80_FR_22627 80 FR 22550 - Notice Pursuant To The National Cooperative Research And Production Act Of 1993-Network Centric Operations Industry Consortium, Inc.

80 FR 22550 - Notice Pursuant To The National Cooperative Research And Production Act Of 1993-Network Centric Operations Industry Consortium, Inc.

DEPARTMENT OF JUSTICE
Antitrust Division

Federal Register Volume 80, Issue 77 (April 22, 2015)

Page Range22550-22550
FR Document2015-09322

Federal Register, Volume 80 Issue 77 (Wednesday, April 22, 2015) 
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Notices]
[Page 22550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09322]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant To The National Cooperative Research And 
Production Act Of 1993--Network Centric Operations Industry Consortium, 
Inc.

    Notice is hereby given that, on March 25, 2015, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), Network Centric Operations 
Industry Consortium, Inc. (``NCOIC'') 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, Harry Raduege (individual member), 
Arlington, VA; Tata Power SED, Andheri, Mumbai, INDIA; and Vikram 
Chauhan (individual member), Great Falls, VA, have been added as 
parties to this venture.
    In addition, NJVC, LLC, Vienna, VA, Saab AB, Ostersund, SWEDEN; and 
The MITRE Corporation, McLean, VA, have withdrawn as parties to this 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 NCOIC intends to file additional 
written notifications disclosing all changes in membership.
    On November 19, 2004, NCOIC 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 2, 2005 (70 FR 5486).
    The last notification was filed with the Department on January 27, 
2015. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on February 27, 2015 (80 FR 10716).

Patricia A. Brink,
Director of Civil Enforcement Antitrust Division.
[FR Doc. 2015-09322 Filed 4-21-15; 8:45 am]
 BILLING CODE 4410-11-P

