Notice Pursuant to the National Cooperative Research and Production Act of 1993-Advanced Media Workflow Association, Inc., 74480-74481 [2016-25915]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 74480 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices ID, and on review to affirm the ID with certain modifications. See Comm’n Notice affirming the ID with modification (Apr. 4, 2016). On March 11, 2016, the ALJ granted Jawbone’s unopposed motion to terminate the investigation as to the remaining claims of the ’811 patent. See Order No. 42. The Commission determined not to review the ID. See Comm’n Notice of Non-review (Apr. 4, 2016). On April 27, 2016, the ALJ granted Fitbit’s motion for summary determination that the asserted claims of the ’413 and ’707 patents (the two patents remaining in the investigation), are directed to ineligible subject matter under 35 U.S.C. 101. See Order No. 54. The Commission determined not to review the ID. See Comm’n Notice of Non-review (Jun. 2, 2016). Thus, all the patent infringement allegations were terminated from the investigation. Only the allegations of trade secret misappropriation remain at issue in the investigation. The ALJ held an evidentiary hearing from May 9, 2016 through May 17, 2016, and thereafter received post-hearing briefing from the parties. During discovery, Jawbone identified 154 trade secrets allegedly misappropriated by Respondents (Trade Secret Nos. 1–144, including Nos. 1.A–1.G, 92–A, 139–A, and 141–A.). ID at 3. Yet at the hearing, Jawbone presented evidence and argument on only 38 of the alleged trade secrets (Trade Secret Nos. 1, 1A–G, 2– 4, 12–14, 17, 18, 33, 52, 53, 55, 58, 91, 92, 92–A, 93–102, 128, 129, 141, 141– A). Jawbone’s post-hearing briefs addressed only five of the alleged trade secrets (Trade Secret Nos. 92, 92–A, 98, 128, and 129). Specifically, Jawbone argued that Fitbit misappropriated alleged Trade Secret Nos. 98 and 128, and Flextronics misappropriated alleged Trade Secret Nos. 92, 92–A, and 129. ID at 3–4. On June 15, 2016, Jawbone moved to terminate the investigation as to all of the trade secrets except for the five alleged trade secrets addressed in its post-hearing briefing. ID at 4 (citing Mot. Docket No. 963–072). Respondents opposed the motion, arguing that they are ‘‘entitled to a determination that Jawbone failed to present sufficient evidence showing actual misappropriation as to all of the trade secrets that Jawbone now seeks to abandon. . . .’’ See id. at 23 (quoting Mot. 072 Rsp. at 8) (emphasis in original). The ALJ denied Jawbone’s motion as outside the scope of Commission Rule 210.21(a). She also denied Fitbit’s request for a determination on whether the VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 withdrawn trade secrets were misappropriated. Id. at 20, 23–24. The ALJ stated that ‘‘[p]arties are free to waive arguments’’ and that Fitbit failed to provide ‘‘any support for the proposition that arguments that have been waived and abandoned should be considered on their merits.’’ Id. The ALJ also granted Jawbone’s June 30, 2016 motion to strike Section V.A. of Fitbit’s post-hearing reply brief for improperly raising a new argument based on news articles that are not in the record of the investigation. Id. at 25. No party petitioned for review of the ALJ’s determinations as to these motions. On August 23, 2016, the ALJ issued her final ID finding no violation of section 337 by Respondents in connection with the alleged trade secrets misappropriation. Specifically, the ALJ found that the Commission has subject matter jurisdiction, in rem jurisdiction over the accused products, and in personam jurisdiction over Respondents. ID at 15–16. The ALJ further found that Jawbone satisfied the importation requirement of section 337, noting that Respondents have stipulated that the accused products have been imported into the United States. Id. at 16. The ALJ, however, found that Jawbone failed to show that the alleged trade secrets constitute actual trade secrets, and that Respondents did not misappropriate any of Jawbone’s alleged trade secrets. ID at 28, 38, 45–46. Finally, the ALJ found that Jawbone failed to prove a threat of substantial injury to a domestic industry as required by 19 U.S.C. 1337(a)(1)(A)(i). See ID at 79–80. In that regard, the ALJ referenced her finding of no misappropriation of trade secrets and added that ‘‘even if Jawbone had proven misappropriation of the five asserted trade secrets, there is no way to decide on this record what specific injury is attributable to these trade secrets, and whether the injury is substantial.’’ Id. at 80. On September 6, 2016, Jawbone filed a petition for review of the ID, challenging only the ALJ’s findings as to alleged Trade Secret Nos. 92, 92–A, and 98. On September 14, 2016, Respondents and the Commission investigative attorney filed responses to the petition for review. Having examined the record of this investigation, including the ALJ’s final ID, the petition for review, and the responses thereto, the Commission has determined not to review the final ID. This investigation is therefore terminated. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 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: October 20, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–25829 Filed 10–25–16; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Advanced Media Workflow Association, Inc. Notice is hereby given that, on September 21, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Advanced Media Workflow Association, Inc. 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, NHK (Japan Broadcasting Corporation), Tokyo, Japan; STORDIS GmbH, Stuttgart, Germany; The Telos Alliance, Cleveland, OH; and Mark Franken (individual member), Winston Hills, Australia, have been added as parties to this venture. Also, Encompass Digital Media, Stanford, CT; Malooba, Launceston, United Kingdom; Tektronix, Beaverton, OR; and Yangaroo, Inc., Toronto, Ontario, Canada, 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 Advanced Media Workflow Association, Inc. intends to file additional written notifications disclosing all changes in membership. On March 28, 2000, Advanced Media Workflow Association, Inc. 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 June 29, 2000 (65 FR 40127). The last notification was filed with the Department on June 22, 2016. A notice was published in the Federal E:\FR\FM\26OCN1.SGM 26OCN1 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices Register pursuant to Section 6(b) of the Act on July 25, 2016 (81 FR 48449). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2016–25915 Filed 10–25–16; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division asabaliauskas on DSK3SPTVN1PROD with NOTICES Notice Pursuant to the National Cooperative Research and Production Act of 1993—UHD Alliance, Inc. Notice is hereby given that, on September 28, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), UHD Alliance, Inc. (‘‘UHD Alliance’’) 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, European Broadcasting Union (EBU), Geneva, Switzerland; Analogix Semiconductor, Inc., Santa Clara, CA; and Pixelworks, Inc., San Jose, CA have been added 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 UHD Alliance intends to file additional written notifications disclosing all changes in membership. On June 17, 2015, UHD Alliance 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 July 17, 2015 (80 FR 42537). The last notification was filed with the Department on July 19, 2016. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on August 18, 2016 (81 FR 55233). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2016–25914 Filed 10–25–16; 8:45 am] BILLING CODE P VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 74481 Immigration and Customs Enforcement. The nine additional members are Office of Justice Programs appointed by the Speaker of the U.S. House of Representatives, the U.S. [OJP (OJJDP) Docket No. 1727] Senate Majority Leader, and the President of the United States. Other Meeting of the Coordinating Council federal agencies take part in Council on Juvenile Justice and Delinquency activities, including the Departments of Prevention Agriculture, Defense, Interior, and the AGENCY: Coordinating Council on Substance and Mental Health Services Juvenile Justice and Delinquency Administration of HHS. Prevention, Justice. Meeting Agenda: The agenda will ACTION: Notice of meeting. include: (a) Opening remarks and introductions; (b) Presentations and SUMMARY: The Coordinating Council on discussion of agency sustainability Juvenile Justice and Delinquency plans; and (c) Council member Prevention announces its next meeting. announcements. DATES: Tuesday, November 15, 2016, Registration: For security purposes, from 3:00 p.m. to 5:00 p.m. (Eastern members of the public who wish to Time). attend the meeting must pre-register ADDRESSES: The meeting will take place online at www.juvenilecouncil.gov