82_FR_51646 82 FR 51433 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Medical Technology Enterprise Consortium

82 FR 51433 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Medical Technology Enterprise Consortium

DEPARTMENT OF JUSTICE
Antitrust Division

Federal Register Volume 82, Issue 213 (November 6, 2017)

Page Range51433-51433
FR Document2017-24101

Federal Register, Volume 82 Issue 213 (Monday, November 6, 2017)
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Page 51433]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24101]



[[Page 51433]]

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DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Medical Technology Enterprise Consortium

    Notice is hereby given that, on September 29, 2017, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Medical Technology 
Enterprise Consortium (``MTEC'') 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, 2C4 Technologies, Inc., San Antonio, TX; 
Actuated Medical, Inc., Bellefonte, PA; American Type Culture 
Collection (ATCC Federal Solutions), Manassas, VA; Amethyst 
Technologies, LLC, Baltimore, MD; Anu Life Sciences, Sunrise, FL; 
Arteriocyte, Inc. d/b/a/Compass Biomedical, Hopkinton, MA; Charles 
River Analytics, Inc., Cambridge, MA; Chimerix, Inc., Durham, NC; Cole 
Engineering Services, Inc., Orlando, FL; Corvid Technologies, 
Mooresville, NC; Daxor Corporation, New York, NY; Elemance, LLC, 
Clemmons, NC; Emergent BioSolutions, Gaithersburg, MD; Human Biomed, 
Inc., South Burlington, VT; L-3 Applied Technologies, Inc., San Diego, 
CA; LifeLink Foundation, Inc., Tampa, FL; MalarVx, Inc., Seattle, WA; 
Manzanita Pharmaceuticals, Inc., Woodside, CA; Medtronic, Minneapolis, 
MN; Melinta Therapeutics, Inc., New Haven, CT; Neuroplast BV, 
Maastricht, NETHERLANDS; Platelet BioGenesis, Inc., Boston, MA; 
RegeniSource LLC, San Antonio, TX; Remedor Biomed Ltd., Nazareth lllit, 
ISRAEL; Roccor, LLC, Longmont, CO; Soar Technology, Inc., Ann Arbor, 
MI; SynDaver Labs, Tampa, FL; The Board of Supervisors of Louisiana 
State University and Agricultural & Mechanical College herein 
represented by Louisiana State University Health Sciences Center in New 
Orleans (LSUHSC), New Orleans, LA; The Medical College of Wisconsin, 
Inc., Milwaukee, WI; The Metis Foundation, San Antonio, TX; University 
of Iowa, Iowa city, IA; University of Maryland, College Park, MD; 
Vcom3D, Inc., Orlando, FL, and Vivacelle Bio, Inc., Chicago, IL have 
been added as parties to this venture.
    Also, Applied Medical Device Institute (aMDI)--Grand Valley State 
University, Grand Rapids, MI; Aptus, LLC, Clemson, SC; Ellipsis 
Technologies, Inc., Greenville, SC; Johns Hopkins University, 
Baltimore, MD; Longeveron LLC, Miami, FL; Lovelace Biomedical and 
Environmental Research Institute, Albuquerque, NM; MicroCures, Inc., 
Santa Cruz, CA; New York Institute of Technology, Old Westbury, NY; 
NGT-VC 2012 Limited Partnership (NGT3), Nazareth, ISRAEL; and Otologic 
Pharmaceutics Inc., Oklahoma City, OK, 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 MTEC intends to file additional 
written notifications disclosing all changes in membership.
    On May 9, 2014, MTEC 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 9, 
2014 (79 FR 32999).
    The last notification was filed with the Department on June 23, 
2017. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on August 15, 2017(82 FR 38708).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2017-24101 Filed 11-3-17; 8:45 am]
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                                                                           Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices                                              51433

