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52578 Federal Register / Vol. 71, No.

172 / Wednesday, September 6, 2006 / Notices

Yoder & Frey Auctioneers, 1670 SUMMARY: Notice is hereby given that a violation of subsection (a)(1)(B) of
Commerce Rd., Holland, OH 43528. complaint was filed with the U.S. section 337 in the importation into the
(c) The Commission investigative International Trade Commission on United States, the sale for importation,
attorney, party to this investigation, is August 1, 2006, under section 337 of the or the sale within the United States after
Rett Snotherly, Esq., Office of Unfair Tariff Act of 1930, as amended, 19 importation of certain peripheral
Import Investigations, U.S. International U.S.C. 1337, on behalf of Microsoft devices or components thereof or
Trade Commission, 500 E Street, SW., Corporation of Redmond, Washington. products containing the same by reason
Suite 401, Washington, DC 20436; and The complaint alleges violations of of infringement of one or more of claims
(3) For the investigation so instituted, section 337 in the importation into the 1, 2, 27, 33, 34, and 59 of U.S. Patent
the Honorable Robert L. Barton, Jr. is United States, the sale for importation, No. 6,460,094 and claims 1 and 3 of U.S.
designated as the presiding and the sale within the United States Patent No. 6,795,949, and whether an
administrative law judge. after importation of certain peripheral industry in the United States exists as
Responses to the complaint and the devices and components thereof and required by subsection (a)(2) of section
notice of investigation must be products containing the same by reason 337;
submitted by the named respondents in of infringement of U.S. Patent No. (2) For the purpose of the
accordance with section 210.13 of the 6,460,094 and U.S. Patent No. investigation so instituted, the following
Commission’s Rules of Practice and 6,795,949. The complaint further alleges are hereby named as parties upon which
Procedure, 19 CFR 210.13. Pursuant to that an industry in the United States this notice of investigation shall be
19 CFR 201.16(d) and 210.13(a), such exists as required by subsection (a)(2) of served:
section 337. (a) The complainant is—Microsoft
responses will be considered by the
The complainant requests that the Corporation, 1 Microsoft Way,
Commission if received not later than 20
Commission institute an investigation Redmond, Washington 98052.
days after the date of service by the (b) The respondent is the following
and, after the investigation, issue a
Commission of the complaint and the entity alleged to be in violation of
permanent exclusion order and a
notice of investigation. Extensions of section 337, and is the party upon
permanent cease and desist order.
time for submitting responses to the which the complaint is to be served:
ADDRESSES: The complaint, except for
complaint and the notice of Belkin Corporation, 501 W. Walnut
investigation will not be granted unless any confidential information contained
therein, is available for inspection Street, Compton, California 90220.
good cause therefor is shown. (c) The Commission investigative
Failure of a respondent to file a timely during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the attorney, party to this investigation, is T.
response to each allegation in the Spence Chubb, Esq., Office of Unfair
complaint and in this notice may be Secretary, U.S. International Trade
Commission, 500 E Street, SW., Room Import Investigations, U.S. International
deemed to constitute a waiver of the Trade Commission, 500 E Street, SW.,
right to appear and contest the 112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired Suite 401, Washington, DC 20436; and
allegations of the complaint and this (3) For the investigation so instituted,
notice, and to authorize the individuals are advised that information
on this matter can be obtained by the Honorable Paul J. Luckern is
administrative law judge and the designated as the presiding
Commission, without further notice to contacting the Commission’s TDD
terminal on 202–205–1810. Persons administrative law judge.
the respondent, to find the facts to be as Responses to the complaint and the
alleged in the complaint and this notice with mobility impairments who will
notice of investigation must be
and to enter an initial determination need special assistance in gaining access
submitted by the named respondent in
and a final determination containing to the Commission should contact the
accordance with section 210.13 of the
such findings, and may result in the Office of the Secretary at 202–205–2000.
Commission’s Rules of Practice and
issuance of a limited exclusion order or General information concerning the
Procedure, 19 CFR 210.13. Pursuant to
cease and desist order or both directed Commission may also be obtained by
19 CFR 201.16(d) and 210.13(a), such
against the respondent. accessing its Internet server at http://
responses will be considered by the
www.usitc.gov. The public record for
By order of the Commission. Commission if received not later than 20
this investigation may be viewed on the
Issued: August 31, 2006. days after the date of service by the
Commission’s electronic docket (EDIS)
Commission of the complaint and the
Marilyn R. Abbott, at http://www.edis.usitc.gov.
notice of investigation. Extensions of
Secretary to the Commission. FOR FURTHER INFORMATION CONTACT: T.
time for submitting responses to the
[FR Doc. E6–14714 Filed 9–5–06; 8:45 am] Spence Chubb, Esq., Office of Unfair complaint and the notice of
BILLING CODE 7020–02–P Import Investigations, U.S. International investigation will not be granted unless
Trade Commission, telephone (202) good cause therefor is shown.
205–2575. Failure of the respondent to file a
INTERNATIONAL TRADE Authority: The authority for institution of timely response to each allegation in the
COMMISSION this investigation is contained in section 337 complaint and in this notice may be
of the Tariff Act of 1930, as amended, and deemed to constitute a waiver of the
[Inv. No. 337–TA–580] in section 210.10 of the Commission’s Rules right to appear and contest the
of Practice and Procedure, 19 CFR 210.10
(2006). allegations of the complaint and this
In the Matter of Certain Peripheral notice, and to authorize the
Devices and Components Thereof and Scope of Investigation: Having administrative law judge and the
Products Containing the Same; Notice considered the complaint, the U.S. Commission, without further notice to
of Investigation International Trade Commission, on the respondent, to find the facts to be as
rwilkins on PROD1PC63 with NOTICES

