Notice Pursuant to the National Cooperative Research and Production Act of 1993-Openjs Foundation (Formerly Node.js Foundation), 14972-14973 [2019-07256]

Download as PDF jbell on DSK30RV082PROD with NOTICES 14972 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Notices supplemented, alleges violations of section 337 based on the infringement of certain registered trademarks and copyrights and on unfair methods of competition and unfair acts in the importation or sale of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies, the threat or effect of which is to destroy or substantially injure an industry in the United States. See id. The notice of investigation identifies fifteen respondents: Can Electric Limited of Guangzhou, China (‘‘Can Electric’’); Capnil (HK) Company Limited of Hong Kong (‘‘Capnil’’); Fractioni of Shanghai, China; Fujian Dahong Trade Co. of Fujian, China (‘‘Dahong’’); GreySolution Limited d/b/ a Fibica of Hong Kong (‘‘GreySolution’’); Huang Wei Feng d/b/a A–O–M Industry of Shenzhen, China (‘‘Huang’’); KBS Electronics Suzhou Co, Ltd. of Shanghai, China (‘‘KBS’’); PLC–VIP Shop d/b/a VIP Tech Limited of Hong Kong (‘‘PLC–VIP’’); Radwell International, Inc. d/b/a PLC Center of Willingboro, New Jersey (‘‘Radwell’’); Shanghai EuoSource Electronic Co., Ltd of Shanghai, China (‘‘EuoSource’’); ShenZhen T-Tide Trading co., Ltd. of Shenzhen, China (‘‘T-Tide’’); SoBuy Commercial (HK) Co. Limited of Hong Kong (‘‘SoBuy’’); Suzhou Yi Micro Optical Co., Ltd., d/b/a Suzhou Yiwei Guangxue Youxiangongsi, d/b/a Easy Microoptics Co. LTD. of Jiangsu, China (‘‘Suzhou’’); Wenzhou Sparker Group Co. Ltd., d/b/a Sparker Instruments of Wenzhou, China (‘‘Sparker’’); and Yaspro Electronics (Shanghai) Co., Ltd. of Shanghai, China (‘‘Yaspro’’). See id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party in this investigation. See id. Nine respondents were found in default, namely, Fractioni, GreySolution, KBS, EuoSource, T-Tide, SoBuy, Suzhou, Yaspro and Can Electric (collectively, ‘‘the Defaulted Respondents’’). See Order No. 17 (Feb. 1, 2018), unreviewed, Comm’n Notice (Feb. 26, 2018); Order No. 32 (June 28, 2018), unreviewed, Comm’n Notice (July 24, 2018). In addition, five unserved respondents (Capnil, Dahong, Huang, PLC–VIP, and Sparker) were terminated from the investigation and one respondent (Radwell) was terminated based on the entry of a consent order. See Order No. 41 (July 17, 2018), unreviewed, Comm’n Notice (Aug. 13, 2018); Order No. 42 (July 20, 2018), unreviewed, Comm’n Notice (Aug. 15, 2018). VerDate Sep<11>2014 18:18 Apr 11, 2019 Jkt 247001 On October 23, 2018, the ALJ issued a final initial determination (‘‘FID’’) finding a violation of section 337 by the Defaulted Respondents based on the infringement of Complainant’s asserted trademarks, namely, U.S. Trademark Reg. Nos. 1172995, 696401, 693780, 1172994, 712800, 712836, 2510226, 2671196, 2701786, and 2412742. The ALJ also recommended that the Commission: (1) Issue a GEO; (2) issue a CDO against defaulted respondent Fractioni; and (3) set a bond at 100% of the entered value of the infringing products during the period of Presidential review. No petitions for review of the subject FID were filed. On December 20, 2018, the Commission issued a notice determining not to review the FID. See 83 FR 67346–48 (Dec. 28, 2018). The Commission’s determination resulted in a finding of a section 337 violation. See id. The Commission’s notice also requested written submissions on remedy, the public interest, and bonding. On February 15, 2019, Complainant and OUII submitted written submissions and on February 22, 2019, OUII submitted a reply submission in response to the Commission’s notice. As explained in the Commission’s Opinion issued concurrently herewith, the Commission has determined that the appropriate remedy in this investigation is: (1) A GEO prohibiting the unlicensed entry of certain industrial automation systems and components thereof including control systems, controllers, visualization hardware, motion and motor control systems, networking equipment, safety devices, and power supplies that infringe Complainant’s asserted trademarks, pursuant to 19 U.S.C. 1337(d)(2), and (2) a CDO directed to defaulted respondent Fractioni, pursuant to 19 U.S.C. 1337(f)(1). The Commission has also determined that the bond during the period of Presidential review pursuant to 19 U.S.C. 1337(j) shall be in the amount of 100 percent of the entered value of the imported articles that are subject to the GEO. The Commission has further determined that the public interest factors enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do not preclude the issuance of the GEO and CDO. Commissioner Schmidtlein disagrees with the Commission’s decision not to issue cease and desist orders against all of the defaulting respondents under section 337(g)(1), and her views have been filed on EDIS. The Commission’s opinion and orders were delivered to the President and to PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 the United States Trade Representative on the day of 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 8, 2019. Lisa Barton, Secretary to the Commission. [FR Doc. 2019–07254 Filed 4–11–19; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Openjs Foundation (Formerly Node.js Foundation) Notice is hereby given that, on April 1, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Node.js Foundation 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. Node.js Foundation, has changed its name to OpenJS Foundation. Specifically, Sauce Labs, San Francisco, CA; RisingStack, Budapest, HUNGARY; Yahoo Inc., Sunnyvale, CA; Dynatrace LLC, Waltham, MA; BitRock, Inc. d/b/a Bitnami, San Francisco, CA; Chef Software, Inc., Seattle, WA; and Keymetrics Inc., Paris, FRANCE, 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 OpenJS Foundation intends to file additional written notifications disclosing all changes in membership. On August 17, 2015, Node.js Foundation 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 September 28, 2015 (80 FR 58297). The last notification was filed with the Department on October 5, 2018. A notice was published in the Federal E:\FR\FM\12APN1.SGM 12APN1 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Notices Register pursuant to Section 6(b) of the Act on October 26, 2018 (83 FR 54142). Register pursuant to Section 6(b) of the Act on January 31, 2019 (84 FR 795). further the purposes and achieve the goals set forth above. Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. Suzanne Morris, Chief, Premerger and Division Statistics Unit, Antitrust Division. [FR Doc. 2019–07256 Filed 4–11–19; 8:45 am] [FR Doc. 2019–07258 Filed 4–11–19; 8:45 am] [FR Doc. 2019–07255 Filed 4–11–19; 8:45 am] BILLING CODE 4410–11–P BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Antitrust Division Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Open Source Imaging Consortium, Inc. Notice Pursuant to the National Cooperative Research and Production Act of 1993—Silicon Integration Initiative, Inc. Notice is hereby given that, on March 20, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Open Source Imaging Consortium, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Pursuant to Section 6(b) of the Act, the identities of the parties to the venture are: Boehringer Ingelheim USA Corporation, Ridgefield, CT; Three Lakes Partners, Northbrook, IL; Siemens Healthcare GmbH, Erlangen, GERMANY; and Fluidda NV, Groeningenlei, BELGIUM. The general area of Open Source Imaging Consortium, Inc.’s planned activity is to define digital imaging biomarkers for idiopathic pulmonary fibrosis and fibrotic interstitial lung diseases (the ‘‘Medical Conditions’’) in order to ensure accurate imaging-based diagnosis, prognosis and prediction of response to therapy, including: (a) Enabling the effective sharing, utilization, and analysis of data relating to the Medical Conditions;(b) establishing and sustaining Open Source Imaging Consortium, Inc. as the preferred data sharing and analytics platform for research relating to the Medical Conditions;(c) link academic, non-profit and corporate research communities for collaborative research facilitated by Open Source Imaging Consortium, Inc.;(d) align and grow a vibrant network of researchers and developers around the goals of Open Source Imaging Consortium, Inc.; and (e) undertaking such other activities as may from time to time be appropriate to Notice is hereby given that, on March 18, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Silicon Integration Initiative, Inc. (‘‘Si2’’) 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, Agile Analog LTD, Cambridgeshire, UNITED KINGDOM; Avatar Integrated Systems, Santa Clara, CA; Blue Cheetah Analog Design, Palo Alto, CA; Chengdu Higon IC Design Co., Ltd., Beijing, PEOPLE’S REPUBLIC OF CHINA; and D2S, Inc., San Jose, CA, have been added as parties to this venture. Also, Atoptech, Inc., Santa Clara, CA; Juniper Networks, San Diego, CA; D.E. Shaw Research, New York, NY; eASIC Corporation, Santa Clara, CA; EDXACT, Voiron, FRANCE; Fraunhofer Institute for Integrated Circuits IIS, Dresden, GERMANY; IC Manage, Inc., Campbell, CA; MINALOGIC, Grenoble, FRANCE; Oracle Corporation, Redwood City, CA; Peregrine Semiconductor Corporation, San Diego, CA; RICOH Electronic Devices Company, LTD, Tokyo, JAPAN; Sage Design Automation, Santa Clara, CA; and Teklatech A/S, Frederiksberg, DENMARK, have withdrawn as parties to this venture. In addition, the following member has changed its name: Thermo-Fisher Scientific, Inc. to Life Technologies Corporation, Carlsbad, CA. 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 Si2 intends to file additional written notifications disclosing all changes in membership. BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Advanced Media Workflow Association, Inc. jbell on DSK30RV082PROD with NOTICES 14973 Notice is hereby given that, on March 21, 2019, 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, Bridge Technologies Co AS, Oslo, NORWAY; TSL Products, Marlow, UNITED KINGDOM; and TAG Video Systems, Tel Aviv, ISRAEL, have been added as parties to this venture. Also, Korean Broadcasting System, Seoul, REPUBLIC OF KOREA; and Streampunk Media, Aultbea, UNITED KINGDOM, 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 March 28, 2000 (65 FR 40127). The last notification was filed with the Department on December 13, 2018. A notice was published in the Federal VerDate Sep<11>2014 18:18 Apr 11, 2019 Jkt 247001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 14972-14973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07256]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Openjs Foundation (Formerly Node.js Foundation)

    Notice is hereby given that, on April 1, 2019, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), Node.js Foundation 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. Node.js Foundation, has changed 
its name to OpenJS Foundation. Specifically, Sauce Labs, San Francisco, 
CA; RisingStack, Budapest, HUNGARY; Yahoo Inc., Sunnyvale, CA; 
Dynatrace LLC, Waltham, MA; BitRock, Inc. d/b/a Bitnami, San Francisco, 
CA; Chef Software, Inc., Seattle, WA; and Keymetrics Inc., Paris, 
FRANCE, 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 OpenJS Foundation intends to file 
additional written notifications disclosing all changes in membership.
    On August 17, 2015, Node.js Foundation 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 September 28, 2015 (80 FR 58297).
    The last notification was filed with the Department on October 5, 
2018. A notice was published in the Federal

[[Page 14973]]

Register pursuant to Section 6(b) of the Act on October 26, 2018 (83 FR 
54142).

Suzanne Morris,
Chief, Premerger and Division Statistics Unit, Antitrust Division.
[FR Doc. 2019-07256 Filed 4-11-19; 8:45 am]
 BILLING CODE 4410-11-P