Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
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`13305
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`notice of review. On February 1, 2018,
`the parties each filed respective replies.
`Having considered the record in this
`investigation and the parties’
`submissions, the Commission finds that
`no violation of section 337 has occurred.
`The Commission (1) reverses the ID’s
`finding on standing and finds that
`Andrea has standing to assert the ’345
`patent; (2) affirms, with additional
`reasoning, the ID’s finding of no
`domestic industry; and (3) takes no
`position on the remaining issues under
`review.
`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: March 22, 2018.
`Lisa R. Barton,
`Secretary to the Commission.
`[FR Doc. 2018–06158 Filed 3–27–18; 8:45 am]
`BILLING CODE 7020–02–P
`
`INTERNATIONAL TRADE
`COMMISSION
`[Investigation No. 337–TA–1061]
`
`Certain Bar Code Readers, Scan
`Engines, Products Containing the
`Same, and Components Thereof;
`Commission Decision Not To Review
`an Initial Determination Granting an
`Amended Joint Motion To Terminate
`the Investigation Based on a License
`and Settlement Agreement;
`Termination of the Investigation
`AGENCY: U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that
`the U.S. International Trade
`Commission has determined not to
`review an initial determination (‘‘ID’’)
`(Order No. 22) of the presiding
`administrative law judge (‘‘ALJ’’)
`granting an amended joint motion to
`terminate the investigation based on a
`license and settlement agreement. The
`investigation is terminated.
`FOR FURTHER INFORMATION CONTACT:
`Houda Morad, Office of the General
`Counsel, U.S. International Trade
`Commission, 500 E Street SW,
`Washington, DC 20436, telephone (202)
`708–4716. 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 https://www.usitc.gov.
`The public record for this investigation
`may be viewed on the Commission’s
`electronic docket (EDIS) at https://
`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 June 27, 2017, based on a complaint
`filed by Honeywell International, Inc. of
`Morris Plains, New Jersey; Hand Held
`Products, Inc. d/b/a Honeywell
`Scanning & Mobility of Fort Mill, South
`Carolina; Metrologic Instruments, Inc.
`d/b/a Honeywell Scanning & Mobility of
`Fort Mill, South Carolina (collectively,
`‘‘Complainants’’ or ‘‘Honeywell’’). See
`82 FR 29095–96 (June 27, 2017). The
`complaint alleges violations of section
`337 of the Tariff Act of 1930, as
`amended (19 U.S.C. 1337), based upon
`the importation into the United States,
`the sale for importation, and the sale
`within the United States after
`importation of certain bar code readers,
`scan engines, products containing the
`same, and components thereof by reason
`of infringement of certain claims of U.S.
`Patent No. 6,832,725; U.S. Patent No.
`8,511,572; U.S. Patent No. 7,148,923;
`U.S. Patent No. 7,527,206; U.S. Patent
`No. 8,646,692; and U.S. Patent No.
`9,323,969. See id. The notice of
`investigation names The Code
`Corporation (‘‘Code’’) of Draper, Utah
`and Cortex Pte Ltd. (‘‘Cortex’’) of
`Singapore as respondents in this
`investigation. See id. The Office of
`Unfair Import Investigations is not a
`party to this investigation. See id.
`On December 8, 2017, the ALJ issued
`an initial determination partially
`terminating the investigation as to
`Cortex as a respondent. See Order No.
`12, unreviewed, Comm’n Notice (Jan. 8,
`2018).
`On February 21, 2018, Honeywell and
`Code filed an amended joint motion to
`terminate the investigation based on a
`license and settlement agreement
`(Motion). On the same day, the ALJ
`issued the subject ID (Order No. 22)
`granting the Motion and terminating the
`investigation. The ID finds that: ‘‘[t]he
`[Motion] complies with the Commission
`Rules . . . .’’ See ID at 1. In particular,
`the ID notes that ‘‘[p]ursuant to
`Commission Rule 210.21(b)(1)[, 19 CFR
`210.21(b)(1)], the movants state: ‘There
`are no other agreements, written or oral,
`
`express or implied, between Honeywell
`and Code regarding the subject matter of
`this proceeding.’ ’’ See ID at 1 (citing
`Motion at 2). In addition, the ID ‘‘does
`not find any evidence’’ indicating that
`terminating the investigation would be
`‘‘contrary’’ to the public interest. See ID
`at 2 (citing Motion at 2; 19 CFR
`210.50(b)(2)). No petition for review of
`the ID was filed.