22550 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices Trade Secret Nos. 1, 6, 14, and 15. The cranes and components thereof that (a) DEPARTMENT OF JUSTICE ALJ further found no violation of infringe one or more of claims 23–26 of section 337 with respect to claims 6, 10, the ’928 patent and are manufactured Antitrust Division and 11 of the ’928 patent, claim 1 of the by, or on behalf of, or are imported by ’158 patent, and Trade Secret Nos. 3 and or on behalf of the Respondents or any Notice Pursuant To The National 4. of their affiliated companies, parents, Cooperative Research And Production On July 28, 2014, OUII, Manitowoc, subsidiaries, agents, or other related Act Of 1993—Network Centric and Sany each filed a petition for business entities, or their successors or Operations Industry Consortium, Inc. review. On August 5, 2014, the parties assigns; and/or (b) are manufactured replied to the respective petitions for Notice is hereby given that, on March abroad by or on behalf of, or imported review. 25, 2015, pursuant to Section 6(a) of the On September 19, 2014, the by or on behalf of, Respondents or any National Cooperative Research and Commission determined to review the of their affiliated companies, parents, Production Act of 1993, 15 U.S.C. 4301 final ID and solicited briefing from the subsidiaries, or other related business et seq. (‘‘the Act’’), Network Centric parties on questions concerning entities, or their successors or assigns, Operations Industry Consortium, Inc. violation, remedy, bonding, and the using any of Trade Secret Nos. 1, 3, 4, (‘‘NCOIC’’) has filed written public interest. 79 Fed. Reg. 57566–68. 6, 14, and 15, for a period of ten (10) notifications simultaneously with the Specifically, the Commission years; and (2) a cease and desist order Attorney General and the Federal Trade determined to review the ALJ’s findings prohibiting the domestic respondent with respect to: (1) Importation of the Commission disclosing changes in its from conducting any of the following accused products; (2) infringement of membership. The notifications were activities in the United States: the asserted patents; (3) estoppel; (4) the filed for the purpose of extending the Importing, selling, marketing, technical prong of the domestic industry Act’s provisions limiting the recovery of advertising, distributing, transferring requirement; and (5) the asserted trade antitrust plaintiffs to actual damages (except for exportation), and soliciting secrets. The parties provided initial under specified circumstances. United States, agents or distributors for, submissions to the Commission’s Specifically, Harry Raduege (individual certain crawler cranes and components questions on October 1, 2014, and member), Arlington, VA; Tata Power therefore manufactured using any of responsive submissions on October 8, SED, Andheri, Mumbai, INDIA; and Trade Secret Nos. 1, 3, 4, 6, 14, and 15. 2014. Vikram Chauhan (individual member), On December 3, 2014, the The Commission has also determined Great Falls, VA, have been added as Commission determined to request that the public interest factors parties to this venture. additional briefing. Notice (December 3, enumerated in section 337(d) and (f) (19 In addition, NJVC, LLC, Vienna, VA, 2014). On December 12, 2014, the U.S.C. 1337(d) and (f)) do not preclude parties filed initial submissions in Saab AB, Ostersund, SWEDEN; and The issuance of the limited exclusion order response to the Commission’s notice MITRE Corporation, McLean, VA, have or a cease and desist order. Finally, the and filed response submissions on withdrawn as parties to this venture. Commission has determined that a bond December 19, 2014. during the period of presidential review No other changes have been made in After considering the final ID, written (19 U.S.C. 1337(j)) shall be in the either the membership or planned submissions, and the record in this amount of 100 percent (100%) of the activity of the group research project. investigation, the Commission has entered value of the imported articles Membership in this group research determined to affirm-in-part and project remains open, and NCOIC that are subject to the limited exclusion reverse-in-part the final ID and to intends to file additional written terminate the investigation with a order or cease and desist order. The Commission’s orders and opinion were notifications disclosing all changes in finding of violation of section 337. delivered to the President and to the membership. Specifically, the Commission: (1) Finds the asserted method claims of the ’928 United States Trade Representative on On November 19, 2004, NCOIC filed patent are not infringed; (2) finds the the day of their issuance. its original notification pursuant to asserted method claim of the ’158 patent The authority for the Commission’s Section 6(a) of the Act. The Department is not infringed; (3) finds that claims determination is contained in section of Justice published a notice in the 23–26 of the ’928 patent are infringed by 337 of the Tariff Act of 1930, as Federal Register pursuant to Section at least one product; (4) takes no amended (19 U.S.C. 1337), and in Part 6(b) of the Act on February 2, 2005 (70 position on the ALJ’s estoppel findings; 210 of the Commission’s Rules of FR 5486). (5) finds that the domestic industry Practice and Procedure (19 CFR part The last notification was filed with requirement has been met; and (6) finds 210). the Department on January 27, 2015. A Trade Secret Nos. 1, 3, 4, 6, 14, and 15 notice was published in the Federal are protectable and have been By order of the Commission. Issued: April 16, 2015. Register pursuant to Section 6(b) of the misappropriated. The Commission has Act on February 27, 2015 (80 FR 10716). issued its opinion setting forth the Lisa R. Barton, reasons for its determination. Secretary to the Commission. Patricia A. Brink, Commissioner Kieff concurs in the [FR Doc. 2015–09280 Filed 4–21–15; 8:45 am] Director of Civil Enforcement Antitrust outcome and has filed an opinion asabaliauskas on DSK5VPTVN1PROD with NOTICES BILLING CODE 7020–02–P Division. concurring in result and dissenting in [FR Doc. 2015–09322 Filed 4–21–15; 8:45 am] part. BILLING CODE 4410–11–P Having found a violation of section 337 in this investigation, the Commission has determined that the appropriate form of relief is: (1) A limited exclusion order prohibiting the unlicensed entry of certain crawler VerDate Sep<11>2014 18:00 Apr 21, 2015 Jkt 235001 PO 00000 Frm 00078 Fmt 4703 Sfmt 9990 E:\FR\FM\22APN1.SGM 22APN1


Document Created: 2015-12-16 08:27:58
Document Modified: 2015-12-16 08:27:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 22550 
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