Notice of Public Hearing, 70591-70592 [2020-24599]
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Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Notices
pursuant to which state policies, laws,
or regulations?
c. Are there formal or informal state
policies that require or permit states
and/or particular state entities to assert
sovereign immunity? Are there any
policies that prohibit such assertions? If
any such policies are set forth in official
government documents, or in relevant
laws, regulations, ordinances, or
constitutions, please provide copies or
citations.
d. Are there instances in which states
or state entities have explicitly waived
sovereign immunity in patent and/or
trademark infringement cases, and if so,
under what authority? Alternatively, are
there state laws, regulations, or policies
that preclude such waivers, and if yes,
please provide copies or citations.
e. Are there instances in which a
court has found that a state or state
entity has waived sovereign immunity
in patent and/or trademark infringement
cases, and if yes, what were the bases of
those findings?
f. When states or state entities assert
defenses of sovereign immunity in
patent and/or trademark infringement
cases, do courts generally accept these
defenses? If courts reject these defenses,
on what basis do they do so?
g. What defenses other than sovereign
immunity, if any, do states or state
entities typically assert in patent and/or
trademark infringement lawsuits?
4. Other impacts of availability of
sovereign immunity:
a. In your view, do the outcomes of
claims of patent and trademark
infringement, whether asserted in
litigation or otherwise, differ depending
on whether the asserted infringement
was carried out by a private party or a
state or state entity, and, if yes, are such
differences attributable to the
availability of sovereign immunity?
Please explain the basis for your view,
and if it is based on particular instances
in which there were claims of patent or
trademark infringement, please describe
those instances.
b. In your view, does the availability
of sovereign immunity as a defense in
litigation lead patent and/or trademark
rights holders to enter into licensing
arrangements with states or state entities
on terms that are more favorable than
those granted to private licensees or to
otherwise change their licensing
practices? Please explain the basis for
your view, and if it is based on
particular instances in which the
availability of sovereign immunity did
or did not impact the outcome of
licensing negotiations, please describe
those instances.
c. Are you aware of instances in
which the availability of sovereign
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immunity as a defense in litigation has
deterred patent and/or trademark rights
holders from commencing litigation
against a state entity and/or from
notifying it about an infringement?
5. Nature and availability of state
remedies:
a. Are there causes of action under
state law that may provide adequate
remedies for patent and/or trademark
infringement by states or state entities?
For example, are any of the following
causes of action available and typically
asserted: State trademark infringement;
takings claims, such as conversion or
reverse eminent domain; tort claims;
contract claims; or writs of trover,
replevin, or detinue?
i. If yes, are the elements of these
causes of action and the associated
remedies comparable to those associated
with infringement actions brought
pursuant to the Lanham Act 18 and/or
the Patent Act?19
ii. Are you aware of instances in
which damages were awarded in patent
and/or trademark suits brought against
states or state entities pursuant to such
causes of action? If yes, please identify
those instances and provide information
about them.
iii. In which state courts can a rights
holder bring a patent or trademark
infringement action against a state or
state entity? Which of the following
doctrines, if any, are impediments to
doing so: Sovereign immunity, state
law, federal preemption, or others?
b. In cases of patent and/or trademark
infringement by states and state entities,
to what extent is injunctive relief
available against state officials who act
within the scope of their authority? Is
such relief adequate to address the
needs of patent and/or trademark rights
holders whose rights are infringed?
6. Other matters:
a. Please describe any formal or
informal policies that states may have
for responding to claims of patent and/
or trademark infringement, including
policies regarding payments to or
negotiations with rights holders. If these
policies are written, please provide
copies.
b. When rights holders notify states or
state entities of patent or trademark
infringements informally rather than via
lawsuits, do they typically do so
through the Attorney General’s office or
through other officials? In cases in
which the interactions are with offices
other than the Attorney General, is the
Attorney General’s office typically
notified?
18 15
19 35
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U.S.C. 1051 et seq.
U.S.C. 1 et seq.
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70591
c. Do states or state agencies typically
carry insurance policies that would
cover patent or trademark infringement
by state employees, and if so, would
such coverage extend to intentional,
reckless, or negligent infringements?
d. Please identify any other pertinent
issues that the USPTO should consider
in conducting its study.
Dated: October 30, 2020.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2020–24621 Filed 11–4–20; 8:45 am]
BILLING CODE 3510–16–P
INTERNATIONAL DEVELOPMENT
FINANCE CORPORATION
Notice of Public Hearing
International Development
Finance Corporation.
