Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof; Commission Determination To Grant a Joint Unopposed Motion To Terminate the Enforcement Proceeding Based on a Settlement Agreement and an Unopposed Motion To Rescind the Remedial Orders; Termination of the Investigation, 12595-12596 [2018-05816]

Download as PDF Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–921; (Enforcement Proceeding)] Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof; Commission Determination To Grant a Joint Unopposed Motion To Terminate the Enforcement Proceeding Based on a Settlement Agreement and an Unopposed Motion To Rescind the Remedial Orders; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to grant a joint unopposed motion to terminate the enforcement proceeding based on a settlement agreement and an unopposed motion to rescind the remedial orders. FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone 202– 205–3438. 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 (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 the original investigation on July 14, 2014, based on a complaint filed by Navico, Inc. of Tulsa, Oklahoma, and Navico Holding AS, of Egersund, Norway (collectively, ‘‘Navico’’). 79 FR 40778 (July 14, 2014). The complaint alleged violations of section 337 of the Tariff Act of 1930, as amended, 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 marine sonar imaging devices, including downscan and sidescan daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:32 Mar 21, 2018 Jkt 244001 devices, products containing the same, and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 8,305,840 (‘‘the ’840 patent’’), 8,300,499, and 8,605,550 (‘‘the ’550 patent’’). Id. The named respondents included Garmin International, Inc. and Garmin USA, Inc., each of Olathe, Kansas (collectively, ‘‘Garmin’’), and Garmin (Asia) Corporation of New Taipei City, Taiwan. Id. The Office of Unfair Import Investigations was also named as a party. Id. On December 1, 2015, the Commission found a violation of section 337 based on infringement of certain claims of the ’840 and ’550 patents. 80 FR 76040, 76040–41 (Dec. 7, 2015). The Commission issued a limited exclusion order prohibiting Garmin and Garmin (Asia) Corporation from importing certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof that infringe claims 1, 5, 7, 9, 11, 16–19, 23, 32, 39– 41, and 70–72 of the ’840 patent and claims 32 and 44 of the ’550 patent. Id. The Commission also issued cease and desist orders against Garmin and Garmin (Asia) Corporation, prohibiting the sale and distribution within the United States of articles that infringe certain claims of the ’840 and ’550 patents. Id. at 76041. On August 18, 2016, the Commission issued a modified limited exclusion order. Notice (Aug. 18, 2016). On October 17, 2016, the Commission instituted the subject enforcement proceeding based on a complaint filed by Navico, alleging that Garmin violated the cease and desist orders issued in the original investigation. 81 FR 71531, 71531–32 (Oct. 17, 2016). On May 25, 2017, the presiding administrative law judge (‘‘ALJ’’) issued an enforcement initial determination finding that Garmin violated the cease and desist orders. The ALJ also recommended imposition of a civil penalty of approximately $37 million if the Commission found a violation of the cease and desist orders. On June 13, 2017, the U.S. Court of Appeals for the Federal Circuit issued a decision in Garmin International, Inc. v. International Trade Commission (No. 16–1572), finding invalid as obvious all claims covered by the remedial orders and reversing the Commission’s final determination of a section 337 violation. On October 31, 2017, the Federal Circuit issued a mandate in accordance with its June 13, 2017 judgment. On November 1, 2017, Garmin filed a motion to terminate the enforcement proceeding in light of the reversal of the PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 12595 final determination of violation in the original investigation. On November 2, 2017, Garmin filed a motion to rescind the remedial orders. On November 13, 2017, Navico and OUII filed responses to Garmin’s motion to terminate and motion to rescind the remedial orders. On November 17, 2017, Garmin filed a motion to file a reply. On November 28, 2017, Navico filed an opposition to Garmin’s motion to file a reply. On February 14, 2018, Navico and Garmin filed a joint motion to terminate the enforcement proceeding based on a settlement agreement. Public and confidential versions of the parties’ settlement agreement are attached to the motion. The joint motion states that the settlement agreement resolves the dispute between Navico and Garmin in the enforcement proceeding and that ‘‘[t]here are no other agreements, written or oral, express or implied, between Navico and Garmin regarding the subject matter of this proceeding.’’ The motion also states that ‘‘there no longer exists a basis upon which to continue this enforcement proceeding,’’ that ‘‘termination of this proceeding pursuant to the [a]greement poses no threat to the public interest,’’ and that ‘‘it is in the interest of the public and administrative economy to grant this motion.’’ The joint motion also requested that the Commission act on Garmin’s unopposed motion to rescind the remedial orders. On February 26, 2018, OUII filed a response, supporting the joint motion to terminate the enforcement proceeding and request to rescind the remedial orders. The Commission has determined to grant the joint unopposed motion to terminate the enforcement proceeding based on a settlement agreement. The Commission finds that the joint motion complies with the requirements of section 210.21(b)(1) of the Commission’s Rules of Practice and Procedure (19 CFR 210.21(b)(1)) and that there are no extraordinary circumstances to prevent the requested termination. The Commission also finds that termination of the enforcement proceeding would not be contrary to the public interest. The enforcement proceeding is terminated. The Commission has also determined to rescind the modified limited exclusion order and cease and desist orders. 