4232 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–602] 

In the Matter of: Certain GPS Devices 

and Products Containing Same; Notice 

of Commission Final Determination of 

Violation of Section 337; Termination 

of Investigation; Issuance of Limited 

Exclusion Order and Cease and Desist 

Orders 

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 19 U.S.C. 1337 by SiRF 

Technology, Inc. of San Jose, California 

(‘‘SiRF’’); Pharos Science & 

Applications, Inc. of Torrance, 

California (‘‘Pharos’’); MiTAC 

International Corp. of Taiwan 

(‘‘MiTAC’’); Mio Technology Ltd., USA 

of Freemont, California (‘‘Mio’’); and ETEN Information Systems Co., Ltd. of 

Taiwan (‘‘E-TEN’’) (collectively, 

‘‘Respondents’’) in the above-captioned 

investigation. The investigation is 

terminated. 

FOR FURTHER INFORMATION CONTACT: 

Daniel E. Valencia, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–1999. 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 May 7, 2007, based on a complaint 

filed by Global Locate, Inc. of San Jose, 

California (‘‘Global Locate’’). 72 FR 

25777 (May 7, 2007). 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 GPS (Global 

Positioning System) devices and 

products containing the same by reason 

of infringement of various claims of 

United States Patent Nos. 6,417,801 

(‘‘the ’801 patent’’); 6,606,346 (‘‘the ’346 

patent’’); 6,651,000 (‘‘the ’000 patent’’); 

6,704,651 (‘‘the ’651 patent’’); 6,937,187 

(‘‘the ’187 patent’’); and 7,158,080 (‘‘the 

’080 patent’’). The complaint named 

SiRF, Pharos, MiTAC, Mio, and E-TEN 

as respondents. The notice of 

investigation was subsequently 

amended to add Broadcom Corporation 

(‘‘Broadcom’’) of Irvine, California as a 

complainant when Broadcom acquired 

Global Locate (collectively, 

‘‘Complainants’’). 

On August 8, 2008, the ALJ issued his 

final ID finding a violation of section 

337 in the importation and the sale after 

importation of certain GPS devices and 

products containing the same, in 

connection with the asserted claims of 

each of the six patents at issue. 

Respondents and the Commission 

investigative attorney (IA) each filed 

petitions for review on August 25, 2008. 

On September 5, 2008, Complainants 

and the IA each filed responses to the 

petitions for review. 

On October 9, 2008, the Commission 

determined to review the ALJ’s final ID 

in part and requested briefing on the 

issues under review, remedy, the public 

interest, and bonding. The Commission 

determined to review: (1) The ID’s 

finding that Global Locate has standing 

to assert the ’346 patent; (2) the ID’s 

finding that SiRF directly infringes 

claim 1 of the ’651 patent through its 

commercial activities; and (3) the ID’s 

finding that SiRF directly infringes 

claim 1 of the ’000 patent through its 

commercial activities. On October 27, 

2008, the parties filed written 

submissions on the issues under review, 

and on November 3, 2008, the parties 

filed response submissions. 

On October 21, 2008, the Commission 

extended the deadline for receiving 

written submissions on remedy, the 

public interest, and bonding until 

November 13, 2008, in light of the 

Federal Circuit’s recent decision in 

Kyocera Wireless Corp. v. ITC, 545 F.3d 

1340 (Fed. Cir. 2008). On November 13, 

2008, the parties to the investigation 

along with non-party Garmin 

International, Inc. each filed written 

submissions on remedy, the public 

interest, and bonding. On November 14, 

2008, Nokia Corporation and Nokia Inc. 

(collectively ‘‘Nokia’’), also non-parties, 

filed a motion for leave to file written 

submissions on remedy, the public 

interest, and bonding one day late with 

the submission attached. No party 

opposed this motion. The Commission 

has determined to grant Nokia’s motion. 

On November 24, 2008, the parties filed 

reply submissions on remedy, the 

public interest, and bonding. 

