81_FR_74687 81 FR 74480 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Advanced Media Workflow Association, Inc.

81 FR 74480 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Advanced Media Workflow Association, Inc.

DEPARTMENT OF JUSTICE
Antitrust Division

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range74480-74481
FR Document2016-25915

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016) 
[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74480-74481]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25915]


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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Advanced Media Workflow Association, Inc.

    Notice is hereby given that, on September 21, 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''), Advanced Media Workflow 
Association, 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, NHK (Japan Broadcasting Corporation), Tokyo, Japan; 
STORDIS GmbH, Stuttgart, Germany; The Telos Alliance, Cleveland, OH; 
and Mark Franken (individual member), Winston Hills, Australia, have 
been added as parties to this venture.
    Also, Encompass Digital Media, Stanford, CT; Malooba, Launceston, 
United Kingdom; Tektronix, Beaverton, OR; and Yangaroo, Inc., Toronto, 
Ontario, Canada, have withdrawn as parties to this venture.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 Advanced Media Workflow Association, 
Inc. intends to file additional written notifications disclosing all 
changes in membership.
    On March 28, 2000, Advanced Media Workflow Association, 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 June 29, 2000 (65 FR 40127).
    The last notification was filed with the Department on June 22, 
2016. A notice was published in the Federal

[[Page 74481]]

Register pursuant to Section 6(b) of the Act on July 25, 2016 (81 FR 
48449).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2016-25915 Filed 10-25-16; 8:45 am]
BILLING CODE P

