81_FR_37322 81 FR 37211 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-fd.io Project, Inc.

81 FR 37211 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-fd.io Project, Inc.

DEPARTMENT OF JUSTICE
Antitrust Division

Federal Register Volume 81, Issue 111 (June 9, 2016)

Page Range37211-37212
FR Document2016-13629

Federal Register, Volume 81 Issue 111 (Thursday, June 9, 2016)
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Notices]
[Pages 37211-37212]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13629]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--fd.io Project, Inc.

    Notice is hereby given that, on May 4, 2016, pursuant to section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), fd.io Project, Inc. (``fd.io'') 
has filed written notifications simultaneously with the Attorney 
General and the Federal Trade Commission disclosing (1) the identities 
of the parties to the venture and (2) the nature and objectives of the 
venture. The notifications were filed for the purpose of invoking the 
Act's provisions limiting the recovery of antitrust plaintiffs to 
actual damages under specified circumstances.
    Pursuant to section 6(b) of the Act, the identities of the parties 
to the venture are: Intel Corporation, Hillsboro, OR; Brocade 
Communications Systems, Inc., San Jose, CA; Inocybe Technologies Inc., 
Gatineau, Quebec City, CANADA; Huawei Technologies Co., Ltd., Bantian,

[[Page 37212]]

Longgang District, Shenzhen, PEOPLE'S REPUBLIC OF CHINA; Cisco Systems, 
Inc., Milpitas, CA; PLUMgrid, Inc., Sunnyvale, CA; NXP Semiconductor 
Inc. (Freescale), Austin, TX; Mesosphere Inc., San Francisco, CA; 
Metaswitch Networks, San Francisco, CA; Cavium Networks, Inc., San 
Jose, CA; Ericsson, Kista, SWEDEN; Comcast, Philadelphia, PA; Red Hat, 
Inc., Raleigh, NC; and 6 WIND, Montigny-le-Bretonneux, FRANCE.
    The general area of fd.io's planned activity are to: (a) Drive the 
evolution of IO services (IO, processing, and management agents for 
networking, storage, and other types of IO) through a neutral community 
delivering open source software that supports deployment models 
including cloud, NFV, container, bare metal networking, storage, and 
other types of IO, in order to create a high performance, modular, and 
extensible open source platform fostering innovation in IO services 
(``the Platform''); (b) host a collection of projects that form a 
cohesive code base for open community based development, enhanced 
component compatibility and interoperability, greater choice and 
flexibility for data plane developers, and an open environment for IO 
services development and technology adoption; (c) support and maintain 
the strategic framework of the Platform through the technologies made 
available by the organization to make the Platform a success; (d) 
support and maintain policies set by the Board of Directors of the 
Joint Venture; (e) promote such Platform worldwide; (f) create and 
maintain programs regarding the use of Joint Venture trademarks; and 
(g) undertake such other activities as may from time to time be 
appropriate to further the purposes and achieve the goals set forth 
above.

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2016-13629 Filed 6-8-16; 8:45 am]
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                                                                               Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices                                                  37211