AGENCY: U.S. International Trade August 29, 2006, ordered that— alleged in the complaint and this notice
Commission. (1) Pursuant to subsection (b) of and to enter an initial determination
section 337 of the Tariff Act of 1930, as and a final determination containing
ACTION: Institution of investigation
amended, an investigation be instituted such findings, and may result in the
pursuant to 19 U.S.C. 1337.
to determine whether there is a issuance of a limited exclusion order or

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Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Notices 52579

cease and desist order or both directed Tariff Act of 1930, 19 U.S.C. 1337, based Issued: August 31, 2006.
against the respondent. on a complaint filed by Amgen, Inc. Marilyn R. Abbott,
By order of the Commission. (‘‘Amgen’’) of Thousand Oaks, Secretary to the Commission.
Issued: August 30, 2006. California. 71 FR 27742 (May 12, 2006). [FR Doc. E6–14743 Filed 9–5–06; 8:45 am]
Marilyn R. Abbott, The complaint asserted a violation of BILLING CODE 7020–02–P

Secretary to the Commission. section 337 of the Tariff Act of 1930, 19


[FR Doc. E6–14715 Filed 9–5–06; 8:45 am] U.S.C. 1337, in the importation into the
United States, sale for importation, or INTERNATIONAL TRADE
BILLING CODE 7020–02–P
sale within the United States after COMMISSION
importation of certain products and [Inv. No. 337–TA–583]
INTERNATIONAL TRADE pharmaceutical compositions
COMMISSION containing recombinant human In the Matter of Certain Wireless
erythropoietin by reason of infringement Communication Devices, Components
[Inv. No. 337–TA–568]
of claims 1 and 2 of U.S. Patent No. Thereof, and Products Containing the
In the Matter of Certain Products and 5,441,868, claims 3, 4, 5, and 11 of U.S. Same; Notice of Investigation
Pharmaceutical Compositions Patent No. 5,547,933, claims 4–9 of U.S.
AGENCY: U.S. International Trade
Containing Recombinant Human Patent No. 5,618,698, claims 4 and 6 of
Commission.
Erythropoietin; Notice of Commission U.S. Patent No. 5,621,080, claim 7 of
U.S. Patent No. 5,756,349, and claim 1 ACTION: Institution of investigation
Decision Not To Review an Initial
Determination Granting Respondents’ of U.S. Patent No. 5,955,422. The notice pursuant to 19 U.S.C. 1337.
Motion for Summary Determination of investigation named Roche Holding SUMMARY: Notice is hereby given that a
That There is No Violation of Section Ltd. of Basel, Switzerland, F. Hoffman- complaint was filed with the U.S.
337 La Roche, Ltd. of Basel, Switzerland, International Trade Commission on July
AGENCY: U.S. International Trade Roche Diagnostics GmbH of Mannheim, 31, 2006, under section 337 of the Tariff
Commission. Germany, and Hoffman La Roche, Inc. of Act of 1930, as amended, 19 U.S.C.
Nutley, New Jersey (collectively, 1337, on behalf of Ericsson Inc. of
ACTION: Notice.
‘‘Roche’’) as respondents. Plano, Texas and Telefonaktiebolaget
SUMMARY: Notice is hereby given that On May 19, 2006, Roche moved for LM Ericsson of Stockholm, Sweden. The
the U.S. International Trade summary determination of no violation complaint alleges violations of section
Commission has determined not to of section 337, stating that its activities 337 in the importation into the United
review the initial determination (‘‘ID’’) fell within the safe harbor created by 35 States and sale of certain wireless
issued by the presiding administrative U.S.C. 271(e)(1) which provides that communication devices, components
law judge (‘‘ALJ’’) granting thereof, and products containing the
‘‘[i]t shall not be an act of infringement