`The Commission has determined not
`to review the subject ID. The
`investigation is terminated.
`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: March 22, 2018.
`Lisa R. Barton,
`Secretary to the Commission.
`[FR Doc. 2018–06142 Filed 3–27–18; 8:45 am]
`BILLING CODE 7020–02–P
`
`INTERNATIONAL TRADE
`COMMISSION
`[Investigation No. 337–TA–1094]
`
`Certain IOT Devices and Components
`Thereof (IOT, The Internet of Things)—
`Web Applications Displayed on a Web
`Browser; 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 to review
`the presiding administrative law judge’s
`(‘‘ALJ’’) initial determination (‘‘ID’’)
`(Order No. 10), which terminated the
`investigation for good cause on the basis
`of the imminent expiration of the
`asserted patent. On review, the
`Commission has determined to affirm
`the termination based upon the actual
`expiration of the asserted patent.
`FOR FURTHER INFORMATION CONTACT:
`Sidney A. Rosenzweig, Office of the
`General Counsel, U.S. International
`Trade Commission, 500 E Street SW,
`Washington, DC 20436, telephone (202)
`708–2532. 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
`
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`13306
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`Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Notices
`
`may also be obtained by accessing its
`internet server at https://www.usitc.gov.
`The public record for this investigation
`may be viewed on the Commission’s
`electronic docket (EDIS) at https://
`edis.usitc.gov. Hearing-impaired
`persons are advised that information on
`this matter can be obtained by
`contacting the Commission TDD
`terminal on (202) 205–1810.
`SUPPLEMENTARY INFORMATION: The
`Commission instituted this investigation
`on January 22, 2018, based upon an
`amended and supplemented complaint
`filed by Lakshmi Arunachalam, Ph.D.
`and WebXchange, Inc., both of Menlo
`Park, California. 83 FR 3021 (Jan. 22,
`2018). The complaint alleged violations
`of section 337 of the Tariff Act of 1930,
`as amended (19 U.S.C. 1337), by a
`number of proposed respondents in the
`importation into the United States, the
`sale for importation, or the sale within
`the United States after importation of
`certain IOT devices and components
`thereof (IOT, the Internet of Things)—
`web applications displayed on a web
`browser by reason of infringement of
`certain claims of U.S. Patent No.
`7,930,340 (‘‘the ’340 patent’’), as well as
`unfair methods of competition and
`unfair acts (criminal and civil RICO
`violations, breach of contract, theft of
`intellectual property, antitrust
`violations, and trade secret
`misappropriation), the threat or effect of
`which is to destroy or substantially
`injure an industry in the United States.
`83 FR at 3021. The Commission
`determined to institute the investigation
`only as to infringement of the ’340
`patent, and named as respondents
`Apple Inc. of Cupertino, California;
`Facebook, Inc. of Menlo Park,
`California; Samsung Electronics
`America, Inc. of Ridgefield Park, New
`Jersey; and Samsung Electronics Co.,
`Ltd. of Seoul, South Korea. Id. at 3022.
`The Office of Unfair Import
`Investigations (‘‘OUII’’) was also named
`as a party. Id.
`On January 29, 2018, the respondents
`moved to terminate the investigation
`based upon the then-imminent
`expiration of the ’340 patent. The
`complainants responded in opposition
`to the motion. The ALJ denied the
`motion for failure to comply with
`Commission rules. Order No. 8 at 2 &
`n.1 (Feb. 20, 2018). On February 21,
`2018, the respondents filed a renewed
`motion to terminate, which corrected
`the omission in their previous motion.
`The complainants renewed their
`opposition to the motion. OUII
`supported the motion.
`On February 27, 2018, the ALJ granted
`the motion as an ID, finding that good
`
`cause exists for terminating the
`investigation. The ID finds that given
`‘‘the structure of section 337
`investigations’’ there was insufficient
`time for the Commission to ‘‘reach a
`final determination or issue any relief
`before the March 5, 2018 expiration
`date’’ of the ’340 patent. Order No. 10
`at 6.
