery 

in Washinton, DC may be delayed. 

Therefore, in order to ensure that 

comments receive full consideration, 

the Department encourages the public to 

submit comments via the internet as 

indicated above. Please submit only one 

copy of your comments by only one 

method. Also, please be advised that 

comments received will become a 

matter of public record and will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. The 

Department cautions commenters not to 

include personal information, such as 

Social Security Numbers, personal 

addresses, telephone numbers, and 

email addresses in their comments as 

such information will become viewable 

by the public on the http://

www.regulations.gov Web site. It is each 

commenter’s responsibility to safeguard 


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