ACTION: Announcement of public
hearing.
AGENCY:
The Board of Directors of the
U.S. International Development Finance
Corporation (‘‘DFC’’) will hold a public
hearing on December 9, 2020. This
hearing will afford an opportunity for
any person to present views in
accordance with Section 1413(c) of the
BUILD Act of 2018. Those wishing to
present at the hearing must provide
advance notice to the agency as detailed
below.
DATES: Public hearing: 2:00 p.m.,
Wednesday, December 9, 2020.
Deadline for notifying agency of an
intent to attend or present at the public
hearing: 5:00 p.m., Wednesday,
December 2, 2020.
Deadline for submitting a written
statement: 5:00 p.m., Wednesday,
December 2, 2020.
ADDRESSES: Public hearing: Virtual;
Access information provided at the time
of attendance registration.
You may send notices of intent to
attend, present, or submit a written
statement to Catherine F. I. Andrade,
DFC Corporate Secretary, via email at
candrade@dfc.gov.
Instructions: A notice of intent to
attend the public hearing or to present
at the public hearing must include the
individual’s name, title, organization,
address, email, telephone number, and
a concise summary of the subject matter
to be presented. Oral presentations may
not exceed five (5) minutes. The time for
individual presentations may be
reduced proportionately, if necessary, to
afford all participants who have
submitted a timely request an
SUMMARY:
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70592
Federal Register / Vol. 85, No. 215 / Thursday, November 5, 2020 / Notices
opportunity to be heard. Submission of
written statements must include the
individual’s name, title, organization,
address, email, and telephone number.
The statement must be typewritten,
double-spaced, and may not exceed ten
(10) pages.
FOR FURTHER INFORMATION CONTACT:
Catherine F. I. Andrade, DFC Corporate
Secretary, (202) 336–8768, or
candrade@dfc.gov.
SUPPLEMENTARY INFORMATION: The
public hearing will take place via videoand teleconference. Upon registering,
participants and observers will be
provided instructions on accessing the
hearing. DFC will prepare an agenda for
the hearing identifying speakers, setting
forth the subject on which each
participant will speak, and the time
allotted for each presentation. The
agenda will be available at the time of
the hearing.
Authority: 22 U.S.C. 9613(c).
Catherine F. I. Andrade,
DFC Corporate Secretary.
[FR Doc. 2020–24599 Filed 11–4–20; 8:45 am]
BILLING CODE 3210–02–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket Number DARS–2020–0042; OMB
Control Number 0704–0341]
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement; Part 239,
Acquisition of Information Technology
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice and request for
comments regarding a proposed revision
and extension of an approved
information collection requirement.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, DoD
announces the proposed revision and
extension of a public information
collection requirement and seeks public
comment on the provisions thereof. DoD
invites comments on: whether the
proposed collection of information is
necessary for the proper performance of
the functions of DoD, including whether
the information will have practical
utility; the accuracy of the estimate of
the burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and ways to minimize the
burden of the information collection on
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
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respondents, including the use of
automated collection techniques or
other forms of information technology.
The Office of Management and Budget
(OMB) has approved this information
collection requirement for use through
January 31, 2021. DoD proposes that
OMB extend its approval for use for
three additional years beyond the
current expiration date.
DATES: DoD will consider all comments
received by January 4, 2021.
ADDRESSES: You may submit comments,
identified by OMB Control Number
0704–0341, using any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: osd.dfars@mail.mil. Include
OMB Control Number 0704–0341 in the
subject line of the message.
Mail: Defense Acquisition Regulations
System, Attn: Ms. Heather Kitchens,
OUSD(AT&L)DPAP(DARS), 3060
Defense Pentagon, Room 3B938,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Heather Kitchens, 571–372–6104.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense
Federal Acquisition Regulation
Supplement (DFARS) Part 239,
Acquisition of Information Technology,
and the associated clause at DFARS
252.239–7000; OMB Control Number
0704–0341.
Affected Public: Businesses or other
for-profit and not-for-profit institutions.
Respondent’s Obligation: Required to
obtain or retain benefits.
Type of Request: Revision and
extension of a currently approved
collection.
Reporting Frequency: On occasion.
Number of Respondents: 820.
Responses per Respondent:
Approximately 7.
