Notice Pursuant to the National Cooperative Research and Production Act of 1993-MLCommons Association, 53003-53004 [2022-18685]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2382. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket system (‘‘EDIS’’) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted the underlying investigation on October 19, 2020, based on a complaint, as supplemented, filed by DivX, LLC (‘‘DivX’’) of San Diego, California. 85 FR 66355 (Oct. 19, 2020). The complaint alleges a violation of section 337 of the Tariff Act, as amended, 19 U.S.C. 1337 (‘‘Section 337’’), from the importation, sale for importation, or sale in the United States after importation of certain video processing devices, components thereof, and digital smart televisions containing the same by reason of infringement of one or more asserted claims of U.S. Patent Nos. 10,212,486 (‘‘the ’486 patent’’); 8,832,297; 10,412,141; and 10,484,749. Id. The complaint further alleges the existence of a domestic industry. Id. The Commission’s notice of investigation names the following respondents: Samsung Electronics Co., Ltd. of Gyeonggi-do, Korea; Samsung Electronics America, Inc. of Ridgefield Park, New Jersey; Samsung Electronics HCMC CE Complex Co., Ltd. of Ho Chi Minh City, Vietnam (collectively, ‘‘Samsung’’); LG Electronics Inc. of Seoul, Korea; LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey (collectively ‘‘LG’’); MediaTek, Inc. of Hsinchu City, Taiwan; MediaTek USA Inc. of San Jose, California; MStar Semiconductor, Inc. of Hsinchu Hsien, Taiwan (collectively, ‘‘MediaTek’’); Realtek Semiconductor Corp. of Hsinchu, Taiwan (‘‘Realtek’’); TCL Corporation of Huizhou, Guangdong, China; TCL Technology Corporation of Huizhoug, Guangdong, China; TCL Electronics Holdings Ltd. of Shenzhen, Guangdong, China; TTE Technology, Inc. of Corona, California; Shenzhen TCL New Technologies Co. of Shenzhen, Guangdong, China; TCL King Electrical Appliances (Huizhou) Co. Ltd. of Huizhou, Guangdong, China; TCL MOKA International Ltd. of Sha Tin, VerDate Sep<11>2014 17:24 Aug 29, 2022 Jkt 256001 New Territories, Hong Kong; and TCL Smart Device (Vietnam) Co., Ltd. of Bac Tan Uyen District, Binh Duong Province, Vietnam (collectively, ‘‘TCL’’). Id. at 66356. The Office of Unfair Import Investigations was not named as a party to this investigation. Id. The Commission partially terminated the investigation with respect to certain patents and patent claims withdrawn by DivX. Order No. 25 (Jan. 15, 2021), unreviewed by Comm’n Notice (Feb. 1, 2021); Order No. 34 (Feb. 19, 2021), unreviewed by Comm’n Notice (March 15, 2021); Order No. 49 (April 21, 2021), unreviewed by Comm’n Notice (May 10, 2021); Order No. 65 (June 28, 2021), unreviewed by Comm’n Notice (July 28, 2021). The Commission also partially terminated the investigation with respect to certain respondents due to settlement. Order No. 37 (terminating MediaTek), unreviewed by Comm’n Notice (March 12, 2021); Order No. 69 (Aug. 12, 2021) (terminating LG, Samsung), unreviewed by Comm’n Notice (Sept. 15, 2021). On February 8, 2021, DivX served its initial infringement contentions, which included allegations that RealTek infringed the asserted ’486 patent. On March 12, 2021, the presiding administrative law judge (‘‘ALJ’’) issued a Markman order construing the disputed claim terms of the asserted patents. Order No. 40 (March 12, 2021). On July 6, 2021, DivX filed an unopposed motion to terminate the investigation with respect to RealTek due to withdrawal of the complaint. The presiding ALJ orally granted DivX’s motion and instructed RealTek not to participate in the evidentiary hearing. The evidentiary hearing was held from July 8–15, 2021. On August 4, 2022, the Commission determined not to review an initial determination (Order No. 67) terminating RealTek from the investigation due to withdrawal of the complaint. Order No. 67 (July 16, 2021), unreviewed by Comm’n Notice (Aug. 4, 2021). On October 4, 2021, former respondent RealTek filed a motion for sanctions against DivX, pursuant to Commission Rules 210.4 and 210.25(b) (19 CFR 210.4, 210.25(b)), for alleging misleading the ALJ and making misrepresentations regarding its infringement contentions. On October 14, 2021, DivX filed its opposition to RealTek’s motion. On April 19, 2022, DivX and TCL, the last remaining respondent, jointly moved to terminate the investigation based on a settlement agreement. On May 24, 2022, the Commission determined not to review an initial PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 53003 determination (Order No. 76) granting the joint termination motion. Order No. 76 (April 22, 2022), unreviewed by 87 FR 32184–85 (May 27, 2022). On April 22, 2022, the ALJ issued an order denying RealTek’s sanctions motion. Order No. 75 (April 22, 2022). In its May 24, 2022, notice terminating the investigation, the Commission set a briefing schedule for petitions for review of Order No. 75, pursuant to Commission Rule 210.25(d) (19 CFR 210.25(d)). 