Notice Pursuant To The National Cooperative Research And Production Act Of 1993-Network Centric Operations Industry Consortium, Inc., 22550 [2015-09322]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES 22550 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices Trade Secret Nos. 1, 6, 14, and 15. The ALJ further found no violation of section 337 with respect to claims 6, 10, and 11 of the ’928 patent, claim 1 of the ’158 patent, and Trade Secret Nos. 3 and 4. On July 28, 2014, OUII, Manitowoc, and Sany each filed a petition for review. On August 5, 2014, the parties replied to the respective petitions for review. On September 19, 2014, the Commission determined to review the final ID and solicited briefing from the parties on questions concerning violation, remedy, bonding, and the public interest. 79 Fed. Reg. 57566–68. Specifically, the Commission determined to review the ALJ’s findings with respect to: (1) Importation of the accused products; (2) infringement of the asserted patents; (3) estoppel; (4) the technical prong of the domestic industry requirement; and (5) the asserted trade secrets. The parties provided initial submissions to the Commission’s questions on October 1, 2014, and responsive submissions on October 8, 2014. On December 3, 2014, the Commission determined to request additional briefing. Notice (December 3, 2014). On December 12, 2014, the parties filed initial submissions in response to the Commission’s notice and filed response submissions on December 19, 2014. After considering the final ID, written submissions, and the record in this investigation, the Commission has determined to affirm-in-part and reverse-in-part the final ID and to terminate the investigation with a finding of violation of section 337. Specifically, the Commission: (1) Finds the asserted method claims of the ’928 patent are not infringed; (2) finds the asserted method claim of the ’158 patent is not infringed; (3) finds that claims 23–26 of the ’928 patent are infringed by at least one product; (4) takes no position on the ALJ’s estoppel findings; (5) finds that the domestic industry requirement has been met; and (6) finds Trade Secret Nos. 1, 3, 4, 6, 14, and 15 are protectable and have been misappropriated. The Commission has issued its opinion setting forth the reasons for its determination. Commissioner Kieff concurs in the outcome and has filed an opinion concurring in result and dissenting in part. Having found a violation of section 337 in this investigation, the Commission has determined that the appropriate form of relief is: (1) A limited exclusion order prohibiting the unlicensed entry of certain crawler VerDate Sep<11>2014 18:00 Apr 21, 2015 Jkt 235001 cranes and components thereof that (a) infringe one or more of claims 23–26 of the ’928 patent and are manufactured by, or on behalf of, or are imported by or on behalf of the Respondents or any of their affiliated companies, parents, subsidiaries, agents, or other related business entities, or their successors or assigns; and/or (b) are manufactured abroad by or on behalf of, or imported by or on behalf of, Respondents or any of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, using any of Trade Secret Nos. 1, 3, 4, 6, 14, and 15, for a period of ten (10) years; and (2) a cease and desist order prohibiting the domestic respondent from conducting any of the following activities in the United States: Importing, selling, marketing, advertising, distributing, transferring (except for exportation), and soliciting United States, agents or distributors for, certain crawler cranes and components therefore manufactured using any of Trade Secret Nos. 1, 3, 4, 6, 14, and 15. The Commission has also determined that the public interest factors enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not preclude issuance of the limited exclusion order or a cease and desist order. Finally, the Commission has determined that a bond during the period of presidential review (19 U.S.C. 1337(j)) shall be in the amount of 100 percent (100%) of the entered value of the imported articles that are subject to the limited exclusion order or cease and desist order. The Commission’s orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. 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: April 16, 2015. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2015–09280 Filed 4–21–15; 8:45 am] BILLING CODE 7020–02–P PO 00000 DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant To The National Cooperative Research And Production Act Of 1993—Network Centric Operations Industry Consortium, Inc. Notice is hereby given that, on March 25, 2015, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Network Centric Operations Industry Consortium, Inc. (‘‘NCOIC’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Harry Raduege (individual member), Arlington, VA; Tata Power SED, Andheri, Mumbai, INDIA; and Vikram Chauhan (individual member), Great Falls, VA, have been added as parties to this venture. In addition, NJVC, LLC, Vienna, VA, Saab AB, Ostersund, SWEDEN; and The MITRE Corporation, McLean, VA, have withdrawn as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and NCOIC intends to file additional written notifications disclosing all changes in membership. On November 19, 2004, NCOIC filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on February 2, 2005 (70 FR 5486). The last notification was filed with the Department on January 27, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on February 27, 2015 (80 FR 10716). Patricia A. Brink, Director of Civil Enforcement Antitrust Division. [FR Doc. 2015–09322 Filed 4–21–15; 8:45 am] BILLING CODE 4410–11–P Frm 00078 Fmt 4703 Sfmt 9990 E:\FR\FM\22APN1.SGM 22APN1

Agencies

[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Notices]
[Page 22550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09322]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant To The National Cooperative Research And 
Production Act Of 1993--Network Centric Operations Industry Consortium, 
Inc.

    Notice is hereby given that, on March 25, 2015, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), Network Centric Operations 
Industry Consortium, Inc. (``NCOIC'') has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing changes in its membership. The notifications were 
filed for the purpose of extending the Act's provisions limiting the 
recovery of antitrust plaintiffs to actual damages under specified 
circumstances. Specifically, Harry Raduege (individual member), 
Arlington, VA; Tata Power SED, Andheri, Mumbai, INDIA; and Vikram 
Chauhan (individual member), Great Falls, VA, have been added as 
parties to this venture.
    In addition, NJVC, LLC, Vienna, VA, Saab AB, Ostersund, SWEDEN; and 
The MITRE Corporation, McLean, VA, have withdrawn as parties to this 
venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and NCOIC intends to file additional 
written notifications disclosing all changes in membership.
    On November 19, 2004, NCOIC filed its original notification 
pursuant to Section 6(a) of the Act. The Department of Justice 
published a notice in the Federal Register pursuant to Section 6(b) of 
the Act on February 2, 2005 (70 FR 5486).
    The last notification was filed with the Department on January 27, 
2015. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on February 27, 2015 (80 FR 10716).

Patricia A. Brink,
Director of Civil Enforcement Antitrust Division.
[FR Doc. 2015-09322 Filed 4-21-15; 8:45 am]
 BILLING CODE 4410-11-P

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