Notice Pursuant to the National Cooperative Research and Production Act of 1993-ODVA, INC., 22288-22289 [2018-10161]
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Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices
1–8, 10–15, and 18–22 of U.S. Patent
No. 6,961,508 (‘‘the ’508 patent’’);
claims 1–10 and 13–15 of U.S. Patent
No. 7,171,103 (‘‘the ’103 patent’’);
claims 2–4, 9, 11–12, and 15 of U.S.
Patent No. 7,067,564; and claims 1–3, 9,
12, 16–18, 21, and 30 of U.S. Patent No.
7,706,659 (‘‘the ’659 patent’’). Id. The
Commission’s Notice of Investigation
named as respondents Momentive UV
Coatings (Shanghai) Co., Ltd. of
Shanghai, China (‘‘MUV’’); and OFS
Fitel, LLC of Norcross, Georgia (‘‘OFS’’)
(collectively, ‘‘Respondents’’). Id. The
Office of Unfair Import Investigations
(‘‘OUII’’) was also named as a party in
this investigation. Id.
Prior to the evidentiary hearing, DSM
withdrew its allegations as to certain
patent claims. See Order 12 (Apr. 12,
2017), unreviewed, Notice of
Commission Determination Not to
Review an Initial Determination
Granting Complainants’ Unopposed
Motion to Terminate this Investigation
with respect to One Patent Claim (May
11, 2017); Order 50 (Aug. 25, 2017),
unreviewed, Notice of Commission
Determination Not to Review An Initial
Determination Withdrawing from the
Complaint Certain Allegations
Regarding U.S. Patent No. 7,067,564
(Sept. 15, 2017). DSM proceeded at the
evidentiary hearing on the following
patents and claims: claims 1–8, 11–15,
18–19, 20–21, and 22 of the ’508 patent;
claims 1–10 and 13–15 of the ’103
patent; and claims 1–3, 9, 12, 16–18, 21,
and 30 of the ’659 patent.
On February 15, 2018, the presiding
administrative law judge (‘‘ALJ’’) issued
the ID, which finds only MUV in
violation of section 337, and only as to
the ’508 and ’103 patents. On February
27–28, 2018, OUII, DSM, MUV, and
OFS filed petitions for review of the ID,
and on March 7–8, 2018, the parties
filed responses to the petitions. On
March 19, 2018, the private parties filed
statements on the public interest. The
Commission also received comments on
the public interest from members of the
public.
On April 16, 2018, after considering
the parties’ petitions and responses
thereto, the Commission determined to
review the following issues:
(1) Whether respondent OFS imports
respondent MUV’s accused KS1–043/
048 coating.
(2) Whether claim 30 of ’659 patent is
invalid for lack of written description.
(3) Whether claims 1–8, 11, 15, and
18–19 of the ’508 patent are invalid for
lack of written description and
enablement.
(4) Whether claim 21 of the ’508
patent and claims 1–10 and 13–15 of the
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’103 patent are invalid for lack of
written description and enablement.
DEPARTMENT OF JUSTICE
(5) Whether the accused products
infringe the ’508, ’103, and ’659 patents.
Antitrust Division
(6) Whether the technical and
economic prongs of the domestic
industry requirement have been met for
the ’508, ’103, and ’659 patents.
The Commission had determined to
not review the remainder of the ID and
did not request any briefing.
On review, the Commission has now
determined that DSM has not shown
that Respondents have violated section
337. As to the issues under review and
as explained more fully in the related
Commission Opinion, the Commission
has determined to affirm with
modifications in part, reverse in part,
and take no position as to certain issues
under review. More particularly, the
Commission has determined to affirm
with modified reasoning the ID’s
conclusion that claims 1–8, 11, 15, and
18–19 of the ’508 patent are invalid for
lack of written description. The
Commission has also determined to
supplement the ID’s reasoning as to its
conclusion that claim 30 of the ’659
patent is invalid for lack of written
description. The Commission has
further determined to reverse the ID’s
conclusion that claim 21 of the ’508
patent and claims 1–10 and 13–15 of the
’103 patent are not invalid for lack of
written description. The Commission
has additionally determined to modify
the ID to include a finding that
respondent OFS imports respondent
MUV’s accused KS1–043/048 coating.