On November 18, 2008, Respondents 

filed a petition for reconsideration of the 

Commission’s determination not to 

review the ALJ’s finding that claim 1 of 

the ’187 patent and claims 1, 2, and 11 

of the ’801 patent recite patent-eligible 

subject matter under 35 U.S.C. 101 in 

light of the Federal Circuit’s en banc 

decision in In re Bilski, 545 F.3d 943 

(Fed. Cir. 2008). On November 25, 2008, 

Complainants and the IA each filed 

responses in opposition to Respondents’ 

petition for reconsideration. Having 

reviewed the petition for 

reconsideration and the responses, the 

Commission has determined to deny the 

petition for reconsideration. 

Having examined the record of this 

investigation, including the ALJ’s final 

ID, the Commission has determined to 

modify the following findings in the ID: 

(i) Global Locate has standing to assert 

the ’346 patent, (ii) SiRF directly 

infringes the ’000 patent through its 

commercial activities, and (iii) SiRF 

directly infringes the ’651 patent 

through its commercial activities. These 

modifications merely clarify the ALJ’s 

findings. 

The Commission has determined that 

the appropriate form of relief is (i) a 

limited exclusion order prohibiting the 

unlicensed entry of GPS chips and 

products incorporating these chips that 

infringe one or more of claims 4 and 11 

of the ’346 patent, claims 1, 2, and 22 

of the ’080 patent, claims 1, 2, and 11 

of the ’801 patent, claims 1 and 9 of the 

’187 patent, claims 1 and 2 of the ’651 

patent, and claims 1, 2, and 5 of the ’000 

patent and are manufactured abroad by 

or on behalf of, or imported by or on 

behalf of, SiRF, E-TEN, Pharos, MiTAC 

and Mio; and (ii) cease and desist orders 

against domestic respondents SiRF, 

Mio, and Pharos. 

The Commission further determined 

that the public interest factors 

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

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

issuance of the limited exclusion order 

and the cease and desist orders. Finally, 

the Commission determined the amount 

of bond to permit temporary 

importation during the Presidential 

review period (19 U.S.C.1337(j)) shall be 

in the amount of one hundred (100) 

percent of the entered value of the 

articles that are subject to the order. The 

Commission’s order was delivered to 

the President and the United States 

Trade Representative on the day of its 

issuance. 

The authority for the Commission’s 

determination is contained in section 

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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4233 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in 

sections 210.42–50 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42–50). 

By order of the Commission. 

Issued: January 15, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–1428 Filed 1–22–09; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on January 

15, 2009, a proposed consent decree 

(‘‘Consent Decree’’) in United States v. 

CEMEX California Cement, LLC, Civil 

Action No. 07–00223–GW, was lodged 

with the United States District Court for 

the Central District of California. 

The Consent Decree would resolve 

claims asserted by the United States 

against CEMEX California Cement, LLC 

(‘‘CEMEX’’) pursuant to Sections 113(b) 

and 167 of the Clean Air Act (the 

‘‘Act’’), 42 U.S.C. 7413(b) and 7477, 

seeking injunctive relief and the 

assessment of civil penalties for 

CEMEX’s violations of the Prevention of 

Significant Deterioration (‘‘PSD’’) 

provisions in Part C of Subchapter I of 

the Act, 42 U.S.C. 7470–7492, and the 

federal PSD regulations, 40 CFR 52.21. 

CEMEX operates a portland cement 

manufacturing facility in Victorville and 

Apple Valley, California. The complaint 

filed by the United States alleges that 

CEMEX modified Quarry Kiln #2 in 

1997 and constructed new Quarry Kiln 

#3 in 2000 without complying with 

PSD, including the requirements to first 

obtain a PSD permit authorizing the 

modifications and to install and operate 

the best available technology to control 

emissions of sulfur dioxide (‘‘SO2’’), 

nitrogen oxides (‘‘NOX’’), and/or carbon 

monoxide (‘‘CO’’). 