respondents’’ motion for summary same by reason of infringement of U.S.
to make, use, offer to sell, or sell within
determination that there is no violation Patent No. 5,758,295, U.S. Patent No.
of section 337 in the above-captioned the United States or import into the
United States a patented invention . . . 5,783,926, U.S. Patent No. 5,864,765,
investigation. The investigation is U.S. Patent No. 6,009,319, U.S. Patent
terminated. solely for uses reasonably related to the
No. 6,029,052, U.S. Patent No.
development and submission of
FOR FURTHER INFORMATION CONTACT: 6,198,405, U.S. Patent No. 6,387,027,
information under a Federal law which
Christal A. Sheppard, Esq., Office of the U.S. Patent No. 6,839,549, and U.S.
regulates the manufacture, use, or sale
General Counsel, U.S. International Patent No. 6,975,686. The complaint
of drugs or veterinary biological
Trade Commission, 500 E Street, SW., further alleges that an industry in the
products.’’ Amgen opposed the motion. United States exists as required by
Washington, DC 20436, telephone (202)
The Commission investigative attorney subsection (a)(2) of section 337.
708–2301. Copies of non-confidential
documents filed in connection with this (‘‘IA’’) supported the motion. On July 7, The complainants request that the
investigation are or will be available for 2006, the ALJ issued an ID (Order No. Commission institute an investigation
inspection during official business 6) granting Roche’s motion. Amgen filed and, after the investigation, issue a
hours (8:45 a.m. to 5:15 p.m.) in the a petition for review of the ID. permanent exclusion order and a
Office of the Secretary, U.S. Respondents and the IA filed permanent cease and desist order.
International Trade Commission, 500 E oppositions to the petition for review. ADDRESSES: The complaint, except for
Street, SW., Washington, DC 20436, Amgen also filed a motion for leave to any confidential information contained
telephone (202) 205–2000. General reply to the oppositions to its petition therein, is available for inspection
information concerning the Commission for review. during official business hours (8:45 a.m.
may also be obtained by accessing its Having considered the petition for to 5:15 p.m.) in the Office of the
Internet server (http://www.usitc.gov). review, the oppositions thereto, and the Secretary, U.S. International Trade
The public record for this investigation relevant portions of the record, the Commission, 500 E Street, SW., Room
may be viewed on the Commission’s Commission has determined not to 112, Washington, DC 20436, telephone
electronic docket (EDIS) at http:// review the ID and to deny Amgen’s 202–205–2000. Hearing impaired
www.usitc.gov/secretary/edis.htm. motion for leave. individuals are advised that information
Hearing-impaired persons are advised on this matter can be obtained by
that information on this matter can be This action is taken under the
contacting the Commission’s TDD
obtained by contacting the authority of section 337 of the Tariff Act
terminal on 202–205–1810. Persons
rwilkins on PROD1PC63 with NOTICES

Commission’s TDD terminal on (202) of 1930, as amended, 19 U.S.C. 1337,


with mobility impairments who will
205–1810. and section 210.42(h) of the need special assistance in gaining access
SUPPLEMENTARY INFORMATION: On May
Commission’s Rules of Practice and to the Commission should contact the
12, 2006, the Commission instituted an Procedure, 19 CFR 210.42(h). Office of the Secretary at 202–205–2000.
investigation under section 337 of the By order of the Commission. General information concerning the

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