                                               DEPARTMENT OF JUSTICE                                      Also, Applied Medical Device                       Registration No. FC3015915, at the
                                                                                                       Institute (aMDI)—Grand Valley State                   registered address of 8119 Court
                                               Antitrust Division                                      University, Grand Rapids, MI; Aptus,                  Avenue, Hamlin, West Virginia. Id. at 1.
                                                                                                       LLC, Clemson, SC; Ellipsis                            The Order alleged that this registration
                                               Notice Pursuant to the National                         Technologies, Inc., Greenville, SC; Johns             was due to expire on August 31, 2017.
                                               Cooperative Research and Production                     Hopkins University, Baltimore, MD;                    Id.
                                               Act of 1993—Medical Technology                          Longeveron LLC, Miami, FL; Lovelace
                                               Enterprise Consortium                                                                                            As to the substantive grounds for the
                                                                                                       Biomedical and Environmental
                                                                                                       Research Institute, Albuquerque, NM;                  proceeding, the Show Cause Order
                                                  Notice is hereby given that, on                                                                            alleged that Registrant is owned by
                                               September 29, 2017, pursuant to Section                 MicroCures, Inc., Santa Cruz, CA; New
                                                                                                       York Institute of Technology, Old                     George ‘‘Chip’’ Chapman and Summer
                                               6(a) of the National Cooperative
                                                                                                       Westbury, NY; NGT–VC 2012 Limited                     Chapman, and that George Chapman is
                                               Research and Production Act of 1993,
                                                                                                       Partnership (NGT3), Nazareth, ISRAEL;                 Registrant’s Pharmacist-in-Charge (PIC).
                                               15 U.S.C. 4301 et seq. (‘‘the Act’’),
                                               Medical Technology Enterprise                           and Otologic Pharmaceutics Inc.,                      Id. The Show Cause Order alleged that
                                               Consortium (‘‘MTEC’’) has filed written                 Oklahoma City, OK, have withdrawn as                  on June 30, 2016, DEA executed an
                                               notifications simultaneously with the                   parties to this venture.                              Administrative Inspection Warrant
                                               Attorney General and the Federal Trade                     No other changes have been made in                 (AIW) at Registrant based on ‘‘tips that
                                               Commission disclosing changes in its                    either the membership or planned                      PIC Chapman was frequently impaired
                                               membership. The notifications were                      activity of the group research project.               and was unlawfully removing
                                               filed for the purpose of extending the                  Membership in this group research                     controlled substances from the
                                               Act’s provisions limiting the recovery of               project remains open, and MTEC                        pharmacy.’’ Id. at 2. The Order then
                                               antitrust plaintiffs to actual damages                  intends to file additional written                    alleged that during the inspection, DEA
                                               under specified circumstances.                          notifications disclosing all changes in               personnel interviewed PIC Chapman
                                               Specifically, 2C4 Technologies, Inc.,                   membership.                                           and other pharmacy employees. Id.
                                               San Antonio, TX; Actuated Medical,                         On May 9, 2014, MTEC filed its
                                                                                                       original notification pursuant to Section                With respect to the interview of PIC
                                               Inc., Bellefonte, PA; American Type                                                                           Chapman, the Show Cause Order
                                               Culture Collection (ATCC Federal                        6(a) of the Act. The Department of
                                                                                                       Justice published a notice in the Federal             alleged that he made various material
                                               Solutions), Manassas, VA; Amethyst                                                                            false statements to the Investigators. Id.
                                               Technologies, LLC, Baltimore, MD; Anu                   Register pursuant to Section 6(b) of the
                                                                                                       Act on June 9, 2014 (79 FR 32999).                    These included minimizing the quantity
                                               Life Sciences, Sunrise, FL; Arteriocyte,                                                                      of oxycodone and hydrocodone that had
                                                                                                          The last notification was filed with
                                               Inc. d/b/a/Compass Biomedical,
                                                                                                       the Department on June 23, 2017. A                    been lost ‘‘in the last year,’’ stating that
                                               Hopkinton, MA; Charles River
                                                                                                       notice was published in the Federal                   he had failed to reported all but one of
                                               Analytics, Inc., Cambridge, MA;
                                                                                                       Register pursuant to Section 6(b) of the              the instances in which these drugs were
                                               Chimerix, Inc., Durham, NC; Cole
                                                                                                       Act on August 15, 2017(82 FR 38708).                  ‘‘lost’’ because they were ‘‘‘not