Annual Responses: 5,932.
Average Burden per Response:
Approximately 0.5 hour.
Annual Burden Hours: 3,025.
Needs and Uses: This requirement
provides for the collection of
information from contractors regarding
security of information technology and
proposals from common carriers to
perform special construction under
contracts for telecommunications
services. Contracting officers and other
DoD personnel use the information to
ensure that information technology is
protected and to establish reasonable
prices for special construction by
common carriers.
PO 00000
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The clause at DFARS 252.239–7000,
Protection Against Compromising
Emanations, requires that the contractor
provide, upon request of the contracting
officer, documentation that information
technology used or provided under the
contract meets appropriate information
assurance requirements. DFARS
239.7408 requires the contracting officer
to obtain a detailed special construction
proposal from a common carrier that
submits a proposal or quotation that has
special construction requirements
related to the performance of basic
telecommunications services.
Jennifer D. Johnson,
Regulatory Control Officer, Defense
Acquisition Regulations System.
[FR Doc. 2020–24561 Filed 11–4–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket DARS–2020–0038; OMB Control No.
0750–0004]
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement (DFARS);
Assessing Contractor Implementation
of Cybersecurity Requirements
Defense Acquisition
Regulations System, Department of
Defense (DOD).
ACTION: Notice and request for
comments regarding a proposed
extension of an approved information
collection requirement.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, DoD
announces the proposed extension of a
public information collection
requirement and seeks public comment
on the provisions thereof. DoD invites
comments on: whether the proposed
collection of information is necessary
for the proper performance of the
functions of DoD, including whether the
information will have practical utility;
the accuracy of the estimate of the
burden of the proposed information
collection; ways to enhance the quality,
utility, and clarity of the information to
be collected; and ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
The Office of Management and Budget
(OMB) has approved this information
collection for use through April 30,
2021. DoD proposes that OMB extend its
approval for use for three additional
SUMMARY:
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Agencies
- INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Notices]
[Pages 70591-70592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24599]
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INTERNATIONAL DEVELOPMENT FINANCE CORPORATION
Notice of Public Hearing
AGENCY: International Development Finance Corporation.
ACTION: Announcement of public hearing.
-----------------------------------------------------------------------
SUMMARY: The Board of Directors of the U.S. International Development
Finance Corporation (``DFC'') will hold a public hearing on December 9,
2020. This hearing will afford an opportunity for any person to present
views in accordance with Section 1413(c) of the BUILD Act of 2018.
Those wishing to present at the hearing must provide advance notice to
the agency as detailed below.
DATES: Public hearing: 2:00 p.m., Wednesday, December 9, 2020.
Deadline for notifying agency of an intent to attend or present at
the public hearing: 5:00 p.m., Wednesday, December 2, 2020.
Deadline for submitting a written statement: 5:00 p.m., Wednesday,
December 2, 2020.
ADDRESSES: Public hearing: Virtual; Access information provided at the
time of attendance registration.
You may send notices of intent to attend, present, or submit a
written statement to Catherine F. I. Andrade, DFC Corporate Secretary,
via email at [email protected].
Instructions: A notice of intent to attend the public hearing or to
present at the public hearing must include the individual's name,
title, organization, address, email, telephone number, and a concise
summary of the subject matter to be presented. Oral presentations may
not exceed five (5) minutes. The time for individual presentations may
be reduced proportionately, if necessary, to afford all participants
who have submitted a timely request an
[[Page 70592]]
opportunity to be heard. Submission of written statements must include
the individual's name, title, organization, address, email, and
telephone number. The statement must be typewritten, double-spaced, and
may not exceed ten (10) pages.
FOR FURTHER INFORMATION CONTACT: Catherine F. I. Andrade, DFC Corporate
Secretary, (202) 336-8768, or [email protected].
SUPPLEMENTARY INFORMATION: The public hearing will take place via
video- and teleconference. Upon registering, participants and observers
will be provided instructions on accessing the hearing. DFC will
prepare an agenda for the hearing identifying speakers, setting forth
the subject on which each participant will speak, and the time allotted
for each presentation. The agenda will be available at the time of the
hearing.
Authority: 22 U.S.C. 9613(c).
Catherine F. I. Andrade,
DFC Corporate Secretary.
[FR Doc. 2020-24599 Filed 11-4-20; 8:45 am]
BILLING CODE 3210-02-P