41774 Federal Register / Vol. 72, No.
146 / Tuesday, July 31, 2007 / Notices
sectors. In addition, consistent with the
focus described above, this second
report will include the information
requested by the Committee for the
second report outlined in its letter of
September 21, 2006, with respect to the
macro-economic and other driving
factors behind the rapid growth in U.S.-
China trade. The Commission will
provide this consolidated second report
to the Committee by July 29, 2008.
Public Hearing: A public hearing in
connection with this investigation will
be held at the U.S. International Trade
Commission Building, 500 E Street SW.,
Washington, DC, beginning at 9:30 a.m.
on October 30, 2007. Requests to appear
at the public hearing should be filed
with the Secretary, no later than 5:15
p.m., October 16, 2007, in accordance
with the requirements in the
‘‘Submissions’’ section below. All pre-
hearing briefs and statements should be
filed not later than 5:15 p.m., October
16, 2007; and all post-hearing briefs and
statements should be filed not later than
5:15 p.m., November 13, 2007. In the
event that, as of the close of business on
October 16, 2007, no witnesses are
scheduled to appear at the hearing, the
hearing will be canceled. Any person
interested in attending the hearing as an
observer or nonparticipant may call the
Secretary to the Commission (202–205–
2000) after October 16, 2007, for
information concerning whether the
hearing will be held.
Written Submissions: In lieu of or in
addition to participating in the hearing,
interested parties are invited to submit
written statements concerning this
investigation. All written submissions
should be addressed to the Secretary,
and should be received not later than
5:15 p.m., February 1, 2008. 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). Section 201.8
requires that a signed original (or a copy
so designated) and fourteen (14) copies
of each document 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 the following
paragraph for further information
regarding confidential business
information). The Commission’s rules
authorize filing submissions with the
Secretary by facsimile or electronic
means only to the extent permitted by
§ 201.8 of the rules (see Handbook for
rmajette on PROD1PC64 with NOTICES
Electronic Filing Procedures, http://
www.usitc.gov/secretary/
fed_reg_notices/rules/documents/
handbook_on_electronic_filing.pdf).
Persons with questions regarding
VerDate Aug<31>2005 15:11 Jul 30, 2007 Jkt 211001
electronic filing should contact 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 its request letter, the Committee
stated that it 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
sends to the Committee. Any
confidential business information
received by the Commission in this
investigation 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: July 25, 2007.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E7–14687 Filed 7–30–07; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–564]
In the Matter of Certain Voltage
Regulators, Components Thereof and
Products Containing Same; Notice of
Commission Determination To Review
Portions of a Final Initial Determination
of Violation of Section 337; Schedule
for Filing Written Submissions on the
Issues Under Review and on Remedy,
the Public Interest, and Bonding
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined to review
portions of the final Initial
Determination (‘‘ID’’) issued by the
presiding Administrative Law Judge
(‘‘ALJ’’).
PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\31JYN1.SGM
FOR FURTHER INFORMATION CONTACT: Eric
Frahm, Office of the General Counsel,
U.S. International Trade Commission,
500 E Street, SW., Washington, DC
20436, telephone (202) 205–3107.
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: This
investigation was instituted on March
22, 2006, based on a complaint filed by
Linear Technology Corporation
(‘‘Linear’’) of Milpitas, California. The
complaint, as supplemented, 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 voltage regulators, components
thereof and products containing the
same, by reason of infringement of
claims 1–14 and 23–35 of United States
Patent No. 6,411,531 (‘‘the ‘531 patent’’)
and claims 1–19, 31, 34, and 35 of
United States Patent No. 6,580,258 (‘‘the
‘258 patent’’). The complaint named
Advanced Analogic Technologies, Inc.
(‘‘AATI’’) of Sunnyvale, California as
the sole respondent. Only claims 4, 9,
and 26 of the ‘531 patent and claims 2,
3, 34, and 35 of the ‘258 patent remain
in the investigation.
