83 FR 22288 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-ODVA, INC.
DEPARTMENT OF JUSTICE
Antitrust Division Federal Register Volume 83, Issue 93 (May 14, 2018)
Antitrust Division
Federal Register Volume 83, Issue 93 (May 14, 2018)
| Page Range | 22288-22289 | |
| FR Document | 2018-10161 |
[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)] [Notices] [Pages 22288-22289] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10161] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993--ODVA, INC. Notice is hereby given that, on April 23, 2018, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (``the Act''), ODVA, Inc. (``ODVA'') 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, Ingersoll-Rand Company, Davidson, NC; Erhardt+Leimer GmbH, Stadtbergen, GERMANY; Dalian SeaSky Automation Co., Ltd., Dalian Liaoning, PEOPLE'S REPUBLIC OF CHINA; CIMON, Gyeonggi-do, REPUBLIC OF KOREA; SYNTEC TECHNOLOGY CO., LTD., Hsinchu City, TAIWAN; and ASA-RT s.r.l., Torino, ITALY, have been added as parties to this venture. Also, Bedrock Automation, Canton, MA; Criterion NDT, Auburn, WA; Hermany Opto Electronics Inc., Coquitlam, CANADA; Alfa Laval LKM as, Kolding, DENMARK; Pico and Tera, Suwon-si, REPUBLIC OF KOREA; and SWAC Automation Consult GmbH, Oberhaching, GERMANY, have withdrawn as parties to this venture. In addition, Dynatronix has changed its name to ProTec Dynatronix LLC dba Dynatronix, Amery, WI; and Microscan Systems, Inc. to Omron Microscan Systems, Inc., Renton, WA. 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 ODVA intends to file additional written notifications disclosing all changes in membership. On June 21, 1995, ODVA 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 15, 1996 (61 FR 6039). The last notification was filed with the Department on January 29, 2018. A notice was published in the Federal [[Page 22289]] Register pursuant to Section 6(b) of the Act on February 27, 2018 (83 FR 8506). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2018-10161 Filed 5-11-18; 8:45 am] BILLING CODE 4410-11-P
![22288 Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices
1–8, 10–15, and 18–22 of U.S. Patent ’103 patent are invalid for lack of DEPARTMENT OF JUSTICE
No. 6,961,508 (‘‘the ’508 patent’’); written description and enablement.
claims 1–10 and 13–15 of U.S. Patent (5) Whether the accused products Antitrust Division
No. 7,171,103 (‘‘the ’103 patent’’);
infringe the ’508, ’103, and ’659 patents. Notice Pursuant to the National
claims 2–4, 9, 11–12, and 15 of U.S.
Patent No. 7,067,564; and claims 1–3, 9, (6) Whether the technical and Cooperative Research and Production
12, 16–18, 21, and 30 of U.S. Patent No. economic prongs of the domestic Act of 1993—ODVA, INC.
7,706,659 (‘‘the ’659 patent’’). Id. The industry requirement have been met for
Commission’s Notice of Investigation the ’508, ’103, and ’659 patents. Notice is hereby given that, on April
named as respondents Momentive UV The Commission had determined to 23, 2018, pursuant to Section 6(a) of the
Coatings (Shanghai) Co., Ltd. of not review the remainder of the ID and National Cooperative Research and
Shanghai, China (‘‘MUV’’); and OFS Production Act of 1993, 15 U.S.C. 4301
did not request any briefing.
Fitel, LLC of Norcross, Georgia (‘‘OFS’’) et seq. (‘‘the Act’’), ODVA, Inc.
(collectively, ‘‘Respondents’’). Id. The On review, the Commission has now (‘‘ODVA’’) has filed written notifications
Office of Unfair Import Investigations determined that DSM has not shown simultaneously with the Attorney
(‘‘OUII’’) was also named as a party in that Respondents have violated section General and the Federal Trade
this investigation. Id. 337. As to the issues under review and Commission disclosing changes in its
Prior to the evidentiary hearing, DSM as explained more fully in the related membership. The notifications were
withdrew its allegations as to certain Commission Opinion, the Commission filed for the purpose of extending the
patent claims. See Order 12 (Apr. 12, has determined to affirm with
2017), unreviewed, Notice of Act’s provisions limiting the recovery of
modifications in part, reverse in part,
Commission Determination Not to antitrust plaintiffs to actual damages
and take no position as to certain issues
Review an Initial Determination under specified circumstances.
under review. More particularly, the
Granting Complainants’ Unopposed Specifically, Ingersoll-Rand Company,
Commission has determined to affirm
Motion to Terminate this Investigation Davidson, NC; Erhardt+Leimer GmbH,
with modified reasoning the ID’s
with respect to One Patent Claim (May Stadtbergen, GERMANY; Dalian SeaSky
conclusion that claims 1–8, 11, 15, and
11, 2017); Order 50 (Aug. 25, 2017), Automation Co., Ltd., Dalian Liaoning,
18–19 of the ’508 patent are invalid for
unreviewed, Notice of Commission PEOPLE’S REPUBLIC OF CHINA;
lack of written description. The
Determination Not to Review An Initial CIMON, Gyeonggi-do, REPUBLIC OF
Commission has also determined to
Determination Withdrawing from the KOREA; SYNTEC TECHNOLOGY CO.,
supplement the ID’s reasoning as to its
Complaint Certain Allegations LTD., Hsinchu City, TAIWAN; and
conclusion that claim 30 of the ’659
Regarding U.S. Patent No. 7,067,564 ASA–RT s.r.l., Torino, ITALY, have
patent is invalid for lack of written
(Sept. 15, 2017). DSM proceeded at the been added as parties to this venture.