74480 Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices ID, and on review to affirm the ID with withdrawn trade secrets were amended (19 U.S.C. 1337), and in Part certain modifications. See Comm’n misappropriated. Id. at 20, 23–24. The 210 of the Commission’s Rules of Notice affirming the ID with ALJ stated that ‘‘[p]arties are free to Practice and Procedure (19 CFR part modification (Apr. 4, 2016). waive arguments’’ and that Fitbit failed 210). On March 11, 2016, the ALJ granted to provide ‘‘any support for the By order of the Commission. Jawbone’s unopposed motion to proposition that arguments that have Issued: October 20, 2016. terminate the investigation as to the been waived and abandoned should be remaining claims of the ’811 patent. See Lisa R. Barton, considered on their merits.’’ Id. The ALJ Order No. 42. The Commission also granted Jawbone’s June 30, 2016 Secretary to the Commission. determined not to review the ID. See motion to strike Section V.A. of Fitbit’s [FR Doc. 2016–25829 Filed 10–25–16; 8:45 am] Comm’n Notice of Non-review (Apr. 4, post-hearing reply brief for improperly BILLING CODE 7020–02–P 2016). raising a new argument based on news On April 27, 2016, the ALJ granted articles that are not in the record of the Fitbit’s motion for summary investigation. Id. at 25. No party DEPARTMENT OF JUSTICE determination that the asserted claims petitioned for review of the ALJ’s of the ’413 and ’707 patents (the two determinations as to these motions. Antitrust Division patents remaining in the investigation), On August 23, 2016, the ALJ issued are directed to ineligible subject matter her final ID finding no violation of Notice Pursuant to the National under 35 U.S.C. 101. See Order No. 54. section 337 by Respondents in Cooperative Research and Production The Commission determined not to connection with the alleged trade Act of 1993—Advanced Media review the ID. See Comm’n Notice of secrets misappropriation. Specifically, Workflow Association, Inc. Non-review (Jun. 2, 2016). Thus, all the the ALJ found that the Commission has patent infringement allegations were Notice is hereby given that, on subject matter jurisdiction, in rem terminated from the investigation. Only September 21, 2016, pursuant to Section jurisdiction over the accused products, the allegations of trade secret 6(a) of the National Cooperative and in personam jurisdiction over misappropriation remain at issue in the Research and Production Act of 1993, Respondents. ID at 15–16. The ALJ investigation. 15 U.S.C. 4301 et seq. (‘‘the Act’’), further found that Jawbone satisfied the The ALJ held an evidentiary hearing Advanced Media Workflow Association, importation requirement of section 337, from May 9, 2016 through May 17, 2016, noting that Respondents have stipulated Inc. has filed written notifications and thereafter received post-hearing that the accused products have been simultaneously with the Attorney briefing from the parties. During imported into the United States. Id. at General and the Federal Trade discovery, Jawbone identified 154 trade 16. The ALJ, however, found that Commission disclosing changes in its secrets allegedly misappropriated by Jawbone failed to show that the alleged membership. The notifications were Respondents (Trade Secret Nos. 1–144, trade secrets constitute actual trade filed for the purpose of extending the including Nos. 1.A–1.G, 92–A, 139–A, secrets, and that Respondents did not Act’s provisions limiting the recovery of and 141–A.). ID at 3. Yet at the hearing, misappropriate any of Jawbone’s alleged antitrust plaintiffs to actual damages Jawbone presented evidence and trade secrets. ID at 28, 38, 45–46. under specified circumstances. argument on only 38 of the alleged trade Finally, the ALJ found that Jawbone Specifically, NHK (Japan Broadcasting secrets (Trade Secret Nos. 1, 1A–G, 2– failed to prove a threat of substantial Corporation), Tokyo, Japan; STORDIS 4, 12–14, 17, 18, 33, 52, 53, 55, 58, 91, injury to a domestic industry as GmbH, Stuttgart, Germany; The Telos 92, 92–A, 93–102, 128, 129, 141, 141– required by 19 U.S.C. 1337(a)(1)(A)(i). Alliance, Cleveland, OH; and Mark A). Jawbone’s post-hearing briefs See ID at 79–80. In that regard, the ALJ Franken (individual member), Winston addressed only five of the alleged trade referenced her finding of no Hills, Australia, have been added as secrets (Trade Secret Nos. 92, 92–A, 98, misappropriation of trade secrets and parties to this venture. 128, and 129). Specifically, Jawbone added that ‘‘even if Jawbone had proven Also, Encompass Digital Media, argued that Fitbit misappropriated misappropriation of the five asserted Stanford, CT; Malooba, Launceston, alleged Trade Secret Nos. 98 and 128, trade secrets, there is no way to decide United Kingdom; Tektronix, Beaverton, and Flextronics misappropriated alleged on this record what specific injury is OR; and Yangaroo, Inc., Toronto, Trade Secret Nos. 92, 92–A, and 129. ID attributable to these trade secrets, and Ontario, Canada, have withdrawn as at 3–4. whether the injury is substantial.’’ Id. at parties to this venture. On June 15, 2016, Jawbone moved to 80. No other changes have been made in terminate the investigation as to all of On September 6, 2016, Jawbone filed either the membership or planned the trade secrets except for the five a petition for review of the ID, activity of the group research project. alleged trade secrets addressed in its challenging only the ALJ’s findings as to Membership in this group research post-hearing briefing. ID at 4 (citing alleged Trade Secret Nos. 92, 92–A, and project remains open, and Advanced Mot. Docket No. 963–072). Respondents 98. On September 14, 2016, Media Workflow Association, Inc. opposed the motion, arguing that they Respondents and the Commission intends to file additional written are ‘‘entitled to a determination that investigative attorney filed responses to notifications disclosing all changes in Jawbone failed to present sufficient the petition for review. Having membership. evidence showing actual examined the record of this On March 28, 2000, Advanced Media misappropriation as to all of the trade investigation, including the ALJ’s final Workflow Association, Inc. filed its asabaliauskas on DSK3SPTVN1PROD with NOTICES secrets that Jawbone now seeks to ID, the petition for review, and the original notification pursuant to Section abandon. . . .’’ See id. at 23 (quoting responses thereto, the Commission has 6(a) of the Act. The Department of Mot. 072 Rsp. at 8) (emphasis in determined not to review the final ID. Justice published a notice in the Federal original). The ALJ denied Jawbone’s This investigation is therefore Register pursuant to Section 6(b) of the motion as outside the scope of terminated. Act on June 29, 2000 (65 FR 40127). Commission Rule 210.21(a). She also The authority for the Commission’s The last notification was filed with denied Fitbit’s request for a determination is contained in section the Department on June 22, 2016. A determination on whether the 337 of the Tariff Act of 1930, as notice was published in the Federal VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1

Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices 74481 Register pursuant to Section 6(b) of the DEPARTMENT OF JUSTICE Immigration and Customs Enforcement. Act on July 25, 2016 (81 FR 48449). The nine additional members are Office of Justice Programs appointed by the Speaker of the U.S. Patricia A. Brink, House of Representatives, the U.S. Director of Civil Enforcement, Antitrust [OJP (OJJDP) Docket No. 1727] Senate Majority Leader, and the Division. Meeting of the Coordinating Council President of the United States. Other [FR Doc. 2016–25915 Filed 10–25–16; 8:45 am] on Juvenile Justice and Delinquency federal agencies take part in Council BILLING CODE P activities, including the Departments of Prevention Agriculture, Defense, Interior, and the AGENCY: Coordinating Council on Substance and Mental Health Services DEPARTMENT OF JUSTICE Juvenile Justice and Delinquency Administration of HHS. Prevention, Justice. Antitrust Division Meeting Agenda: The agenda will ACTION: Notice of meeting. include: (a) Opening remarks and Notice Pursuant to the National introductions; (b) Presentations and SUMMARY: The Coordinating Council on Cooperative Research and Production discussion of agency sustainability Juvenile Justice and Delinquency Act of 1993—UHD Alliance, Inc. plans; and (c) Council member Prevention announces its next meeting. announcements. Notice is hereby given that, on DATES: Tuesday, November 15, 2016, September 28, 2016, pursuant to Section from 3:00 p.m. to 5:00 p.m. (Eastern Registration: For security purposes, 6(a) of the National Cooperative Time). members of the public who wish to Research and Production Act of 1993, attend the meeting must pre-register ADDRESSES: The meeting will take place 15 U.S.C. 4301 et seq. (‘‘the Act’’), UHD online at www.juvenilecouncil.gov no in the third floor main conference room later than Tuesday, November 8, 2016. Alliance, Inc. (‘‘UHD Alliance’’) has at the U.S. Department of Justice, Office Should problems arise with web filed written notifications of Justice Programs, 810 7th St. NW., simultaneously with the Attorney registration, contact Melissa Kanaya, Washington, DC 20531. Senior Program Manager/Federal General and the Federal Trade FOR FURTHER INFORMATION CONTACT: Visit Contractor, at (202) 532–0121 or send a Commission disclosing changes in its the Web site for the Coordinating membership. The notifications were request to register to Ms. Kanaya. Please Council at www.juvenilecouncil.gov or include name, title, organization or filed for the purpose of extending the contact Jeff Slowikowski, Designated Act’s provisions limiting the recovery of other affiliation, full address and phone, Federal Official (DFO), OJJDP, by fax and email information and send to antitrust plaintiffs to actual damages telephone at (202) 616–3646 (not a toll- under specified circumstances. her attention either by fax to (866) 854– free number) or via email: 6619, or by email to Melissa.Kanaya@ Specifically, European Broadcasting jeff.slowikowski@usdoj.gov. The meeting usdoj.gov. Note that these are not toll- Union (EBU), Geneva, Switzerland; is open to the public. Analogix Semiconductor, Inc., Santa free telephone numbers. Additional SUPPLEMENTARY INFORMATION: The identification documents may be Clara, CA; and Pixelworks, Inc., San Coordinating Council on Juvenile required. Meeting space is limited. Jose, CA have been added as parties to Justice and Delinquency Prevention Note: Photo identification will be required this venture. (‘‘Council’’), established by statute in for admission to the meeting. No other changes have been made in the Juvenile and Delinquency either the membership or planned Prevention Act of 1974 section 206 (a) Written Comments: Interested parties activity of the group research project. (42 U.S.C. 5616(a)), will meet to carry may submit written comments and Membership in this group research out its advisory functions. Documents questions in advance by Tuesday, project remains open, and UHD Alliance such as meeting announcements, November 8, 2016, to Jeff Slowikowski, intends to file additional written agendas, minutes, and reports will be Designated Federal Official for the notifications disclosing all changes in available on the Council’s Web page, Coordinating Council on Juvenile membership. www.juvenilecouncil.gov where you Justice and Delinquency Prevention, at On June 17, 2015, UHD Alliance filed may also obtain information on the jeff.slowikowski@usdoj.gov. its original notification pursuant to meeting. Alternatively, fax your comments to Section 6(a) of the Act. The Department Although designated agency (202) 353–9093 and contact Melissa of Justice published a notice in the representatives may attend, the Council Kanaya, Senior Program Manager/ Federal Register pursuant to Section membership consists of the Attorney Federal Contractor, at (202) 532–0121 to 6(b) of the Act on July 17, 2015 (80 FR General (Chair), the Administrator of the ensure that they are received. These are 42537). Office of Juvenile Justice and not toll-free numbers. The last notification was filed with Delinquency Prevention (Vice Chair), The Council expects that the public the Department on July 19, 2016. A the Secretary of Health and Human statements submitted will not repeat notice was published in the Federal Services (HHS), the Secretary of Labor previously submitted statements. Register pursuant to Section 6(b) of the (DOL), the Secretary of Education Written questions from the public are Act on August 18, 2016 (81 FR 55233). (DOE), the Secretary of Housing and also invited at the meeting. asabaliauskas on DSK3SPTVN1PROD with NOTICES Urban Development (HUD), the Director Patricia A. Brink, of the Office of National Drug Control Robert L. Listenbee, Director of Civil Enforcement, Antitrust Policy, the Chief Executive Officer of Administrator, Office of Juvenile Justice and Division. the Corporation for National and Delinquency Prevention. [FR Doc. 2016–25914 Filed 10–25–16; 8:45 am] Community Service, and the Assistant [FR Doc. 2016–25870 Filed 10–25–16; 8:45 am] BILLING CODE P Secretary of Homeland Security for U.S. BILLING CODE 4410–18–P VerDate Sep<11>2014 18:25 Oct 25, 2016 Jkt 241001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\26OCN1.SGM 26OCN1


Document Created: 2016-10-26 02:18:02
Document Modified: 2016-10-26 02:18:02
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 74480 
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