Notice Pursuant to the National Cooperative Research and Production Act of 1993-The Open Group, L.L.C., 42011-42012 [2019-17604]
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Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted the original
investigation on July 1, 2016, based on
a complaint filed by Fujifilm
Corporation of Tokyo, Japan and
Fujifilm Recording Media U.S.A., Inc. of
Bedford, Massachusetts (collectively,
‘‘Fujifilm’’). 81 FR 43243 (July 1, 2016).
The complaint alleged violations of 19
U.S.C. 1337, as amended (‘‘Section
337’’), through the importation into the
United States, sale for importation, or
sale within the United States after
importation of certain magnetic data
storage tapes and tape cartridges
containing same that allegedly infringe
certain asserted claims of U.S. Patent
Nos. 6,641,891 (‘‘the ’891 patent’’),
6,767,612 (‘‘the ’612 patent’’), 6,703,106
(‘‘the ’106 patent’’), 8,236,434 (‘‘the ’434
patent’’), and 7,355,805 (‘‘the ’805
patent’’). Id. The Commission’s notice of
investigation named Sony Corporation
of Tokyo, Japan; Sony Corporation of
America of New York, New York; and
Sony Electronics Inc. of San Diego,
California (collectively, ‘‘Sony’’) as
respondents. Id. The Office of Unfair
Import Investigations (‘‘OUII’’) was also
named as a party to the investigation.
On March 14, 2018, the Commission
determined that a violation of Section
337 occurred with respect to the ’891
patent but not the ’612, ’106, ’434, or
’805 patents. 83 FR 11245 (March 14,
2018). The Commission issued a limited
exclusion order and cease and desist
orders against the Sony respondents, but
exempted magnetic data storage tapes
and tape cartridges that are imported or
used for the purpose of fulfilling Sony’s
warranty, service, repair, or compliance
verification obligations. Id.; see also
Comm’n Opinion (March 8, 2018).
On June 13, 2018, the Commission
instituted an enforcement proceeding
and named the original three Sony
entities as respondents, in addition to
Sony Storage Media Solutions
Corporation of Tokyo, Japan; Sony
Storage Media Manufacturing
Corporation of Miyagi, Japan; Sony
DADC US Inc. of Terre Haute, Indiana;
and Sony Latin America Inc. of Miami,
Florida (collectively, ‘‘the Sony
Respondents’’). 83 FR 27626 (June 13,
2018). OUII was also named as a party.
Id.
While the enforcement proceeding
was ongoing, the Sony Respondents
filed a request for an advisory opinion
and petition for modification of the
remedial orders to clarify that certain of
its redesigned tape products are outside
the scope of the remedial orders. See 83
FR 42690 (Aug. 23, 2018). The
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Commission instituted the modification
proceeding on August 23, 2018, and
consolidated it with the enforcement
proceeding. Id. The Commission,
however, subsequently terminated the
modification proceeding that had been
consolidated with the enforcement
proceeding on a motion filed by the
Sony Respondents. 83 FR 58594 (Nov.
20, 2018).
On July 3, 2019, the presiding
administrative law judge (‘‘ALJ’’) issued
an initial determination in the
enforcement proceeding (‘‘EID’’),
finding that the Sony Respondents
violated the cease and desist orders and
recommending a civil penalty of
$210,134 as the appropriate
enforcement measure. EID at 1, 60–61.
The Sony Respondents filed a petition
to review the EID on July 15, 2019. On
July 17, 2019, however, the parties filed
a joint motion for an extension of time
to file a response to the Sony
Respondents’ petition in order to
accommodate the parties’ settlement
discussions.
On July 25, 2019, Fujifilm and the
Sony Respondents filed a joint petition
to rescind the remedial orders and a
joint motion to terminate the
enforcement proceeding due to their
settlement agreement and patent crosslicense. See 19 U.S.C. 1337(k); 19 CFR
210.21(b), 210.76(a). On August 1, 2019,
OUII filed a response in support of the
parties’ joint petition to rescind the
remedial orders and their joint motion
to terminate the enforcement
proceeding.
The Commission, having reviewed the
parties’ joint petition and other
materials, has determined to grant the
parties’ petition and motion, rescind the
limited exclusion order and cease and
desist orders issued in the underlying
investigation, and terminate the
enforcement proceeding.
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: August 13, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–17660 Filed 8–15–19; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—The Open Group, L.L.C.