87 FR at 32185. On June 1, 2022, RealTek filed a petition for review of Order No. 75, pursuant to the Commission’s schedule. On June 8, 2022, DivX filed its opposition to RealTek’s petition. On June 16, 2022, DivX filed a motion for sanctions against RealTek stemming for its filing of its petition for review of Order No. 75. On June 27, 2022, RealTek filed its opposition to DivX’s motion for sanctions. Upon consideration of Order No. 75, the parties’ submissions, and the evidence of record, the Commission has determined not to review Order No. 75. The sanctions proceeding (Sanctions Proceeding I) is hereby terminated. Upon consideration of DivX’s motion for sanctions, RealTek’s opposition thereto, and the evidence of record, the Commission has also determined to deny DivX’s motion for sanctions. The sanctions proceeding (Sanctions Proceeding II) is hereby terminated. The Commission voted to approve this determination on August 24, 2022. The authority for the Commission’s determinations 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). Issued: August 24, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–18606 Filed 8–29–22; 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—MLCommons Association Notice is hereby given that, on July 25, 2022, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), MLCommons Association (‘‘MLCommons’’) filed written notifications simultaneously with the Attorney General and the E:\FR\FM\30AUN1.SGM 30AUN1 53004 Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Notices 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, Tetra, Seattle, WA; Sapeon, Inc., Santa Clara, CA; Aimin Justin Sang (individual), Santa Clara, CA; Yuhuan Xie (individual), Sunnyvale, CA; Operartis LLC, Astoria, NY; and Victor Bittorf (individual), Mountain View, CA have joined as parties to this venture. Also, Xilinx, San Jose, CA; and Deep AI Technologies, Caesarea, ISRAEL have withdrawn as parties from 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 MLCommons intends to file additional written notifications disclosing all changes in membership. On September 15, 2020, MLCommons 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 29, 2020 (85 FR 61032). The last notification was filed with the Department on May 10, 2022. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on June 13, 2022 (87 FR 35793). Suzanne Morris, Chief, Premerger and Division Statistics, Antitrust Division. [FR Doc. 2022–18685 Filed 8–29–22; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE Antitrust Division khammond on DSKJM1Z7X2PROD with NOTICES Notice Pursuant to the National Cooperative Research and Production Act of 1993—Telemanagement Forum Notice is hereby given that, on August 1, 2022, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), TM Forum, A New Jersey Non-Profit Corporation (‘‘The Forum’’) 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, the following entities have become members of the Forum: VerDate Sep<11>2014 17:24 Aug 29, 2022 Jkt 256001 ONEiO, Helsinki, FINLAND; UBiqube, Dublin, IRELAND; AOE GmbH, Wiesbaden, GERMANY; Yupiik, Montpellier, FRANCE; Liberty Networks Germany GmbH, Ko¨ln, GERMANY; TDC NET A/S, K<benhavn, DENMARK; Oxio, Que´bec, CANADA; Delta Partners FZ LLC, Dubai, UNITED ARAB EMIRATES; Liberty Latin America, Denver, CO; EXFO Inc, Que´bec, CANADA; VSE NET GmbH, Saarbru¨cken, GERMANY; Gomibo Group, Groningen, NETHERLANDS; Workato Europe SA, Barcelona, SPAIN; Arrcus Inc., San Jose, CA; PrologMobile, Louisville, CO; Shaanxi Normal University, Xi’an, PEOPLE’S REPUBLIC OF CHINA; Nanjing University, Nanjing, PEOPLE’S REPUBLIC OF CHINA; Nanjing Howso Technology Co., LTD, Nanjing, PEOPLE’S REPUBLIC OF CHINA; Beijing Tianyuan DIC Information Technology Co. Ltd., Beijing, PEOPLE’S REPUBLIC OF CHINA; Shanghai Fudata Technology Co. Ltd, Shanghai, PEOPLE’S REPUBLIC OF