28724 Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices 

revision of the Puerto Rican Parrot 

recovery plan available for public 

comment from June 17, 2008 through 

August 18, 2008 (73 FR 34313). We 

considered information we received 

during the public comment period and 

information from peer reviewers in our 

preparation of this final revised 

recovery plan. We will forward 

substantive comments to other Federal 

agencies so each agency can consider 

these comments in implementing 

approved recovery plans. 

The objective of this revised plan is to 

provide a framework for the recovery of 

the Puerto Rican parrot, so that 

protection under the Act is no longer 

necessary. The plan presents criteria for 

reclassifying and delisting the parrot. As 

these criteria are met, the status of the 

species will be reviewed and it will be 

considered for reclassification or 

removal from the Federal List of 

Endangered and Threatened Wildlife 

and Plants. 

Authority: The authority for this action is 

section 4(f) of the Endangered Species Act, 

16 U.S.C. 1533 (f). 

Dated: April 14, 2009. 

Jacquelyn B. Parrish, 

Acting Regional Director. 

[FR Doc. E9–14217 Filed 6–16–09; 8:45 am] 

BILLING CODE 4310–55–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–629] 

In the Matter of Certain Silicon 

Microphone Packages and Products 

Containing the Same; Notice of 

Commission Final Determination of 

Violation of Section 337; Issuance of a 

Limited Exclusion Order; Termination 

of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined that there 

is a violation of section 337 of the Tariff 

Act of 1930, as amended (19 U.S.C. 

1337) by respondent MEMS Technology 

Berhad of Malaysia (‘‘MemsTech’’) in 

the above-captioned investigation. The 

Commission has issued a limited 

exclusion order against the respondent 

and has terminated the investigation. 

FOR FURTHER INFORMATION CONTACT: 

Michael Liberman, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3116. 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 January 14, 2008, based on the 

complaint of Knowles Electronics, LLC 

of Itasca, Illinois (‘‘Knowles’’). 73 FR 

2277 (Jan. 14, 2008). The complaint 

alleges 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 silicon 

microphone packages or products 

containing same by reason of 

infringement of one or more of claims 1 

and 2 of U.S. Patent No. 6,781,231 (‘‘the 

‘231 patent’’), and claims 1, 2, 9, 10, 15, 

17, 20, 28, and 29 of U.S. Patent No. 

7,242,089 (‘‘the ‘089 patent’’). The only 

named respondent is MemsTech. 

The evidentiary hearing in this 

investigation was held on September 

22–25, 2008. On January 12, 2009, the 

presiding administrative law judge 

(‘‘ALJ’’) issued an Initial Determination 

on Violation of Section 337 and 

Recommended Determination on 

Remedy and Bond, finding a violation of 

section 337. All parties to this 

investigation, including the Commission 

investigative attorney, filed timely 

petitions for review of various portions 

of the final ID, as well as timely 

responses to the petitions. 

The Commission determined to 

review various portions of the final ID 

and issued a Notice to that effect dated 

March 13, 2009. 74 FR 11748 (Mar. 19, 

2009). In the Notice, the Commission 

also set a schedule for the filing of 

written submissions on the issues under 

review, including certain questions 

posed by the Commission, and on 

remedy, the public interest, and 

bonding. The parties have briefed, with 

initial and reply submissions, the issues 

under review and the issues of remedy, 

the public interest, and bonding. 

On review, the Commission has 

determined as follows. 

(1) With respect to the ‘231 patent: 

(a) To affirm with modifications the 

ALJ’s finding that MemsTech’s accused 

products infringe claims 1 and 2 of the 

‘231 patent; 

(b) to affirm with modifications the 

ALJ’s determination that claims 1 and 2 

of the ‘231 patent are not invalid due to 

anticipation or obviousness; 

(2) With respect to the ‘089 patent: 

(a) to affirm the ALJ’s construction of 

the term ‘‘electrically coupled’’; 

(b) to affirm with modifications the 

ALJ’s construction of the term 

‘‘volume;’’ 

(c) to affirm with modifications the 

ALJ’s finding that MemsTech accused 

products infringe the asserted claims of 

the ‘089 patent; 

(d) to affirm the ALJ’s determination 

that Knowles SiSonic products practice 

claim 1 of the ‘089 patent; 

(e) to affirm with modifications the 

ALJ’s determination that the asserted 

claims of the ‘089 patent are not invalid 

due to anticipation or obviousness; 

(f) to affirm the ALJ’s determination 

that evidence shows that the 

commercial success of the SiSonic 

products is attributable to the ‘089 

patent. 