Notice is hereby given that, on August
6, 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’’), The Open Group,
L.L.C. (‘‘TOG’’) 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, 6point6 Limited, London,
UNITED KINGDOM; Acromag, Inc.,
Wixom, MI; Altran Technologies, SA,
Paris, FRANCE; Baker Hughes, Houston,
TX; Beijing JCC Information Consulting
Co., Ltd., Beijing, PEOPLE’S REPUBLIC
OF CHINA; Cepsa, Madrid, SPAIN;
Concho Resources, Midland, TX;
Concurrent Technologies, Inc., Woburn,
MA; Dubai Customs, Dubai, UNITED
ARAB EMIRATES; Dynamic Graphics,
Inc., Alameda, CA; EPAM Systems, Inc.,
Newton, PA; FEI-Elcom Tech, Inc.,
Northvale, NJ; Flare Solutions Limited,
Portsmouth, UNITED KINGDOM;
GamingWorks BV, Bodegraven, THE
NETHERLANDS; Geophysical Insights,
Houston, TX; ikon Science Limited,
London, UNITED KINGDOM; Interica
Ltd., Lewes, UNITED KINGDOM; Larsen
& Toubro Infotech Ltd., Edison, NJ;
Logic Solutions Group LLC, Houston,
TX; Macro Services Solutions, Bogota,
COLOMBIA; OAG Analytics, Inc.,
Houston, TX; Oliasoft AS, Oslo,
NORWAY; Orion Technologies,
Orlando, FL; Osokey Ltd., Henley-onThames, UNITED KINGDOM; PGS
Geophysical AS, Oslo, NORWAY;
PricewaterhouseCoopers LLP, Toronto,
CANADA; Quantico Energy Solutions,
Inc., Houston, TX; RDRTec, Inc.,
Roebling, NJ; Reflex Photonics Corp.,
Bethlehem, PA; Searcher Seismic
Geodata Pty Ltd., West Perth,
AUSTRALIA; Security Compass,
Ontario, CANADA; Softserve Inc.,
Austin, TX; Stratus Technologies, Inc.,
Maynard, MA; Taipei City Government
Department of Information Technology,
Taipei City, TAIWAN; The University of
Oslo, Oslo, NORWAY; Triton Data
Services, Houston, TX; VITA, Oklahoma
City, OK; XMPro Inc., Dallas, TX; and
Ypto NV, Anderlecht, BELGIUM, have
been added as parties to this venture.
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Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices
Also, Azbil Corporation, Tokyo,
JAPAN; Bayer Business Services GmbH,
Leverkusen, GERMANY; BusinessNow,
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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, CSL Behring LLC, King of
Prussia, PA; and The Gemelli University
Hospital Foundation, Rome, ITALY,
have been added as parties to this
venture.
Also, Three Lakes Partners,
Northbrook, IL, has withdrawn as a
party 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 OSI intends
to file additional written notifications
disclosing all changes in membership.
On March 20, 2019, OSI 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 12, 2019 (84 FR 14973).
Suzanne Morris,
Chief, Premerger and Division Statistics Unit,
Antitrust Division.
[FR Doc. 2019–17607 Filed 8–15–19; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—R Consortium, Inc.
Notice is hereby given that, on August
6, 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’’), R Consortium, Inc.
(‘‘R Consortium’’) 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, Avant, Inc., Chicago, IL,
has withdrawn as a party 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 R Consortium
intends to file additional written
notifications disclosing all changes in
membership.
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On September 15, 2015, R Consortium
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 October 2, 2015 (80
FR 59815).
The last notification was filed with
the Department on May 16, 2019. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on June 17, 2019 (84 FR 28072).
Suzanne Morris,
Chief, Premerger and Division Statistics Unit,
Antitrust Division.
[FR Doc. 2019–17602 Filed 8–15–19; 8:45 am]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—Medical CBRN Defense
Consortium
Notice is hereby given that, on July
24, 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’’), Medical CBRN
Defense Consortium (‘‘MCDC’’) 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,
Intelligent Optical Systems, Inc.,
Torrance, CA; MeMed US Inc., Milpitas,
CA; New Horizon Diagnostics Corp,
Baltimore, MD; and The Geneva
Foundation, Tacoma, WA, have been
added as parties to this venture.
Also, Vaxess Technologies, Inc.,
Allston, MA, has withdrawn as a party
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 MCDC
intends to file additional written
notifications disclosing all changes in
membership.