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). E:\FR\FM\22MRN1.SGM 22MRN1 12596 Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Notices By order of the Commission. Issued: March 19, 2018. Lisa R. Barton, Secretary to the Commission. DEPARTMENT OF LABOR [FR Doc. 2018–05816 Filed 3–21–18; 8:45 am] Proposed Exemption From Certain Prohibited Transaction Restrictions Employee Benefits Security Administration BILLING CODE 7020–02–P Employee Benefits Security Administration, Labor. ACTION: Notice of proposed exemption. AGENCY: DEPARTMENT OF JUSTICE daltland on DSKBBV9HB2PROD with NOTICES Notice Pursuant to the National Cooperative Research and Production Act of 1993—Global Climate and Energy Project Notice is hereby given that, on November 22, 2017, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Global Climate and Energy Project (‘‘GCEP’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its nature and objectives. 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, the members of GCEP have amended the agreement between them to change the nature and objectives of GCEP by extending the termination of GCEP from August 31, 2018, to August 31, 2019, modifying the work descriptions of GCEP, and revising the payment obligations of the members. 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 GCEP intends to file additional written notifications disclosing all changes in membership. On March 12, 2003, GCEP 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 April 4, 2003 (68 FR 16552). The last notification was filed with the Department on August 17, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on September 29, 2015 (80 FR 58504). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2018–05764 Filed 3–21–18; 8:45 am] BILLING CODE 4410–11–P VerDate Sep<11>2014 19:32 Mar 21, 2018 This document contains notice of pendency before the Department of Labor (the Department) of a proposed individual exemption from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). If this proposed one-year temporary exemption is granted, certain entities with specified relationships to BNP Paribas will not be precluded from relying on the exemptive relief provided by Prohibited Transaction Class Exemption 84–14. DATES: Applicable Date: If granted, this proposed one-year temporary exemption will be applicable for the period beginning on May 30, 2018 until the earlier of: (1) May 29, 2019; or (2) the date of final agency action made by the Department in connection with an application for longer-term exemptive relief for the covered transactions described herein. Written comments and requests for a public hearing on the proposed exemption should be submitted to the Department within five days from the date of publication of this Federal Register Notice. ADDRESSES: Comments should state the nature of the person’s interest in the proposed exemption and the manner in which the person would be adversely affected by the exemption, if granted. A request for a hearing can be requested by any interested person who may be adversely affected by an exemption. A request for a hearing must state: (1) The name, address, telephone number, and email address of the person making the request; (2) the nature of the person’s interest in the exemption and the manner in which the person would be adversely affected by the exemption; and (3) a statement of the issues to be addressed and a general description of the evidence to be presented at the hearing. The Department will grant a request for a hearing made in accordance with the requirements above where a hearing is necessary to fully explore material factual issues identified by the person requesting the hearing. A notice of such hearing shall SUMMARY: Antitrust Division Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 be published by the Department in the Federal Register. The Department may decline to hold a hearing where: (1) The request for the hearing does not meet the requirements above; (2) the only issues identified for exploration at the hearing are matters of law; or (3) the factual issues identified can be fully explored through the submission of evidence in written (including electronic) form. All written comments and requests for a hearing (at least three copies) should be sent to the Employee Benefits Security Administration (EBSA), Office of Exemption Determinations, U.S. Department of Labor, 200 Constitution Avenue, NW, Suite 400, Washington, DC 20210. Attention: Application No. D–11949. Interested persons are also invited to submit comments and/or hearing requests to EBSA via email or FAX. Any such comments or requests should be sent either by email to: eoed@dol.gov, or by FAX to (202) 693– 8474 by the end of the scheduled comment period. The application for exemption and the comments received will be available for public inspection in the Public Documents Room of the Employee Benefits Security Administration, U.S. Department of Labor, Room N–1515, 200 Constitution Avenue NW, Washington, DC 20210. Warning: All comments received will be included in the public record without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential or other information whose disclosure is restricted by statute. If you submit a comment, EBSA recommends that you include your name and other contact information in the body of your comment, but DO NOT submit information that you consider to be confidential, or otherwise protected (such as Social Security number or an unlisted phone number) or confidential business information that you do not want publicly disclosed. However, if EBSA cannot read your comment due to technical difficulties and cannot contact you for clarification, EBSA might not be able to consider your comment. Additionally, the http:// www.regulations.gov website is an ‘‘anonymous access’’ system, which means EBSA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email directly to EBSA without going through http:// www.regulations.gov, your email address will be automatically captured and included as part of the comment E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Notices]
[Pages 12595-12596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05816]