Finally, the Commission has determined
not to take a position as to whether
claims 1–8, 11, 15, 18–19, and 21 of the
’508 patent and claims 1–10 and 13–15
of the ’103 patent are invalid for lack of
enablement; whether the accused
products infringe the ’508, ’103, and
’659 patents; and whether the technical
and economic prongs of the domestic
industry requirement have been met for
those patents.
This action is taken under the
authority of 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: May 8, 2018.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2018–10164 Filed 5–11–18; 8:45 am]
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—ODVA, INC.
Notice is hereby given that, on April
23, 2018, pursuant to Section 6(a) of the
National Cooperative Research and
Production Act of 1993, 15 U.S.C. 4301
et seq. (‘‘the Act’’), ODVA, Inc.
(‘‘ODVA’’) 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, Ingersoll-Rand Company,
Davidson, NC; Erhardt+Leimer GmbH,
Stadtbergen, GERMANY; Dalian SeaSky
Automation Co., Ltd., Dalian Liaoning,
PEOPLE’S REPUBLIC OF CHINA;
CIMON, Gyeonggi-do, REPUBLIC OF
KOREA; SYNTEC TECHNOLOGY CO.,
LTD., Hsinchu City, TAIWAN; and
ASA–RT s.r.l., Torino, ITALY, have
been added as parties to this venture.
Also, Bedrock Automation, Canton,
MA; Criterion NDT, Auburn, WA;
Hermany Opto Electronics Inc.,
Coquitlam, CANADA; Alfa Laval LKM
as, Kolding, DENMARK; Pico and Tera,
Suwon-si, REPUBLIC OF KOREA; and
SWAC Automation Consult GmbH,
Oberhaching, GERMANY, have
withdrawn as parties to this venture.
In addition, Dynatronix has changed
its name to ProTec Dynatronix LLC dba
Dynatronix, Amery, WI; and Microscan
Systems, Inc. to Omron Microscan
Systems, Inc., Renton, WA.
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 ODVA
intends to file additional written
notifications disclosing all changes in
membership.
On June 21, 1995, ODVA 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 15, 1996 (61 FR 6039).
The last notification was filed with
the Department on January 29, 2018. A
notice was published in the Federal
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Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices
Cyber Division, Federal Bureau
of Investigation, Department of Justice.
ACTION: 60-day notice.
for the proper performance of the
functions of the Bureau of Justice
Statistics, including whether the
information will have practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
The Department of Justice
(DOJ), Federal Bureau of Investigation
(FBI), Cyber Division (CyD) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for 60 days until July
13, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments
especially on the estimated public
burden or associated response time,
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
Stacy Stevens, Unit Chief, FBI, Cyber
Division, 935 Pennsylvania Ave. NW,
Washington, DC 20535 (facsimile: 703–
633–5797; email: slstevens2@fbi.gov) or
Stacey Rubin, Management and Program
Analyst, FBI, Cyber Division, 935
Pennsylvania Ave. NW, Washington, DC
20535 (facsimile: 703–633–5797; email:
sjrubin@fbi.gov). Written comments
and/or suggestions can also be sent to
the Office of Management and Budget,
Office of Information and Regulatory
Affairs, Attention Department of Justice
Desk Officer, Washington, DC 20503.
Additionally, comments may be
submitted via email to OIRA_
submission@omb.eop.gov.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
Overview of this information
collection:
1. Type of Information Collection:
Extension with change of a currently
approved collection.
2. The Title of the Form/Collection:
2013 Private Industry Feedback Survey.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
There is not a form number on the
survey.
4. Affected public who will be asked
or required to respond, as well as a brief
abstract: The FBI, Cyber Division,
produces reports that provide
information related to cyber trends and
threats for private sector partners. The
reports are referred to as Private
Industry Notifications (PINs) and FBI
Liaison Alert Systems (FLASHs). In
order to improve the PIN/FLASH
reports, a ‘‘Feedback’’ Section has been
added to the reports containing a URL
that links to a voluntary online survey.