                                                § 1337, on behalf of Immersion                             (1) Pursuant to subsection (b) of                   Commission’s Rules of Practice and
                                                Corporation of San Jose, California.                    section 337 of the Tariff Act of 1930, as              Procedure, 19 CFR § 210.13. Pursuant to
                                                Supplements to the complaint were                       amended, an investigation be instituted                19 CFR §§ 201.16(e) and 210.13(a), such
                                                filed on May 9, May 16, and May 24,                     to determine whether there is a                        responses will be considered by the
                                                2016. The complaint, as supplemented,                   violation of subsection (a)(1)(B) of                   Commission if received not later than 20
                                                alleges violations of section 337 based                 section 337 in the importation into the                days after the date of service by the
                                                upon the importation into the United                    United States, the sale for importation,               Commission of the complaint and the
                                                States, the sale for importation, and the               or the sale within the United States after             notice of investigation. Extensions of
                                                sale within the United States after                     importation of certain mobile and                      time for submitting responses to the
                                                importation of certain mobile and                       portable electronic devices                            complaint and the notice of
                                                portable electronic devices                             incorporating haptics (including                       investigation will not be granted unless
                                                incorporating haptics (including                        smartphones and laptops) and                           good cause therefor is shown.
                                                smartphones and laptops) and                            components thereof by reason of                           Failure of a respondent to file a timely
                                                components thereof by reason of                         infringement of one or more of claims                  response to each allegation in the
                                                infringement of certain claims of U.S.                  1–5, 9–12, and 14–17 of the ’507 patent;               complaint and in this notice may be
                                                Patent No. 8,749,507 (‘‘the ’507 patent’’);             claims 1, 2, 9, 10, 17, 18, 25–27, and 29              deemed to constitute a waiver of the
                                                U.S. Patent No. 7,808,488 (‘‘the ’488                   of the ’488 patent; claims 1 and 2 of the              right to appear and contest the
                                                patent’’); U.S. Patent No. 7,336,260 (‘‘the             ’260 patent; and claims 1, 7–10, and 12                allegations of the complaint and this
                                                ’260 patent’’); and U.S. Patent No.                     of the ’710 patent, and whether an                     notice, and to authorize the
                                                8,581,710 (‘‘the ’710 patent’’). The                    industry in the United States exists as                administrative law judge and the
                                                complaint further alleges that an                       required by subsection (a)(2) of section               Commission, without further notice to
                                                industry in the United States exists as                 337;                                                   the respondent, to find the facts to be as
                                                required by subsection (a)(2) of section                   (2) Pursuant to Commission Rule                     alleged in the complaint and this notice
                                                337.                                                    210.50(b)(1), 19 CFR § 210.50(b)(1), the               and to enter an initial determination
                                                   The complainant requests that the                    presiding administrative law judge shall               and a final determination containing
                                                Commission institute an investigation                   take evidence or other information and                 such findings, and may result in the
                                                and, after the investigation, issue a                   hear arguments from the parties and                    issuance of an exclusion order or a cease
                                                limited exclusion order and cease and                   other interested persons with respect to               and desist order or both directed against
                                                desist orders.                                          the public interest in this investigation,             the respondent.
                                                                                                        as appropriate, and provide the                          By order of the Commission.
                                                ADDRESSES:   The complaint, except for
                                                                                                        Commission with findings of fact and a                   Issued: June 6, 2016.
                                                any confidential information contained
                                                                                                        recommended determination on this
                                                therein, is available for inspection                                                                           Lisa R. Barton,
                                                                                                        issue, which shall be limited to the
                                                during official business hours (8:45 a.m.                                                                      Secretary to the Commission.
                                                                                                        statutory public interest factors set forth
                                                to 5:15 p.m.) in the Office of the
                                                                                                        in 19 U.S.C. §§ 1337(d)(1), (f)(1), (g)(1);            [FR Doc. 2016–13671 Filed 6–8–16; 8:45 am]
                                                Secretary, U.S. International Trade                        (3) For the purpose of the                          BILLING CODE 7020–02–P
                                                Commission, 500 E Street SW., Room                      investigation so instituted, the following
                                                112, Washington, DC 20436, telephone                    are hereby named as parties upon which
                                                (202) 205–2000. Hearing impaired                        this notice of investigation shall be
                                                individuals are advised that information                                                                       DEPARTMENT OF JUSTICE
                                                                                                        served:
                                                on this matter can be obtained by                          (a) The complainant is: Immersion                   Antitrust Division
                                                contacting the Commission’s TDD                         Corporation, 50 Rio Robles, San Jose,
                                                terminal on (202) 205–1810. Persons                     CA 95134.                                              Notice Pursuant to the National
                                                with mobility impairments who will                         (b) The respondents are the following               Cooperative Research and Production
                                                need special assistance in gaining access               entities alleged to be in violation of                 Act of 1993—fd.io Project, Inc.
                                                to the Commission should contact the                    section 337, and are the parties upon
                                                Office of the Secretary at (202) 205–                                                                             Notice is hereby given that, on May 4,
                                                                                                        which the complaint is to be served:                   2016, pursuant to section 6(a) of the
                                                2000. General information concerning
                                                the Commission may also be obtained                     Apple Inc., 1 Infinite Loop, Cupertino,                National Cooperative Research and
                                                by accessing its internet server at http://                CA 95014                                            Production Act of 1993, 15 U.S.C. 4301
                                                www.usitc.gov. The public record for                    AT&T Mobility LLC, 1025 Lenox Park                     et seq. (‘‘the Act’’), fd.io Project, Inc.
                                                this investigation may be viewed on the                    Boulevard NE., Atlanta, GA 30319.                   (‘‘fd.io’’) has filed written notifications
                                                Commission’s electronic docket (EDIS)                      (c) The Office of Unfair Import                     simultaneously with the Attorney
                                                at http://edis.usitc.gov.                               Investigations, U.S. International Trade               General and the Federal Trade
                                                                                                        Commission, 500 E Street SW., Suite                    Commission disclosing (1) the identities
                                                FOR FURTHER INFORMATION CONTACT:     The                                                                       of the parties to the venture and (2) the
                                                                                                        401, Washington, DC 20436; and
                                                Office of Unfair Import Investigations,                    (4) For the investigation so instituted,            nature and objectives of the venture.
                                                U.S. International Trade Commission,                    the Chief Administrative Law Judge,                    The notifications were filed for the
                                                telephone (202) 205–2560.                               U.S. International Trade Commission,                   purpose of invoking the Act’s provisions
                                                  Authority: The authority for institution of           shall designate the presiding                          limiting the recovery of antitrust
                                                this investigation is contained in section 337          Administrative Law Judge.                              plaintiffs to actual damages under
                                                of the Tariff Act of 1930, as amended, and                 The Chief Administrative Law Judge                  specified circumstances.
sradovich on DSK3TPTVN1PROD with NOTICES