description. The Commission has
evidentiary hearing on the following
patents and claims: claims 1–8, 11–15, further determined to reverse the ID’s Also, Bedrock Automation, Canton,
18–19, 20–21, and 22 of the ’508 patent; conclusion that claim 21 of the ’508 MA; Criterion NDT, Auburn, WA;
claims 1–10 and 13–15 of the ’103 patent and claims 1–10 and 13–15 of the Hermany Opto Electronics Inc.,
patent; and claims 1–3, 9, 12, 16–18, 21, ’103 patent are not invalid for lack of Coquitlam, CANADA; Alfa Laval LKM
and 30 of the ’659 patent. written description. The Commission as, Kolding, DENMARK; Pico and Tera,
On February 15, 2018, the presiding has additionally determined to modify Suwon-si, REPUBLIC OF KOREA; and
administrative law judge (‘‘ALJ’’) issued the ID to include a finding that SWAC Automation Consult GmbH,
the ID, which finds only MUV in respondent OFS imports respondent Oberhaching, GERMANY, have
violation of section 337, and only as to MUV’s accused KS1–043/048 coating. withdrawn as parties to this venture.
the ’508 and ’103 patents. On February Finally, the Commission has determined
In addition, Dynatronix has changed
27–28, 2018, OUII, DSM, MUV, and not to take a position as to whether
its name to ProTec Dynatronix LLC dba
OFS filed petitions for review of the ID, claims 1–8, 11, 15, 18–19, and 21 of the
Dynatronix, Amery, WI; and Microscan
and on March 7–8, 2018, the parties ’508 patent and claims 1–10 and 13–15
of the ’103 patent are invalid for lack of Systems, Inc. to Omron Microscan
filed responses to the petitions. On
enablement; whether the accused Systems, Inc., Renton, WA.
March 19, 2018, the private parties filed
statements on the public interest. The products infringe the ’508, ’103, and No other changes have been made in
Commission also received comments on ’659 patents; and whether the technical either the membership or planned
the public interest from members of the and economic prongs of the domestic activity of the group research project.
public. industry requirement have been met for Membership in this group research
On April 16, 2018, after considering those patents. project remains open, and ODVA
the parties’ petitions and responses This action is taken under the intends to file additional written
thereto, the Commission determined to notifications disclosing all changes in
authority of section 337 of the Tariff Act
review the following issues: membership.
of 1930, as amended (19 U.S.C. 1337),
(1) Whether respondent OFS imports
and in part 210 of the Commission’s On June 21, 1995, ODVA filed its
respondent MUV’s accused KS1–043/
Rules of Practice and Procedure (19 CFR original notification pursuant to Section
048 coating.
part 210). 6(a) of the Act. The Department of
(2) Whether claim 30 of ’659 patent is
amozie on DSK3GDR082PROD with NOTICES
invalid for lack of written description. By order of the Commission.
Justice published a notice in the Federal
(3) Whether claims 1–8, 11, 15, and Register pursuant to Section 6(b) of the
Issued: May 8, 2018.
18–19 of the ’508 patent are invalid for Act on February 15, 1996 (61 FR 6039).
Lisa Barton,
lack of written description and The last notification was filed with
enablement. Secretary to the Commission.
the Department on January 29, 2018. A
(4) Whether claim 21 of the ’508 [FR Doc. 2018–10164 Filed 5–11–18; 8:45 am]
notice was published in the Federal
patent and claims 1–10 and 13–15 of the BILLING CODE 7020–02–P
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![Federal Register / Vol. 83, No. 93 / Monday, May 14, 2018 / Notices 22289
Register pursuant to Section 6(b) of the for the proper performance of the Management Division, Policy and
Act on February 27, 2018 (83 FR 8506). functions of the Bureau of Justice Planning Staff, Two Constitution
Statistics, including whether the Square, 145 N Street NE, 3E.405A,
Patricia A. Brink,
information will have practical utility; Washington, DC 20530.
Director of Civil Enforcement, Antitrust
—Evaluate the accuracy of the agency’s Dated: May 9, 2018.