The results of the survey are reviewed
by CyD and used to improve future
reports to better serve the FBI’s private
sector partners.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 5,000
respondents will complete the survey. It
is estimated that it takes each
respondent 3 minutes to complete the
survey.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated public burden
associated with this collection is 250
hours.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Register pursuant to Section 6(b) of the
Act on February 27, 2018 (83 FR 8506).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust
Division.
[FR Doc. 2018–10161 Filed 5–11–18; 8:45 am]
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DEPARTMENT OF JUSTICE
[OMB Number 1110–0065]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; Extension
With Change, of a Previously
Approved Collection; Private Industry
Feedback Survey
AGENCY:
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SUMMARY:
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Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, 3E.405A,
Washington, DC 20530.
Dated: May 9, 2018.
Melody Braswell,
Department Clearance Officer, PRA, U.S.
Department of Justice.
[FR Doc. 2018–10171 Filed 5–11–18; 8:45 am]
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
Docket No. OSHA–2006–0042]
CSA Group Testing & Certification Inc.:
Grant of Expansion of Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
In this notice, OSHA
announces the final decision to expand
the scope of recognition for CSA Group
Testing & Certification Inc., as a
Nationally Recognized Testing
Laboratory (NRTL).
DATES: The expansion of the scope of
recognition becomes effective on May
14, 2018.
FOR FURTHER INFORMATION CONTACT:
Information regarding this notice is
available from the following sources:
Press inquiries: Contact Mr. Frank
Meilinger, Director, OSHA Office of
Communications, U.S. Department of
Labor, phone: (202) 693–1999; email:
meilinger.francis2@dol.gov.
General and technical information:
Contact Mr. Kevin Robinson, Director,
Office of Technical Programs and
Coordination Activities, Directorate of
Technical Support and Emergency
Management, Occupational Safety and
Health Administration, phone: (202)
693–2110; email: robinson.kevin@
dol.gov. OSHA’s web page includes
information about the NRTL Program
(see https://www.osha.gov/dts/otpca/
nrtl/).
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Notice of Final Decision
OSHA hereby gives notice of the
expansion of the scope of recognition of
CSA Group Testing & Certification Inc.
(CSA), as a NRTL. CSA’s expansion
covers the addition of six test standards
to its scope of recognition.
OSHA recognition of a NRTL signifies
that the organization meets the
requirements specified by 29 CFR
1910.7. Recognition is an
acknowledgment that the organization
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Agencies
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Pages 22288-22289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10161]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act of 1993--ODVA, INC.
Notice is hereby given that, on April 23, 2018, pursuant to Section
6(a) of the National Cooperative Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (``the Act''), ODVA, Inc. (``ODVA'') 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, Ingersoll-Rand
Company, Davidson, NC; Erhardt+Leimer GmbH, Stadtbergen, GERMANY;
Dalian SeaSky Automation Co., Ltd., Dalian Liaoning, PEOPLE'S REPUBLIC
OF CHINA; CIMON, Gyeonggi-do, REPUBLIC OF KOREA; SYNTEC TECHNOLOGY CO.,
LTD., Hsinchu City, TAIWAN; and ASA-RT s.r.l., Torino, ITALY, have been
added as parties to this venture.
Also, Bedrock Automation, Canton, MA; Criterion NDT, Auburn, WA;
Hermany Opto Electronics Inc., Coquitlam, CANADA; Alfa Laval LKM as,
Kolding, DENMARK; Pico and Tera, Suwon-si, REPUBLIC OF KOREA; and SWAC
Automation Consult GmbH, Oberhaching, GERMANY, have withdrawn as
parties to this venture.
In addition, Dynatronix has changed its name to ProTec Dynatronix
LLC dba Dynatronix, Amery, WI; and Microscan Systems, Inc. to Omron
Microscan Systems, Inc., Renton, WA.
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 ODVA intends to file additional
written notifications disclosing all changes in membership.
On June 21, 1995, ODVA 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
15, 1996 (61 FR 6039).
The last notification was filed with the Department on January 29,
2018. A notice was published in the Federal
[[Page 22289]]
Register pursuant to Section 6(b) of the Act on February 27, 2018 (83
FR 8506).
Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2018-10161 Filed 5-11-18; 8:45 am]
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