                                                in section 210.10 of the Commission’s Rules             is authorized to consolidate Inv. No.                     Pursuant to section 6(b) of the Act, the
                                                of Practice and Procedure, 19 CFR § 210.10
                                                                                                        337–TA–990 and this investigation if he                identities of the parties to the venture
                                                (2016).
                                                                                                        deems it appropriate.                                  are: Intel Corporation, Hillsboro, OR;
                                                  Scope of Investigation: Having                           Responses to the complaint and the                  Brocade Communications Systems, Inc.,
                                                considered the complaint, the U.S.                      notice of investigation must be                        San Jose, CA; Inocybe Technologies Inc.,
                                                International Trade Commission, on                      submitted by the named respondents in                  Gatineau, Quebec City, CANADA;
                                                June 3, 2016, ordered that—                             accordance with section 210.13 of the                  Huawei Technologies Co., Ltd., Bantian,


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                                                37212                          Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Notices

                                                Longgang District, Shenzhen, PEOPLE’S                   National Cooperative Research and                      under specified circumstances.
                                                REPUBLIC OF CHINA; Cisco Systems,                       Production Act of 1993, 15 U.S.C. 4301                 Specifically, Microsoft Corporation,
                                                Inc., Milpitas, CA; PLUMgrid, Inc.,                     et seq. (‘‘the Act’’), Southwest Research              Redmond, WA; Tongfang Global, Ltd.
                                                Sunnyvale, CA; NXP Semiconductor                        Institute—Cooperative Research Group                   (Seiki), Diamond Bar, CA; Arcelik AS
                                                Inc. (Freescale), Austin, TX; Mesosphere                on Development and Validation of                       Electronics Plant, Istanbul, TURKEY;
                                                Inc., San Francisco, CA; Metaswitch                     FlawPRO for Assessing Defect Tolerance                 Dell Inc., Round Rock, TX; and
                                                Networks, San Francisco, CA; Cavium                     of Welded Pipes Under Generalized                      Paramount Pictures Corporation,
                                                Networks, Inc., San Jose, CA; Ericsson,                 High Strain Conditions (‘‘FlawPRO–                     Hollywood, CA, have been added as
                                                Kista, SWEDEN; Comcast, Philadelphia,                   JIP’’) has filed written notifications                 parties to this venture.
                                                PA; Red Hat, Inc., Raleigh, NC; and 6                   simultaneously with the Attorney                          No other changes have been made in
                                                WIND, Montigny-le-Bretonneux,                           General and the Federal Trade                          either the membership or planned
                                                FRANCE.                                                 Commission disclosing changes in its                   activity of the group research project.
                                                   The general area of fd.io’s planned                  membership. The notifications were                     Membership in this group research
                                                activity are to: (a) Drive the evolution of             filed for the purpose of extending the                 project remains open, and UHD Alliance
                                                IO services (IO, processing, and                        Act’s provisions limiting the recovery of              intends to file additional written
                                                management agents for networking,                       antitrust plaintiffs to actual damages                 notifications disclosing all changes in
                                                storage, and other types of IO) through                 under specified circumstances.                         membership.
                                                a neutral community delivering open                     Specifically, ConocoPhillips Company,                     On June 17, 2015, UHD Alliance filed
                                                source software that supports                           Houston, TX, has withdrawn as a party                  its original notification pursuant to
                                                deployment models including cloud,                      to this venture.                                       section 6(a) of the Act. The Department
                                                NFV, container, bare metal networking,                     No other changes have been made in                  of Justice published a notice in the
                                                storage, and other types of IO, in order                either the membership or planned                       Federal Register pursuant to section
                                                to create a high performance, modular,                  activity of the group research project.                6(b) of the Act on July 17, 2015 (80 FR
                                                and extensible open source platform                     Membership in this group research                      42537).
                                                fostering innovation in IO services (‘‘the              project remains open, and FlawPRO–JIP                     The last notification was filed with
                                                Platform’’); (b) host a collection of                   intends to file additional written                     the Department on February 12, 2016. A
                                                projects that form a cohesive code base                 notifications disclosing all changes in                notice was published in the Federal
                                                for open community based                                membership.                                            Register pursuant to section 6(b) of the
                                                development, enhanced component                            On May 17, 2011, FlawPRO–JIP filed                  Act on March 17, 2016 (81 FR 14485).
                                                compatibility and interoperability,                     its original notification pursuant to                  Patricia A. Brink,
                                                greater choice and flexibility for data                 section 6(a) of the Act. The Department
                                                                                                                                                               Director of Civil Enforcement, Antitrust
                                                plane developers, and an open                           of Justice published a notice in the                   Division.
                                                environment for IO services                             Federal Register pursuant to section
                                                                                                                                                               [FR Doc. 2016–13632 Filed 6–8–16; 8:45 am]
                                                development and technology adoption;                    6(b) of the Act on July 7, 2011 (76 FR