Division.
estimate of the burden of the Melody Braswell,
[FR Doc. 2018–10161 Filed 5–11–18; 8:45 am]
proposed collection of information,
BILLING CODE 4410–11–P Department Clearance Officer, PRA, U.S.
including the validity of the Department of Justice.
methodology and assumptions used;
[FR Doc. 2018–10171 Filed 5–11–18; 8:45 am]
—Evaluate whether and if so how the
DEPARTMENT OF JUSTICE BILLING CODE 4410–02–P
quality, utility, and clarity of the
[OMB Number 1110–0065] information to be collected can be
enhanced; and
Agency Information Collection —Minimize the burden of the collection DEPARTMENT OF LABOR
Activities; Proposed eCollection of information on those who are to
eComments Requested; Extension respond, including through the use of Occupational Safety and Health
With Change, of a Previously appropriate automated, electronic, Administration
Approved Collection; Private Industry mechanical, or other technological Docket No. OSHA–2006–0042]
Feedback Survey collection techniques or other forms
AGENCY: Cyber Division, Federal Bureau of information technology, e.g., CSA Group Testing & Certification Inc.:
of Investigation, Department of Justice. permitting electronic submission of Grant of Expansion of Recognition
ACTION: 60-day notice. responses. AGENCY: Occupational Safety and Health
Overview of this information Administration (OSHA), Labor.
SUMMARY: The Department of Justice
collection: ACTION: Notice.
(DOJ), Federal Bureau of Investigation 1. Type of Information Collection:
(FBI), Cyber Division (CyD) will be SUMMARY: In this notice, OSHA
Extension with change of a currently
submitting the following information announces the final decision to expand
approved collection.
collection request to the Office of the scope of recognition for CSA Group
2. The Title of the Form/Collection:
Management and Budget (OMB) for Testing & Certification Inc., as a
2013 Private Industry Feedback Survey.
review and approval in accordance with Nationally Recognized Testing
3. The agency form number, if any,
the Paperwork Reduction Act of 1995. Laboratory (NRTL).
and the applicable component of the
DATES: Comments are encouraged and Department sponsoring the collection: DATES: The expansion of the scope of
will be accepted for 60 days until July There is not a form number on the recognition becomes effective on May
13, 2018. survey. 14, 2018.
FOR FURTHER INFORMATION CONTACT: If 4. Affected public who will be asked FOR FURTHER INFORMATION CONTACT:
you have additional comments or required to respond, as well as a brief Information regarding this notice is
especially on the estimated public abstract: The FBI, Cyber Division, available from the following sources:
burden or associated response time, produces reports that provide Press inquiries: Contact Mr. Frank
suggestions, or need a copy of the information related to cyber trends and Meilinger, Director, OSHA Office of
proposed information collection threats for private sector partners. The Communications, U.S. Department of
instrument with instructions or reports are referred to as Private Labor, phone: (202) 693–1999; email:
additional information, please contact Industry Notifications (PINs) and FBI meilinger.francis2@dol.gov.
Stacy Stevens, Unit Chief, FBI, Cyber Liaison Alert Systems (FLASHs). In General and technical information:
Division, 935 Pennsylvania Ave. NW, order to improve the PIN/FLASH Contact Mr. Kevin Robinson, Director,
Washington, DC 20535 (facsimile: 703– reports, a ‘‘Feedback’’ Section has been Office of Technical Programs and
633–5797; email: slstevens2@fbi.gov) or added to the reports containing a URL Coordination Activities, Directorate of
Stacey Rubin, Management and Program that links to a voluntary online survey. Technical Support and Emergency
Analyst, FBI, Cyber Division, 935 The results of the survey are reviewed Management, Occupational Safety and
Pennsylvania Ave. NW, Washington, DC by CyD and used to improve future Health Administration, phone: (202)
20535 (facsimile: 703–633–5797; email: reports to better serve the FBI’s private 693–2110; email: robinson.kevin@
sjrubin@fbi.gov). Written comments sector partners. dol.gov. OSHA’s web page includes
and/or suggestions can also be sent to 5. An estimate of the total number of information about the NRTL Program
the Office of Management and Budget, respondents and the amount of time (see http://www.osha.gov/dts/otpca/
Office of Information and Regulatory estimated for an average respondent to nrtl/index.html).
Affairs, Attention Department of Justice respond: An estimated 5,000 SUPPLEMENTARY INFORMATION:
Desk Officer, Washington, DC 20503. respondents will complete the survey. It
Additionally, comments may be is estimated that it takes each I. Notice of Final Decision
submitted via email to OIRA_ respondent 3 minutes to complete the OSHA hereby gives notice of the
submission@omb.eop.gov. survey. expansion of the scope of recognition of
SUPPLEMENTARY INFORMATION: Written 6. An estimate of the total public CSA Group Testing & Certification Inc.
comments and suggestions from the burden (in hours) associated with the (CSA), as a NRTL. CSA’s expansion
amozie on DSK3GDR082PROD with NOTICES
public and affected agencies concerning collection: The estimated public burden covers the addition of six test standards
the proposed collection of information associated with this collection is 250 to its scope of recognition.
are encouraged. Your comments should hours. OSHA recognition of a NRTL signifies
address one or more of the following If additional information is required that the organization meets the
four points: contact: Melody Braswell, Department requirements specified by 29 CFR
—Evaluate whether the proposed Clearance Officer, United States 1910.7. Recognition is an
collection of information is necessary Department of Justice, Justice acknowledgment that the organization
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Document Created: 2018-05-12 01:11:40
Document Modified: 2018-05-12 01:11:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 83 FR 22288 |
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