On November 13, 2015, MCDC 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 January 6, 2016 (81
FR 513).
The last notification was filed with
the Department on April 24, 2019. A
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Agencies
[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 42011-42012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17604]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National Cooperative Research and
Production Act of 1993--The Open Group, L.L.C.
Notice is hereby given that, on August 6, 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''), The Open Group, L.L.C. (``TOG'')
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, 6point6
Limited, London, UNITED KINGDOM; Acromag, Inc., Wixom, MI; Altran
Technologies, SA, Paris, FRANCE; Baker Hughes, Houston, TX; Beijing JCC
Information Consulting Co., Ltd., Beijing, PEOPLE'S REPUBLIC OF CHINA;
Cepsa, Madrid, SPAIN; Concho Resources, Midland, TX; Concurrent
Technologies, Inc., Woburn, MA; Dubai Customs, Dubai, UNITED ARAB
EMIRATES; Dynamic Graphics, Inc., Alameda, CA; EPAM Systems, Inc.,
Newton, PA; FEI-Elcom Tech, Inc., Northvale, NJ; Flare Solutions
Limited, Portsmouth, UNITED KINGDOM; GamingWorks BV, Bodegraven, THE
NETHERLANDS; Geophysical Insights, Houston, TX; ikon Science Limited,
London, UNITED KINGDOM; Interica Ltd., Lewes, UNITED KINGDOM; Larsen &
Toubro Infotech Ltd., Edison, NJ; Logic Solutions Group LLC, Houston,
TX; Macro Services Solutions, Bogota, COLOMBIA; OAG Analytics, Inc.,
Houston, TX; Oliasoft AS, Oslo, NORWAY; Orion Technologies, Orlando,
FL; Osokey Ltd., Henley-on-Thames, UNITED KINGDOM; PGS Geophysical AS,
Oslo, NORWAY; PricewaterhouseCoopers LLP, Toronto, CANADA; Quantico
Energy Solutions, Inc., Houston, TX; RDRTec, Inc., Roebling, NJ; Reflex
Photonics Corp., Bethlehem, PA; Searcher Seismic Geodata Pty Ltd., West
Perth, AUSTRALIA; Security Compass, Ontario, CANADA; Softserve Inc.,
Austin, TX; Stratus Technologies, Inc., Maynard, MA; Taipei City
Government Department of Information Technology, Taipei City, TAIWAN;
The University of Oslo, Oslo, NORWAY; Triton Data Services, Houston,
TX; VITA, Oklahoma City, OK; XMPro Inc., Dallas, TX; and Ypto NV,
Anderlecht, BELGIUM, have been added as parties to this venture.
[[Page 42012]]
Also, Azbil Corporation, Tokyo, JAPAN; Bayer Business Services
GmbH, Leverkusen, GERMANY; BusinessNow, S[oslash]borg, DENMARK;
CXODynamix Business Solutions (PTY) Ltd., Centurio Pretoria, SOUTH
AFRICA; DHBW, Stuttgart, GERMANY; Digileaf, Inc., Makati City,
PHILIPPINES; Japan Aerospace Exploration Agency, Tsukuba, JAPAN; New
Zealand Department of Internal Affairs, Wellington, NEW ZEALAND; PMH IT
Management & Services, Pty., Ltd., Groblersdal, SOUTH AFRICA; Reserve
Bank of New Zealand, Wellington, NEW ZEALAND; Shanghai NorthUniverse
Enterprise Management Consulting Co., Ltd., Shanghai, PEOPLE'S REPUBLIC
OF CHINA; SMME, Leuven, BELGIUM; Technology Service Corporation,
Turnbull, CT; Vedanta Group, Gurgaon, INDIA; and VIStology, Inc.,
Framingham, MA, have withdrawn as parties to this venture.
In addition, Vector Software Inc. has changed its name to Vector
North America, East Greenwich, RI.
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 TOG intends to file additional
written notifications disclosing all changes in membership.
On April 21, 1997, TOG 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 13,
1997 (62 FR 32371).
The last notification was filed with the Department on May 24,
2019. A notice was published in the Federal Register pursuant to
Section 6(b) of the Act on June 17, 2019 (84 FR 28072).
Suzanne Morris,
Chief, Premerger and Division Statistics Unit, Antitrust Division.
[FR Doc. 2019-17604 Filed 8-15-19; 8:45 am]
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