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