(3) to affirm the ALJ on any other 

findings under review except insofar as 

they are inconsistent with the opinion 

of the Commission. 

The Commission determined that the 

appropriate form of relief in this 

investigation is a limited exclusion 

order prohibiting the unlicensed entry 

of silicon microphone packages and 

products containing same that infringe 

claims 1 and 2 of U.S. Patent No. 

6,781,231 and claims 1, 2, 9, 10, 15, 17, 

20, 28, and 29 of U.S. Patent No. 

7,242,089, and that are manufactured 

abroad by or on behalf of, or imported 

by or on behalf of, MemsTech. 

The Commission further determined 

that the public interest factors 

enumerated in section 337(d)(1) (19 

U.S.C. 1337(d)(1)) do not preclude 

issuance of the limited exclusion order. 

Finally, the Commission determined 

that there should be no bond during the 

period of Presidential review. The 

Commission’s order was delivered to 

the President and the United States 

Trade Representative on the day of its 

issuance. 

The Commission has therefore 

terminated this investigation. 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 sections 

210.41-.42, 210.50 of the Commission’s 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices 28725 

Rules of Practice and Procedure (19 CFR 

210.41-.42, 210.50). 

By order of the Commission. 

Issued: June 12, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–14204 Filed 6–16–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–678] 

In the Matter of Certain Energy Drink 

Products; 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 May 

15, 2009, under section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, on behalf of Red Bull GmbH of 

Austria and Red Bull North America, 

Inc. of Santa Monica, California. The 

complainants filed a letter 

supplementing the complaint on June 1, 

2009. The complaint alleges violations 

of section 337 based upon the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain energy drink products that 

infringe U.S. Trademark Registration 

Nos. 3,092,197; 2,946,045; 2,994,429; 

and 3,479,607 and U.S. Copyright 

Registration No. VA0001410959. The 

complaint further alleges that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. 

The complainants request that the 

Commission institute an investigation 

and, after the investigation, issue a 

general exclusion order and cease and 

desist orders. 

ADDRESSES: The complaint and 

supplement, except for any confidential 

information contained therein, are 

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., Room 112, Washington, DC 

20436, telephone 202–205–2000. 

Hearing impaired individuals are 

advised that information on this matter 

can be obtained by contacting the 

Commission’s TDD terminal on 202– 

205–1810. 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. 

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. 

FOR FURTHER INFORMATION CONTACT: Juan 

Cockburn, Esq., Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, telephone (202) 205–2572. 

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 Rules of 

Practice and Procedure, 19 CFR 210.10 

(2009). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

June 11, 2009, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine: 

(a) 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 energy drink products by reason 

of infringement of U.S. Copyright 

Registration No. VA0001410959, and 

whether an industry in the United 

States exists as required by subsection 

(a)(2) of section 337; and 

(b) whether there is a violation of 

subsection (a)(1)(C) 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 energy drink products by reason 

of infringement of U.S. Trademark 

Registration Nos. 3,092,197; 2,946,045; 

2,994,429; or 3,479,607, and whether an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337; and 

(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 complainants are— 

Red Bull GmbH, Am Brunnen 1, Fuschl 

am See, 5330 Austria; 

Red Bull North America, Inc., 1740 

Stewart Street, Santa Monica, CA 

90404. 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Chicago Import Inc., 3801–11 West 

Laurence Avenue, Chicago, IL 60625; 

Lamont Dist., Inc., a/k/a Lamont 

Distributors Inc. 5 Lamont Court Suite 

3Am, Brooklyn, NY 11225; 

India Imports, Inc., a/k/a International 

Wholesale Club, 2901 Richland 

Avenue, Metairie, LA 70002; 

Washington Food and Supply of D.C., 

Inc., a/k/a Washington Cash & Carry, 

1270 4th Street NE., Washington, DC 

20002; 

Vending Plus, Inc., 2409 Peppermill 

Drive, Unit J, Glen Burnie, MD 21061; 

Baltimore Beverage Co., 2409 

Peppermill Drive., Unit J, Glen 

Burnie, MD 21061. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Juan Cockburn, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

Paul J. Luckern, Chief Administrative 

Law Judge, U.S. International Trade 

Commission, shall designate 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 Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(d) and 210.13(a), 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 and the notice of 

investigation 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 an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: June 12, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–14205 Filed 6–16–09; 8:45 am] 

BILLING CODE 7020–02–P 


dwashington3 on PROD1PC60 with NOTICES