                                               Engineering Services, Inc., Orlando, FL;
                                               Corvid Technologies, Mooresville, NC;                                                                         significant’ losses,’’ by denying that he
                                                                                                       Patricia A. Brink,
                                               Daxor Corporation, New York, NY;                                                                              knew ‘‘anything further about the nature
                                                                                                       Director of Civil Enforcement, Antitrust
                                               Elemance, LLC, Clemmons, NC;                            Division.                                             of the pharmacy’s losses’’ while
                                               Emergent BioSolutions, Gaithersburg,                    [FR Doc. 2017–24101 Filed 11–3–17; 8:45 am]
                                                                                                                                                             ‘‘claim[ing] that he was not abusing
                                               MD; Human Biomed, Inc., South                                                                                 prescriptions drugs,’’ and stating ‘‘that
                                                                                                       BILLING CODE P
                                               Burlington, VT; L–3 Applied                                                                                   many of his per diem or fill-in
                                               Technologies, Inc., San Diego, CA;                                                                            pharmacists were previous drug
                                               LifeLink Foundation, Inc., Tampa, FL;                   DEPARTMENT OF JUSTICE                                 abusers.’’ Id.
                                               MalarVx, Inc., Seattle, WA; Manzanita                                                                            The Show Cause Order then alleged
                                               Pharmaceuticals, Inc., Woodside, CA;                    Drug Enforcement Administration                       that in a subsequent interview
                                               Medtronic, Minneapolis, MN; Melinta                                                                           conducted on July 22, 2016, Chapman
                                               Therapeutics, Inc., New Haven, CT;                      ChipRX, L.L.C., d/b/a City Center
                                                                                                       Pharmacy; Decision and Order                          ‘‘admitted that during the past year, he
                                               Neuroplast BV, Maastricht,                                                                                    diverted oxycodone or hydrocodone
                                               NETHERLANDS; Platelet BioGenesis,                         On August 19, 2016, the former                      pills equivalent to ‘200–300 mg every
                                               Inc., Boston, MA; RegeniSource LLC,                     Acting Administrator issued an Order to               day,’ a total of approximately 25,000
                                               San Antonio, TX; Remedor Biomed Ltd.,                   Show Cause and Immediate Suspension                   pills.’’ Id. at 3. The Order also alleged
                                               Nazareth lllit, ISRAEL; Roccor, LLC,                    of Registration to ChipRX, L.L.C., d/b/a              that ‘‘Chapman admitted that he
                                               Longmont, CO; Soar Technology, Inc.,                    City Center Pharmacy (hereinafter,                    routinely falsified inventory records’’
                                               Ann Arbor, MI; SynDaver Labs, Tampa,                    Registrant), of Hamlin, West Virginia.                and that he ‘‘shredded invoice and
                                               FL; The Board of Supervisors of                         The Show Cause Order proposed the                     supplier records, including DEA 222
                                               Louisiana State University and                          revocation of Registrant’s DEA                        forms and electronic Controlled
                                               Agricultural & Mechanical College                       Certificate of Registration and the denial            Substances Ordering System (‘CSOS’)
                                               herein represented by Louisiana State                   of any pending application to renew or                records.’’ Id. The Order further alleged
                                               University Health Sciences Center in                    modify its registration, on the ground
                                               New Orleans (LSUHSC), New Orleans,                                                                            that ‘‘Chapman admitted that he had
                                                                                                       that its ‘‘continued registration is
                                                                                                                                                             relapsed,’’ and told ‘‘DEA [I]nvestigators
Pmangrum on DSK3GDR082PROD with NOTICES




                                               LA; The Medical College of Wisconsin,                   inconsistent with the public interest.’’
                                               Inc., Milwaukee, WI; The Metis                                                                                that he ‘couldn’t wait’ for’’ the
                                                                                                       Show Cause Order, at 1 (citing 21 U.S.C.
                                               Foundation, San Antonio, TX;                            824(a)(4) and 823(f)).                                expiration of the Memorandum of
                                               University of Iowa, Iowa city, IA;                        As to the Agency’s jurisdiction, the                Agreement (MOA) which he had
                                               University of Maryland, College Park,                   Show Cause Order alleged that                         previously entered into with the Agency
                                               MD; Vcom3D, Inc., Orlando, FL, and                      Registrant is registered as a pharmacy                ‘‘so he could begin diverting . . . drugs
                                               Vivacelle Bio, Inc., Chicago, IL have                   with authority to dispense schedule II–               to feed his addiction.’’ Id. The Order
                                               been added as parties to this venture.                  V controlled substances under                         then alleged that Chapman admitted to


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Document Created: 2017-11-07 10:30:57
Document Modified: 2017-11-07 10:30:57
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 Citation82 FR 51433 

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