no in the third floor main conference room later than Tuesday, November 8, 2016. at the U.S. Department of Justice, Office Should problems arise with web of Justice Programs, 810 7th St. NW., registration, contact Melissa Kanaya, Washington, DC 20531. Senior Program Manager/Federal FOR FURTHER INFORMATION CONTACT: Visit Contractor, at (202) 532–0121 or send a the Web site for the Coordinating request to register to Ms. Kanaya. Please Council at www.juvenilecouncil.gov or include name, title, organization or contact Jeff Slowikowski, Designated other affiliation, full address and phone, Federal Official (DFO), OJJDP, by fax and email information and send to telephone at (202) 616–3646 (not a tollher attention either by fax to (866) 854– free number) or via email: 6619, or by email to Melissa.Kanaya@ jeff.slowikowski@usdoj.gov. The meeting usdoj.gov. Note that these are not tollis open to the public. free telephone numbers. Additional SUPPLEMENTARY INFORMATION: The identification documents may be Coordinating Council on Juvenile required. Meeting space is limited. Justice and Delinquency Prevention Note: Photo identification will be required (‘‘Council’’), established by statute in for admission to the meeting. the Juvenile and Delinquency Written Comments: Interested parties Prevention Act of 1974 section 206 (a) may submit written comments and (42 U.S.C. 5616(a)), will meet to carry questions in advance by Tuesday, out its advisory functions. Documents November 8, 2016, to Jeff Slowikowski, such as meeting announcements, Designated Federal Official for the agendas, minutes, and reports will be Coordinating Council on Juvenile available on the Council’s Web page, Justice and Delinquency Prevention, at www.juvenilecouncil.gov where you jeff.slowikowski@usdoj.gov. may also obtain information on the Alternatively, fax your comments to meeting. (202) 353–9093 and contact Melissa Although designated agency representatives may attend, the Council Kanaya, Senior Program Manager/ Federal Contractor, at (202) 532–0121 to membership consists of the Attorney General (Chair), the Administrator of the ensure that they are received. These are not toll-free numbers. Office of Juvenile Justice and Delinquency Prevention (Vice Chair), The Council expects that the public the Secretary of Health and Human statements submitted will not repeat Services (HHS), the Secretary of Labor previously submitted statements. (DOL), the Secretary of Education Written questions from the public are (DOE), the Secretary of Housing and also invited at the meeting. Urban Development (HUD), the Director Robert L. Listenbee, of the Office of National Drug Control Administrator, Office of Juvenile Justice and Policy, the Chief Executive Officer of Delinquency Prevention. the Corporation for National and [FR Doc. 2016–25870 Filed 10–25–16; 8:45 am] Community Service, and the Assistant Secretary of Homeland Security for U.S. BILLING CODE 4410–18–P DEPARTMENT OF JUSTICE PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1

Agencies

[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74480-74481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25915]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Advanced Media Workflow Association, Inc.

    Notice is hereby given that, on September 21, 2016, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Advanced Media Workflow 
Association, Inc. 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, NHK (Japan Broadcasting Corporation), Tokyo, Japan; 
STORDIS GmbH, Stuttgart, Germany; The Telos Alliance, Cleveland, OH; 
and Mark Franken (individual member), Winston Hills, Australia, have 
been added as parties to this venture.
    Also, Encompass Digital Media, Stanford, CT; Malooba, Launceston, 
United Kingdom; Tektronix, Beaverton, OR; and Yangaroo, Inc., Toronto, 
Ontario, Canada, 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 Advanced Media Workflow Association, 
Inc. intends to file additional written notifications disclosing all 
changes in membership.
    On March 28, 2000, Advanced Media Workflow Association, Inc. 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 June 29, 2000 (65 FR 40127).
    The last notification was filed with the Department on June 22, 
2016. A notice was published in the Federal

[[Page 74481]]

Register pursuant to Section 6(b) of the Act on July 25, 2016 (81 FR 
48449).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2016-25915 Filed 10-25-16; 8:45 am]
BILLING CODE P