The Consent Decree would require 

CEMEX to comply with emissions limits 

of 1.95 pounds of NOX, 0.35 pounds of 

SO2, and 2.9 pounds of CO per ton of 

clinker at Quarry Kiln #2. The Consent 

Decree would also require CEMEX to 

comply with a 1.95 pounds of NOX per 

ton of clinker emission limit at Quarry 

Kiln #3, as well as a mass NOX emission 

limit for both kilns of 19,314 pounds per 

day of operation. Finally, the Consent 

Decree would require CEMEX to pay a 

$2,000,000 civil penalty. 

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 emailed 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. CEMEX California Cement, 

LLC, D.J. Ref. No. 90–5–2–1–08691. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Central District of California, 

300 North Los Angeles Street, Room 

7516, Los Angeles, California 90012, 

and at U.S. EPA Region 9, 75 Hawthorne 

Street, San Francisco, California 94105. 

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 $10.25 (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. 

Henry S. Friedman, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–1393 Filed 1–22–09; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

National Institute of Corrections 

Solicitation for a Cooperative 

Agreement—Transition From Prison to 

Community (TPC) 

AGENCY: National Institute of 

Corrections, Department of Justice. 

ACTION: Solicitation for a Cooperative 

Agreement. 

SUMMARY: Helping offenders make a 

successful transition from prison back 

into the community has been the focus 

of much interest in recent years. In 

2001, the National Institute of 

Corrections (NIC) launched its 

Transition From Prison to the 

Community (TPC) initiative to bring the 

best of practical thinking and research 

knowledge to this issue. The goal was to 

articulate a comprehensive and strategic 

approach to transition that incorporates 

the lessons of evidence-based practice, 

emphasizes the importance of 

collaboration, and provides a practical 

tool for use by corrections agencies and 

their governmental and community 

partners. The TPC model was developed 

and NIC is now bringing to conclusion 

extensive implementation assistance to 

a first set of eight states. The TPC 

Reentry Handbook (see ‘‘Background’’) 

provides a thorough record of that 

initiative and what has been learned so 

far. Building specifically on NIC’s 

efforts to date, this cooperative 

agreement award will deliver TPC 

technical assistance to a new set of 

approximately six states and the 

provider, in conjunction with NIC, and 

will continue to advance the model and 

develop products that can assist nonparticipating jurisdictions who have an 

interest in TPC implementation. 

Since a system change initiative of 

this scale and scope is complex and 

time consuming it is expected that new 

states will require TPC assistance for 

three years. This initial 12-month phase 

is expected to be followed by 12 month 

funding from each of the next two fiscal 

years for a full 36-month project 

duration. However, year’s two and three 

funding is subject to satisfactory 

performance by the provider and 

availability of funds for NIC to make 

subsequent TPC continuation awards. 

Therefore, applications will be reviewed 

specifically for the ‘‘Year One’’ proposal 

and work plan, as well as vision and 

demonstrated competence to complete 

necessary subsequent year tasks like 

document development and electronic 

dissemination of information to nonparticipating jurisdictions. 

DATES: Applications must be received 

by 4 p.m. EDT on Monday, March 9, 

2009. 

ADDRESSES: Mailed applications must be 

sent to: Director, National Institute of 

Corrections, 320 First Street, NW., Room 

5007, Washington, DC 20534. 

Applicants are encouraged to use 

Federal Express, UPS, or similar service 

to ensure delivery by the due date. 

Hand delivered applications should 

be brought to 500 First Street, NW., 

Washington, DC 20534. At the front 

desk, dial 7–3106, extension 0 for 

pickup. 

Faxed applications will not be 

accepted. Electronic applications can be 

submitted via http://www.grants.gov. 

FOR FURTHER INFORMATION CONTACT: To 

ensure that all potential applicants have 

access to the same information, all 

questions concerning the background 

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