Notice Pursuant to the National Cooperative Research and Production Act of 1993-Subcutaneous Drug Development & Delivery Consortium, Inc., 7415-7416 [2021-01895]

Download as PDF Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices Notice is hereby given that the U.S. International Trade Commission has determined to terminate the investigation on remand from the U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’) due to mootness. SUMMARY: FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2310. General information concerning the Commission may also be obtained by accessing its internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. The Commission instituted this investigation on May 26, 2016, based on a complaint filed on behalf of Razor USA LLC of Cerritos, California; and Inventist, Inc. and Shane Chen, both of Camas, Washington (collectively, ‘‘Razor’’). 81 FR 33548–49. The complaint alleged, inter alia, violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent No. 8,738,278 (‘‘the ’278 patent’’). The Commission’s notice of investigation named twenty-eight respondents. The Office of Unfair Import Investigations (‘‘OUII’’) also participated in the investigation. Id. Nine respondents (‘‘the remaining respondents’’) remained active in the investigation after every other respondent had been terminated from the investigation based on a consent order, good cause, or else had been found in default. These remaining respondents included Hangzhou Chic Intelligent Co., Ltd. (‘‘Chic’’) of Hangzhou, China; Swagway, LLC (‘‘Swagway’’) of South Bend, Indiana; Modell’s Sporting Goods, Inc. (‘‘Modell’s’’) of New York City, New York; Powerboard a.k.a. Optimum Trading Co. (‘‘Powerboard’’) of Hebron, Kentucky; United Integral, Inc. dba Skque Products of Irwindale, California; Alibaba Group Holding Ltd. of Causeway Bay, Hong Kong and Alibaba.com Ltd. of Hangzhou, China (collectively, ‘‘Alibaba’’); Jetson Electric Bikes LLC (‘‘Jetson’’) of New York City, New York; and Newegg, Inc. (‘‘Newegg’’) of City of Industry, California. On the same day that the Commission instituted this SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 investigation, Razor sought reissue of the asserted ’278 patent. On May 26, 2017, the presiding administrative law judge (‘‘ALJ’’) issued a final ID finding no violation of section 337. The ID found that none of the remaining respondents’ accused products infringes the asserted ’278 patent claims, but that all of the defaulting respondents’ accused products infringe the asserted claims based on allegations in the complaint. The ID also found that the technical prong of the domestic industry requirement was not satisfied. On July 28, 2017, the Commission determined to review (1) the ID’s finding that the Commission has no jurisdiction over Alibaba, and (2) the ID’s analysis of infringement by the defaulting respondents. See Comm’n Notice of Review (July 28, 2017). On review, the Commission determined to (1) take no position on the ID’s finding that it has no jurisdiction over Alibaba; and (2) vacate the ID’s infringement finding as to the defaulting respondents as moot in view, inter alia, of the domestic industry determination. Id. at 3–4. The Commission determined not to review the remainder of the ID and therefore issued its final determination of no Section 337 violation and terminated the investigation. Id. Razor timely appealed the Commission’s final determination to the Federal Circuit. During the appeal, the reissue application was allowed with amended claims that the Commission and Intervenor/respondent Chic argued, via a motion to dismiss, were not ‘‘substantially identical’’ to the original claims on appeal, and therefore the appeal should be dismissed as moot under 35 U.S.C. 252. On October 16, 2018, the Federal Circuit issued an order and mandate that remanded the investigation to the Commission for further proceedings consistent with its ruling. See Razor USA LLC v. ITC, Case No. 2017–2591, Remand Order at 4 (Oct. 16, 2018). Specifically, the Court deemed it appropriate for the Commission to have the first opportunity to determine whether the post-investigation events have rendered the case moot or whether the case may continue either on the original patent claims or reissued claims and to conduct any additional proceedings as necessary. Id. On November 13, 2018, the Commission issued an Order requesting the parties to provide comments concerning what further proceedings are appropriate consistent with the Court’s judgment, including whether the matter should be referred to the ALJ. On November 27, 2018, Razor submitted PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 7415 comments, six respondents (Chic, Swagway, Modell’s, Jetson, Powerboard, and New Egg) filed a joint submission, and Alibaba filed a separate submission. On December 4, 2018, OUII submitted comments. On December 10, 2018, these parties submitted response comments. On September 19, 2019, the Commission issued an Order requesting the parties to provide written responses regarding specific questions concerning the effect of the patent reissue. Razor, Jetson, four respondents (Chic, Swagway, Modell’s, and Newegg), and OUII each filed a submission. Each of these parties, except Jetson, filed a reply. On November 18, 2019, Jetson filed a reply to Razor’s reply, but which also addressed Razor’s initial submission. The Commission has determined to accept that submission, but only as to the portion that responds to Razor’s initial submission. Having examined the record of this investigation, including the Federal Circuit’s Remand Order and the parties’ subsequent briefing, the Commission terminates this investigation as moot pursuant to the Remand Order. The Commission has issued an opinion explaining the basis for the Commission’s determination. The Commission vote for this determination took place on January 22, 2021. 