`On March 5, 2018, the ’340 patent
`expired. That same day, the
`complainants filed a ‘‘Motion for
`Rehearing and Reinstating the
`Investigation’’ (‘‘Compl’ts Submission’’).
`The Commission determined to treat
`that submission as a petition for
`Commission review of the ID under 19
`CFR 210.43. The petition seeks an
`advisory ruling on certain issues.
`Compl’ts Submission 6.
`On March 12, 2018, the respondents
`and OUII filed responses in opposition
`to the complainants’ submission. The
`responses explain, inter alia, that the
`complainants’ submission does not
`provide an adequate basis for
`Commission review under Commission
`Rule 210.43(b)(1), 19 CFR 210.43(b)(1).
`Resp’ts Resp. 3; OUII Resp. 1, 3.
`Having considered the record of the
`investigation, including the parties’
`submissions to the Commission, the
`Commission decides as follows. The
`Commission ‘‘can issue only an
`exclusion order barring future
`importation or a cease and desist order
`barring future conduct,’’ neither of
`which can issue as to an expired patent.
`Texas Instruments Inc. v. U.S. Int’l
`Trade Comm’n, 851 F.2d 342, 344 (Fed.
`Cir. 1988). Because the’340 patent has
`now actually expired, the ID’s good
`cause (the imminent expiration of the
`patent) is now moot. Accordingly, the
`Commission has determined to review
`the ID, and, on review, to affirm the
`termination based upon the actual
`expiration of the ’340 patent. The
`Commission declines the complainants’
`invitation to issue advisory rulings, and
`terminates the 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 in part
`210 of the Commission’s Rules of
`Practice and Procedure (19 CFR part
`210).
`By order of the Commission.
`Issued: March 23, 2018.
`Katherine M. Hiner,
`Supervisory Attorney.
`[FR Doc. 2018–06220 Filed 3–27–18; 8:45 am]
`
`BILLING CODE 7020–02–P
`
`JUDICIAL CONFERENCE OF THE
`UNITED STATES
`
`Meeting of The Judicial Conference;
`Committee on Rules of Practice and
`Procedure
`AGENCY: Judicial Conference of the
`United States, Committee on Rules of
`Practice and Procedure.
`ACTION: Notice of open meeting.
`
`SUMMARY: The Committee on Rules of
`Practice and Procedure will hold a
`meeting on June 12, 2018. The meeting
`will be open to public observation but
`not participation. An agenda and
`supporting materials will be posted at
`least 7 days in advance of the meeting
`at: http://www.uscourts.gov/rules-
`policies/records-and-archives-rules-
`committees/agenda-books.
`DATES: June 12, 2018.
`Time: 8:30 a.m. to 5:00 p.m.
`ADDRESSES: Thurgood Marshall Federal
`Judiciary Building, Mecham Conference
`Center, Administrative Office of the
`United States Courts, One Columbus
`Circle NE, Washington, DC 20544.
`FOR FURTHER INFORMATION CONTACT:
`Rebecca A. Womeldorf, Rules
`Committee Secretary, Rules Committee
`Staff, Administrative Office of the
`United States Courts, Washington, DC
`20544, telephone (202) 502–1820.
`Dated: March 22, 2018.
`Rebecca A. Womeldorf,
`Rules Committee Secretary.
`[FR Doc. 2018–06157 Filed 3–27–18; 8:45 am]
`BILLING CODE 2210–55–P
`
`DEPARTMENT OF JUSTICE
`[CPCLO Order No. 004–2018]
`
`Privacy Act of 1974; Systems of
`Records
`AGENCY: National Institute of Justice,
`Office of Justice Programs, United States
`Department of Justice.
`ACTION: Notice of a new system of
`records.
`
`SUMMARY: Pursuant to the Privacy Act of
`1974 and Office of Management and
`Budget (OMB) Circular No. A–108,
`notice is hereby given that the Office of
`Justice Programs (hereinafter OJP), a
`component within the United States
`Department of Justice (DOJ or
`Department), proposes to develop a new
`system of records titled National
`Missing and Unidentified Persons
`System, JUSTICE/OJP—015. The OJP
`proposes to establish this system of
`records to improve the quantity and
`quality of—and appropriate access to—
`
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