Federal Register / Vol. 79, No. 250 / Wednesday, December 31, 2014 / Notices 78907 

’487 patent. To conserve resources, the 

Commission has determined to take no 

position on infringement and validity as 

it pertains to the ’487 patent. Regarding 

the ’453 patent, the Commission has 

determined that the prior art REMstar 

device anticipates the asserted claims of 

the ’453 patent under the Commission’s 

construction of the claim limitation ‘‘a 

retaining mechanism configured to 

secure the connecting structure to the 

CPAP apparatus’’ to mean ‘‘one or more 

parts for holding in place the CPAP 

apparatus that is configured to attach 

the connecting structure to the CPAP 

apparatus.’’ Given that Commission’s 

construction is broader than the ALJ’s 

construction, the Commission has 

determined to affirm the ALJ’s 

infringement and domestic industry, 

technical prong, findings. With respect 

to domestic industry the Commission 

has determined to vacate the ID’s 

findings and conclusion that ResMed 

established a domestic industry under 

19 U.S.C. 1337(a)(3)(C). 

Having found a violation of section 

337 in this investigation, the 

Commission has determined that the 

appropriate form of relief is: (1) A 

limited exclusion order prohibiting the 

unlicensed entry of sleep-disordered 

breathing treatment systems and 

components thereof that infringe one or 

more of claims 1, 9, 32, 89, and 92 of 

the ’527 patent; claims 19, 21, 29, 32, 

and 36 of the ’392 patent; claims 32, 33, 

34, and 53 of the ’267 patent; claims 30, 

37, and 38 of the ’060 patent; and claims 

1, 3, 5, 11, 28, 30, 31, and 56 of the ’883 

patent that are manufactured by, or on 

behalf of, or are imported by or on 

behalf of BMC Medical Co., Ltd., 3B 

Medical, Inc., or 3B Products L.L.C. or 

any of their affiliated companies, 

parents, subsidiaries, agents, or other 

related business entities, or their 

successors or assigns, except for service 

and replacement parts for customers 

that purchased their covered products 

prior to the date the exclusion order 

becomes final; and (2) cease and desist 

orders prohibiting domestic respondents 

BMC Medical Co., Ltd., 3B Medical, Inc. 

from conducting any of the following 

activities in the United States: 

Importing, selling, marketing, 

advertising, distributing, transferring 

(except for exportation), and soliciting 

U.S. agents or distributors for, sleepdisordered breathing treatment systems 

and components thereof covered by 

claims 1, 9, 32, 89, and 92 of the ’527 

patent; claims 19, 21, 29, 32, and 36 of 

the ’392 patent; claims 32, 33, 34, and 

53 of the ’267 patent; claims 30, 37, and 

38 of the ’060 patent; and claims 1, 3, 

5, 11, 28, 30, 31, and 56 of the ’883 

patent. The proposed cease and desist 

orders include the following 

exemptions: (1) If in a written 

instrument, the owner of the patents 

authorizes or licenses such specific 

conduct, or such specific conduct is 

related to the importation or same of 

covered products by or for the United 

States; or (2) conduct limited to the 

provision of service and replacement 

parts for customers that purchased their 

covered products prior to the date this 

Order becomes final within the meaning 

of 19 U.S.C. 1337(j)(4). 

The Commission has also determined 

that the public interest factors 

enumerated in section 337(d) and (f) (19 

U.S.C. 1337(d) and (f)) do not preclude 

issuance of the limited exclusion order 

or cease and desist orders. Finally, the 

Commission has determined that a bond 

in the amount of 65 percent of entered 

value is required to permit temporary 

importation during the period of 

Presidential review (19 U.S.C. 1337(j)) 

of sleep-disordered breathing treatment 

systems and components thereof that 

are subject to the limited exclusion 

order. The Commission’s orders and 

opinion were delivered to the President 

and to the United States Trade 

Representative on the day of their 

issuance. 

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 Part 

210 of the Commission’s Rules of 

Practice and Procedure (19 CFR part 

210). 

By order of the Commission. 

Issued: December 23, 2014. 

Jennifer Rohrbach, 

Supervisory Attorney. 

[FR Doc. 2014–30584 Filed 12–30–14; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Proposed 

Consent Decree Under Cercla 

On December 22, 2014, the 

Department of Justice lodged a proposed 

consent decree between the United 

States and Robert G. Schory, III with the 

United States District Court for the 

Western District of North Carolina, 

Charlotte Division, in a case entitled 

United States v. Boulos Family 

Properties, LLC, et al, No. 2:14–cv–059. 

The proposed consent decree resolves 

claims for response costs under Section 

107 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended, (‘‘CERCLA’’), 42 

U.S.C. 9607, against Robert G. Schory, 

III, in connection with the National 

Petroleum Packers Site, a former glycol 

reprocessing facility in Stallings, North 

Carolina. Under the proposed consent 

decree, Mr. Schory will pay $1,500 in 

exchange for a covenant not to sue for 

the Site from the United States, 

conditioned on the accuracy of certain 

representations he made about his 

financial condition. 

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. Boulos Family 

Properties, LLC, et al, DJ. Ref. No. # 90– 

11–3–10947. 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 e-mail ............ 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 $6.00 (25 cents per page 

reproduction cost) payable to the United 

States Treasury. 

Henry S. Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2014–30629 Filed 12–30–14; 8:45 am] 

BILLING CODE 4410–15–P 

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