                                                                                                                                                               BILLING CODE P
                                                (c) support and maintain the strategic                  39901).
                                                framework of the Platform through the                      The last notification was filed with
                                                technologies made available by the                      the Department on November 2, 2012. A
                                                                                                                                                               DEPARTMENT OF JUSTICE
                                                organization to make the Platform a                     notice was published in the Federal
                                                success; (d) support and maintain                       Register pursuant to section 6(b) of the               Antitrust Division
                                                policies set by the Board of Directors of               Act on December 11, 2012 (77 FR
                                                the Joint Venture; (e) promote such                     73676).                                                Notice Pursuant to the National
                                                Platform worldwide; (f) create and                                                                             Cooperative Research and Production
                                                                                                        Patricia A. Brink,
                                                maintain programs regarding the use of                                                                         Act of 1993—Silicon Integration
                                                                                                        Director of Civil Enforcement, Antitrust
                                                Joint Venture trademarks; and (g)                                                                              Initiative, Inc.
                                                                                                        Division.
                                                undertake such other activities as may
                                                                                                        [FR Doc. 2016–13633 Filed 6–8–16; 8:45 am]                Notice is hereby given that, on May 9,
                                                from time to time be appropriate to
                                                                                                        BILLING CODE P                                         2016, pursuant to section 6(a) of the
                                                further the purposes and achieve the
                                                                                                                                                               National Cooperative Research and
                                                goals set forth above.
                                                                                                                                                               Production Act of 1993, 15 U.S.C. 4301
                                                Patricia A. Brink,                                      DEPARTMENT OF JUSTICE                                  et seq. (‘‘the Act’’), Silicon Integration
                                                Director of Civil Enforcement, Antitrust                                                                       Initiative, Inc. (‘‘Si2’’) has filed written
                                                Division.                                               Antitrust Division                                     notifications simultaneously with the
                                                [FR Doc. 2016–13629 Filed 6–8–16; 8:45 am]                                                                     Attorney General and the Federal Trade
                                                                                                        Notice Pursuant to the National
                                                BILLING CODE P                                                                                                 Commission disclosing changes in its
                                                                                                        Cooperative Research and Production
                                                                                                                                                               membership. The notifications were
                                                                                                        Act of 1993—UHD Alliance, Inc.
                                                                                                                                                               filed for the purpose of extending the
                                                DEPARTMENT OF JUSTICE                                      Notice is hereby given that, on May                 Act’s provisions limiting the recovery of
                                                                                                        11, 2016, pursuant to section 6(a) of the              antitrust plaintiffs to actual damages
                                                Antitrust Division                                      National Cooperative Research and                      under specified circumstances.
                                                                                                        Production Act of 1993, 15 U.S.C. 4301                 Specifically, MIE Fujitsu
                                                Notice Pursuant to the National
                                                                                                        et seq. (‘‘the Act’’), UHD Alliance, Inc.              Semiconductor, Limited, Yokohama
                                                Cooperative Research and Production
                                                                                                        (‘‘UHD Alliance’’) filed written                       City, JAPAN; IC Manage, Inc., Campbell,
sradovich on DSK3TPTVN1PROD with NOTICES




                                                Act of 1993—Cooperative Research
                                                                                                        notifications simultaneously with the                  CA; SA Magillem Design Services, Paris,
                                                Group on Development and Validation
                                                                                                        Attorney General and the Federal Trade                 FRANCE; Minalogic, Grenoble,
                                                of FlawPRO for Assessing Defect
                                                                                                        Commission disclosing changes in its                   FRANCE; Ricoh Electronic Devices
                                                Tolerance of Welded Pipes Under
                                                                                                        membership. The notifications were                     Company, Limited, Osaka, JAPAN;
                                                Generalized High Strain Conditions
                                                                                                        filed for the purpose of extending the                 Thermo Fisher Scientific, Guilford, CT;
                                                  Notice is hereby given that, on April                 Act’s provisions limiting the recovery of              and Broadcom, Ltd., San Jose, CA, have
                                                27, 2016, pursuant to section 6(a) of the               antitrust plaintiffs to actual damages                 been added as parties to this venture.


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Document Created: 2018-02-08 07:34:04
Document Modified: 2018-02-08 07:34:04
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 Citation81 FR 37211 

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