On May 22, 2007, the ALJ issued his
final ID finding no violation of section
337. Specifically, he found that none of
AATI’s accused products directly
infringe the asserted claims of the ‘258
patent, and that one accused product
directly infringes claims 4 and 26 of the
‘531 patent. He found that no indirect
infringement had occurred in
connection with any of the asserted
claims of either patent. As to validity,
the ALJ determined that claim 35 of the
‘258 patent and claims 4, 9, and 26 of
the ‘531 patent are invalid due to
anticipation, rejecting other arguments
of invalidity, unenforceability, and
estoppel. The ALJ also determined that
a domestic industry exists with regard
31JYN1
 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Notices
to the ‘258 patent; but that there was no
domestic industry with regard to the
‘531 patent, because of a failure to meet
the technical prong of the domestic
industry requirement. With respect to
the ‘531 patent, the Commission
understands the ALJ to have construed
the term ‘‘voltage regulator’’ to include
a tolerance of approximately five
percent as set forth at page 35 of the ID.
On May 30, 2007, the ALJ issued his
Recommended Determination (‘‘RD’’) on
remedy and bonding. Linear, AATI, and
the Commission investigative attorney
(‘‘IA’’) filed petitions for review of the
ALJ’s ID.
Having examined the pertinent
portions of the record of this
investigation, including the ALJ’s final
ID, the petitions for review, and the
responses thereto, the Commission has
made the following determinations.
With respect to the ‘258 patent, the
Commission has determined (1) to
review the ID concerning the issues of
claim construction, infringement, and
validity; and (2) not to review the
remainder of the ID as to the ‘258
patent. With respect to the ‘531 patent,
the Commission has determined (1) to
review the ID concerning the issue of
whether asserted claim 9 of the ‘531
patent is invalid for anticipation by the
Kase reference, and upon review to take
no position as to that issue, and (2) not
to review the remainder of the ID as to
the ‘531 patent.The parties should brief
their position on these issues with
reference to the applicable law and the
evidentiary record. In connection with
its review, the Commission is
particularly interested in responses to
the following questions:
1. With respect to asserted claim 35 of
the ‘258 patent, can monitoring a
voltage using a voltage threshold in the
accused products be considered an
equivalent to ‘‘monitoring the current’’
using a ‘‘current threshold’’ in assessing
infringement of claim 35 under the
doctrine of equivalents? (Parties should
discuss the ‘‘function, way, result’’ test
in their analysis.)
2. With respect to the ‘258 patent,
provide an analysis of indirect
infringement under 271(b) and (c),
including an analysis of any evidence
upon which you rely.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
rmajette on PROD1PC64 with NOTICES
more cease and desist orders that could
result in the respondent being required
to cease and desist from engaging in
unfair acts in the importation and sale
of such articles. Accordingly, the
VerDate Aug<31>2005 15:11 Jul 30, 2007 Jkt 211001
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see Certain Devices for
Connecting Computers via Telephone
Lines, Inv. No. 337–TA–360, USITC
Pub. No. 2843 (December 1994)
(Commission Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
orders would have on (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation are requested to file
written submissions on the issues for
review identified in this notice. Parties
to the investigation, interested
government agencies, and any other
interested parties are encouraged to file
written submissions on the issues of
remedy, the public interest, and
bonding. Such submissions should
address the RD issued by the ALJ on
remedy and bonding on May 30, 2007.
Complainant and the Commission
investigative attorney are also requested
to submit proposed remedial orders for
the Commission’s consideration.
Complainant is requested to state the
dates that the ‘258 patent expires and
the HTSUS numbers under which the
PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\31JYN1.SGM
41775
accused products are imported. The
written submissions and proposed
remedial orders must be filed no later
than close of business on August 7,
2007. Reply submissions must be filed
no later than the close of business on
August 14, 2007. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Any person desiring to
submit a document to the Commission
in confidence must request confidential
treatment unless the information has
already been granted such treatment
during the proceedings. All such
requests should be directed to the
Secretary of the Commission and must
include a full statement of the reasons
why the Commission should grant such
treatment. See 19 CFR 210.6. Documents
for which confidential treatment by the
Commission is sought will be treated
accordingly. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary.
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 and 210.50 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.42–46 and
210.50).
By order of the Commission.
Issued: July 24, 2007.
William R. Bishop,
Acting Secretary to the Commission.
[FR Doc. E7–14709 Filed 7–30–07; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0060]
Cranes and Derricks in Construction;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
AGENCY: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
SUMMARY: OSHA solicits public
comment concerning its proposal to
extend OMB approval of the
information collection requirements
specified in the Construction Standard
on Cranes and Derricks (29 CFR
31JYN1