CHINA; Beijing Baidu Netcom Science Technology Co., Ltd., Beijing, PEOPLE’S REPUBLIC OF CHINA; Beijing Ultrapower Software Co., Ltd., Beijing, PEOPLE’S REPUBLIC OF CHINA; Business-intelligence of Oriental Nations Corporation Ltd., Beijing, PEOPLE’S REPUBLIC OF CHINA; Telekom Slovenije, Ljubljana, SLOVENIA; Gn0man, Glen Ellyn, IL; InCyan Ltd, Bath, UNITED KINGDOM; Separate Reality Ltd, Newcastle Upon Tyne, UNITED KINGDOM; Tu¨rkiye’nin Otomobili Girisim Grubu Sanayi ve Ticaret Anonim Sirketi, Kocaeli, TURKEY; MTN South Africa, Randburg, SOUTH AFRICA; Chorus New Zealand Limited, Wellington, NEW ZEALAND; Persistent Systems Ltd, Pune, INDIA; Mascom Wireless, Gabarone, BOTSWANA. Also, the following members have changed their names: MetroNet, Metronet, Evansville, IN; Beyond by BearingPoint, Beyond Now, Graz, AUSTRIA; Ikanotis Partners Ltd, Datapply.ai, Nicosia, CYPRUS; Hydro One Telecom, Acronym Solutions Inc., Etobicoke, CANADA. In addition, the following parties have withdrawn as parties to this venture: Asiainfo International (H.K.) Limited, HONG KONG-CHINA; Bulb Technologies Ltd., Zagreb, CROATIA; B–YOND, Frisco, TX; Claro Chile, Santiago, CHILE; Confluent Europe, London, UNITED KINGDOM; ETI Software Solutions, Norcross, GA; Eureka.ai, Bellevue, WA; Federos, Frisco, TX; HITSS SOLUTIONS, S.A. DE C.V., Col. Miguel Hidalgo, MEXICO; Network Operations and Management Lab, Institute for Network Sciences and PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Cyberspace, Tsinghua University, Beijing, PEOPLE’S REPUBLIC OF CHINA; Neural Technologies, Petersfield, UNITED KINGDOM; NewAgent Business Consulting and Solutions, Jaragua´ do Sul, BRAZIL; r3., London, UNITED KINGDOM; Simeon Cloud, San Jose, CA; Srivari Incorporated DBA Viswambara Software Systems, Bellevue, WA; Tarifflex Telecom AB, Stockholm, SWEDEN; Telecom Bretagne, School of Institute Mines-Telecom, Brest Cedex 3, FRANCE; The Cure Parkinsons Trust, London, UNITED KINGDOM; Thibera Consulting GmbH, Ingbert, GERMANY; University College Cork, Cork, IRELAND; University of Applied Sciences Konstanz, Konstanz, GERMANY; Waterford Institute of Technology, Waterford, IRELAND. 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 TM Forum intends to file additional written notifications disclosing all changes in membership. On October 21, 1988, TM Forum 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 8, 1988 (53 FR 49615). The last notification was filed with the Department on April 22, 2022. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on May 31, 2022 (87 FR 32460). Suzanne Morris, Chief, Premerger and Division Statistics, Antitrust Division. [FR Doc. 2022–18651 Filed 8–29–22; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Z-Wave Alliance, Inc. Notice is hereby given that, on June 20, 2022, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (the ‘‘Act’’), Z-Wave Alliance, Inc. (the ‘‘Joint Venture’’) 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 E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 53003-53004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18685]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--MLCommons Association

    Notice is hereby given that, on July 25, 2022, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), MLCommons Association 
(``MLCommons'') filed written notifications simultaneously with the 
Attorney General and the

[[Page 53004]]

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, Tetra, Seattle, 
WA; Sapeon, Inc., Santa Clara, CA; Aimin Justin Sang (individual), 
Santa Clara, CA; Yuhuan Xie (individual), Sunnyvale, CA; Operartis LLC, 
Astoria, NY; and Victor Bittorf (individual), Mountain View, CA have 
joined as parties to this venture.
    Also, Xilinx, San Jose, CA; and Deep AI Technologies, Caesarea, 
ISRAEL have withdrawn as parties from 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 MLCommons intends to file additional 
written notifications disclosing all changes in membership.
    On September 15, 2020, MLCommons 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 29, 2020 (85 FR 61032).
    The last notification was filed with the Department on May 10, 
2022. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on June 13, 2022 (87 FR 35793).

Suzanne Morris,
Chief, Premerger and Division Statistics, Antitrust Division.
[FR Doc. 2022-18685 Filed 8-29-22; 8:45 am]
BILLING CODE 4410-11-P

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