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: January 22, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–01844 Filed 1–27–21; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Subcutaneous Drug Development & Delivery Consortium, Inc. Notice is hereby given that, on January 08, 2021, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Subcutaneous Drug Development & Delivery Consortium, Inc. (‘‘Subcutaneous Drug Development & E:\FR\FM\28JAN1.SGM 28JAN1 7416 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices Delivery Consortium, 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, Sanofi, Paris, FRANCE, has been added 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 Subcutaneous Drug Development & Delivery Consortium, Inc. intends to file additional written notifications disclosing all changes in membership. On October 26, 2020, Subcutaneous Drug Development & Delivery Consortium, 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 December 3, 2020 (85 FR 78148). Uppsala, SWEDEN, have been added as parties to this venture. Also, SAMWON ACT Co., Ltd., Busan, SOUTH KOREA; and The Controls Group, Inc. dba Logix, Kirkland, WA, 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 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 September 17, 2020. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on October 15, 2020 (85 FR 65424). Suzanne Morris, Chief, Premerger and Division Statistics Antitrust Division. [FR Doc. 2021–01894 Filed 1–27–21; 8:45 am] Suzanne Morris, Chief, Premerger and Division Statistics Antitrust Division. BILLING CODE P [FR Doc. 2021–01895 Filed 1–27–21; 8:45 am] Analysis, Richardson, TX; Copious Imaging LLC, Lexington, MA; IDEMIA National Security Solutions, LLC, Alexandria, VA; Passport Systems, N. Billerica, MA; Planck Aerosystems, Inc., San Diego, CA; JANTEQ Corporation, Irvine, CA; SRC, Inc., North Syracuse, NY; CUBRC, Inc., Buffalo, NY; and Tribalco, LLC, Bethesda, MD 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 BSTC intends to file additional written notifications disclosing all changes in membership. On May 30, 2012, BSTC 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 18, 2012 (77 FR 36292). The last notification was filed with the Department on October 21, 2020. A notice was published in the Federal Register pursuant to section 6(b) of the Act on November 19, 2020 (85 FR 73751). Suzanne Morris, Chief, Premerger and Division Statistics Antitrust Division. [FR Doc. 2021–01890 Filed 1–27–21; 8:45 am] DEPARTMENT OF JUSTICE BILLING CODE 4410–11–P BILLING CODE 4410–11–P Antitrust Division 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 January 14, 2021, 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, KOFLOC Corp., Kyoto, JAPAN; Carlo Gavazzi Ltd., Zejtun, MALTA; Acuity Brands, Inc., Conyers, GA; BBH Products GmbH, Weiden, GERMANY; Thermo Gamma-Metrics LLC, San Diego, CA; IDEM Safety Switches Ltd., Wigan, UNITED KINGDOM; Rexnord Industries, LLC, Milwaukee, WI; Caterpillar, Inc., Deerfield, IL; and AQ M–TECH AB, VerDate Sep<11>2014 17:16 Jan 27, 2021 Jkt 253001 Notice Pursuant to the National Cooperative Research and Production Act of 1993—Border Security Technology Consortium DEPARTMENT OF JUSTICE Notice is hereby given that, on January 12, 2021, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Border Security Technology Consortium (‘‘BSTC’’) 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, Carahsoft Technology Corporation, Reston, VA; JANTEQ Corporation, Irvine, CA; STRAX Intelligence Group, Boca Raton, FL; goTenna, Inc., Brooklyn, NY; International Electronic Machines Corporation, Troy, NY; CellAntenna Corp., Coral Springs, FL; and Shield AI Inc., San Diego, CA, have been added as parties to this venture. Also, Bruker Detection Corporation, Billerica, MA; Innovative Signal Importer of Controlled Substances Application: Indigenous Peyote Conservation Initiative PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 Drug Enforcement Administration [Docket No. DEA–767] Drug Enforcement Administration, Justice. ACTION: Notice of application. AGENCY: Indigenous Peyote Conservation Initiative has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTAL INFORMATION listed below for further drug information. DATES: Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before March 1, 2021. Such persons may also file a written request for a hearing on the application on or before March 1, 2021. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal SUMMARY: E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Notices]
[Pages 7415-7416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01895]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Subcutaneous Drug Development & Delivery 
Consortium, Inc.

    Notice is hereby given that, on January 08, 2021, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Subcutaneous Drug 
Development & Delivery Consortium, Inc. (``Subcutaneous Drug 
Development &

[[Page 7416]]

Delivery Consortium, 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, Sanofi, Paris, FRANCE, has been added 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 Subcutaneous Drug Development & 
Delivery Consortium, Inc. intends to file additional written 
notifications disclosing all changes in membership.
    On October 26, 2020, Subcutaneous Drug Development & Delivery 
Consortium, 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 December 3, 
2020 (85 FR 78148).

Suzanne Morris,
Chief, Premerger and Division Statistics Antitrust Division.
[FR Doc. 2021-01895 Filed 1-27-21; 8:45 am]
BILLING CODE 4410-11-P