[[Page 12595]]

-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-921; (Enforcement Proceeding)]


Certain Marine Sonar Imaging Devices, Including Downscan and 
Sidescan Devices, Products Containing the Same, and Components Thereof; 
Commission Determination To Grant a Joint Unopposed Motion To Terminate 
the Enforcement Proceeding Based on a Settlement Agreement and an 
Unopposed Motion To Rescind the Remedial Orders; 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 to grant a joint unopposed motion to 
terminate the enforcement proceeding based on a settlement agreement 
and an unopposed motion to rescind the remedial orders.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone 202-205-3438. 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 (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 the original 
investigation on July 14, 2014, based on a complaint filed by Navico, 
Inc. of Tulsa, Oklahoma, and Navico Holding AS, of Egersund, Norway 
(collectively, ``Navico''). 79 FR 40778 (July 14, 2014). The complaint 
alleged violations of section 337 of the Tariff Act of 1930, as 
amended, 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 marine sonar imaging devices, including downscan 
and sidescan devices, products containing the same, and components 
thereof by reason of infringement of certain claims of U.S. Patent Nos. 
8,305,840 (``the '840 patent''), 8,300,499, and 8,605,550 (``the '550 
patent''). Id. The named respondents included Garmin International, 
Inc. and Garmin USA, Inc., each of Olathe, Kansas (collectively, 
``Garmin''), and Garmin (Asia) Corporation of New Taipei City, Taiwan. 
Id. The Office of Unfair Import Investigations was also named as a 
party. Id.
    On December 1, 2015, the Commission found a violation of section 
337 based on infringement of certain claims of the '840 and '550 
patents. 80 FR 76040, 76040-41 (Dec. 7, 2015). The Commission issued a 
limited exclusion order prohibiting Garmin and Garmin (Asia) 
Corporation from importing certain marine sonar imaging devices, 
including downscan and sidescan devices, products containing the same, 
and components thereof that infringe claims 1, 5, 7, 9, 11, 16-19, 23, 
32, 39-41, and 70-72 of the '840 patent and claims 32 and 44 of the 
'550 patent. Id. The Commission also issued cease and desist orders 
against Garmin and Garmin (Asia) Corporation, prohibiting the sale and 
distribution within the United States of articles that infringe certain 
claims of the '840 and '550 patents. Id. at 76041.
    On August 18, 2016, the Commission issued a modified limited 
exclusion order. Notice (Aug. 18, 2016).
    On October 17, 2016, the Commission instituted the subject 
enforcement proceeding based on a complaint filed by Navico, alleging 
that Garmin violated the cease and desist orders issued in the original 
investigation. 81 FR 71531, 71531-32 (Oct. 17, 2016). On May 25, 2017, 
the presiding administrative law judge (``ALJ'') issued an enforcement 
initial determination finding that Garmin violated the cease and desist 
orders. The ALJ also recommended imposition of a civil penalty of 
approximately $37 million if the Commission found a violation of the 
cease and desist orders.
    On June 13, 2017, the U.S. Court of Appeals for the Federal Circuit 
issued a decision in Garmin International, Inc. v. International Trade 
Commission (No. 16-1572), finding invalid as obvious all claims covered 
by the remedial orders and reversing the Commission's final 
determination of a section 337 violation. On October 31, 2017, the 
Federal Circuit issued a mandate in accordance with its June 13, 2017 
judgment.
    On November 1, 2017, Garmin filed a motion to terminate the 
enforcement proceeding in light of the reversal of the final 
determination of violation in the original investigation. On November 
2, 2017, Garmin filed a motion to rescind the remedial orders. On 
November 13, 2017, Navico and OUII filed responses to Garmin's motion 
to terminate and motion to rescind the remedial orders. On November 17, 
2017, Garmin filed a motion to file a reply. On November 28, 2017, 
Navico filed an opposition to Garmin's motion to file a reply.
    On February 14, 2018, Navico and Garmin filed a joint motion to 
terminate the enforcement proceeding based on a settlement agreement. 
Public and confidential versions of the parties' settlement agreement 
are attached to the motion. The joint motion states that the settlement 
agreement resolves the dispute between Navico and Garmin in the 
enforcement proceeding and that ``[t]here are no other agreements, 
written or oral, express or implied, between Navico and Garmin 
regarding the subject matter of this proceeding.'' The motion also 
states that ``there no longer exists a basis upon which to continue 
this enforcement proceeding,'' that ``termination of this proceeding 
pursuant to the [a]greement poses no threat to the public interest,'' 
and that ``it is in the interest of the public and administrative 
economy to grant this motion.'' The joint motion also requested that 
the Commission act on Garmin's unopposed motion to rescind the remedial 
orders. On February 26, 2018, OUII filed a response, supporting the 
joint motion to terminate the enforcement proceeding and request to 
rescind the remedial orders.
    The Commission has determined to grant the joint unopposed motion 
to terminate the enforcement proceeding based on a settlement 
agreement. The Commission finds that the joint motion complies with the 
requirements of section 210.21(b)(1) of the Commission's Rules of 
Practice and Procedure (19 CFR 210.21(b)(1)) and that there are no 
extraordinary circumstances to prevent the requested termination. The 
Commission also finds that termination of the enforcement proceeding 
would not be contrary to the public interest. The enforcement 
proceeding is terminated.
    The Commission has also determined to rescind the modified limited 
exclusion order and cease and desist orders.
    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).


[[Page 12596]]


    By order of the Commission.

    Issued: March 19, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018-05816 Filed 3-21-18; 8:45 am]
BILLING CODE 7020-02-P