Federal Register / Vol. 84, No. 159 / Friday, August 16, 2019 / Notices 42011

contacting the Commission’s TDD Commission instituted the modification DEPARTMENT OF JUSTICE terminal on (202) 205–1810. proceeding on August 23, 2018, and SUPPLEMENTARY INFORMATION: The consolidated it with the enforcement Antitrust Division Commission instituted the original proceeding. Id. The Commission, investigation on July 1, 2016, based on however, subsequently terminated the Notice Pursuant to the National a complaint filed by Fujifilm modification proceeding that had been Cooperative Research and Production Corporation of Tokyo, and consolidated with the enforcement Act of 1993—The Open Group, L.L.C. Fujifilm Recording Media U.S.A., Inc. of proceeding on a motion filed by the Notice is hereby given that, on August Bedford, Massachusetts (collectively, Sony Respondents. 83 FR 58594 (Nov. 6, 2019, pursuant to Section 6(a) of the ‘‘Fujifilm’’). 81 FR 43243 (July 1, 2016). 20, 2018). The complaint alleged violations of 19 National Cooperative Research and On July 3, 2019, the presiding U.S.C. 1337, as amended (‘‘Section Production Act of 1993, 15 U.S.C. 4301 administrative law judge (‘‘ALJ’’) issued 337’’), through the importation into the et seq. (‘‘the Act’’), The Open Group, United States, sale for importation, or an initial determination in the L.L.C. (‘‘TOG’’) has filed written sale within the United States after enforcement proceeding (‘‘EID’’), notifications simultaneously with the importation of certain magnetic data finding that the Sony Respondents Attorney General and the Federal Trade storage tapes and tape cartridges violated the cease and desist orders and Commission disclosing changes in its containing same that allegedly infringe recommending a civil penalty of membership. The notifications were certain asserted claims of U.S. Patent $210,134 as the appropriate filed for the purpose of extending the Nos. 6,641,891 (‘‘the ’891 patent’’), enforcement measure. EID at 1, 60–61. Act’s provisions limiting the recovery of 6,767,612 (‘‘the ’612 patent’’), 6,703,106 The Sony Respondents filed a petition antitrust plaintiffs to actual damages (‘‘the ’106 patent’’), 8,236,434 (‘‘the ’434 to review the EID on July 15, 2019. On under specified circumstances. Specifically, 6point6 Limited, London, patent’’), and 7,355,805 (‘‘the ’805 July 17, 2019, however, the parties filed ; Acromag, Inc., patent’’). Id. The Commission’s notice of a joint motion for an extension of time Wixom, MI; Altran Technologies, SA, investigation named Sony Corporation to file a response to the Sony Paris, ; Baker Hughes, Houston, of Tokyo, Japan; Sony Corporation of Respondents’ petition in order to America of New York, New York; and TX; Beijing JCC Information Consulting accommodate the parties’ settlement Co., Ltd., Beijing, PEOPLE’S REPUBLIC Sony Electronics Inc. of San Diego, discussions. California (collectively, ‘‘Sony’’) as OF ; Cepsa, Madrid, ; respondents. Id. The Office of Unfair On July 25, 2019, Fujifilm and the Concho Resources, Midland, TX; Import Investigations (‘‘OUII’’) was also Sony Respondents filed a joint petition Concurrent Technologies, Inc., Woburn, named as a party to the investigation. to rescind the remedial orders and a MA; Dubai Customs, Dubai, UNITED On March 14, 2018, the Commission joint motion to terminate the ARAB EMIRATES; Dynamic Graphics, determined that a violation of Section enforcement proceeding due to their Inc., Alameda, CA; EPAM Systems, Inc., 337 occurred with respect to the ’891 settlement agreement and patent cross- Newton, PA; FEI-Elcom Tech, Inc., patent but not the ’612, ’106, ’434, or license. See 19 U.S.C. 1337(k); 19 CFR Northvale, NJ; Flare Solutions Limited, ’805 patents. 83 FR 11245 (March 14, 210.21(b), 210.76(a). On August 1, 2019, Portsmouth, UNITED KINGDOM; 2018). The Commission issued a limited OUII filed a response in support of the GamingWorks BV, Bodegraven, THE exclusion order and cease and desist parties’ joint petition to rescind the ; Geophysical Insights, orders against the Sony respondents, but remedial orders and their joint motion Houston, TX; ikon Science Limited, exempted magnetic data storage tapes to terminate the enforcement London, UNITED KINGDOM; Interica and tape cartridges that are imported or proceeding. Ltd., Lewes, UNITED KINGDOM; Larsen used for the purpose of fulfilling Sony’s & Toubro Infotech Ltd., Edison, NJ; The Commission, having reviewed the warranty, service, repair, or compliance Logic Solutions Group LLC, Houston, verification obligations. Id.; see also parties’ joint petition and other TX; Macro Services Solutions, Bogota, Comm’n Opinion (March 8, 2018). materials, has determined to grant the COLOMBIA; OAG Analytics, Inc., On June 13, 2018, the Commission parties’ petition and motion, rescind the Houston, TX; Oliasoft AS, Oslo, instituted an enforcement proceeding limited exclusion order and cease and NORWAY; Orion Technologies, and named the original three Sony desist orders issued in the underlying Orlando, FL; Osokey Ltd., Henley-on- entities as respondents, in addition to investigation, and terminate the Thames, UNITED KINGDOM; PGS Sony Storage Media Solutions enforcement proceeding. Geophysical AS, Oslo, NORWAY; Corporation of Tokyo, Japan; Sony The authority for the Commission’s PricewaterhouseCoopers LLP, Toronto, Storage Media Manufacturing determination is contained in Section CANADA; Quantico Energy Solutions, Corporation of Miyagi, Japan; Sony 337 of the Tariff Act of 1930, as Inc., Houston, TX; RDRTec, Inc., DADC US Inc. of Terre Haute, Indiana; amended (19 U.S.C. 1337), and in Part Roebling, NJ; Reflex Photonics Corp., and Sony Latin America Inc. of Miami, 210 of the Commission’s Rules of Bethlehem, PA; Searcher Seismic Florida (collectively, ‘‘the Sony Practice and Procedure (19 CFR part Geodata Pty Ltd., West Perth, Respondents’’). 83 FR 27626 (June 13, 210). ; Security Compass, 2018). OUII was also named as a party. Ontario, CANADA; Softserve Inc., Id. By order of the Commission. Austin, TX; Stratus Technologies, Inc., While the enforcement proceeding Issued: August 13, 2019. Maynard, MA; Taipei City Government was ongoing, the Sony Respondents Lisa Barton, Department of Information Technology, filed a request for an advisory opinion Secretary to the Commission. Taipei City, TAIWAN; The University of and petition for modification of the [FR Doc. 2019–17660 Filed 8–15–19; 8:45 am] Oslo, Oslo, NORWAY; Triton Data remedial orders to clarify that certain of Services, Houston, TX; VITA, Oklahoma its redesigned tape products are outside BILLING CODE 7020–02–P City, OK; XMPro Inc., Dallas, TX; and the scope of the remedial orders. See 83 Ypto NV, Anderlecht, BELGIUM, have FR 42690 (Aug. 23, 2018). The been added as parties to this venture.

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Also, Azbil Corporation, Tokyo, General and the Federal Trade On September 15, 2015, R Consortium JAPAN; Bayer Business Services GmbH, Commission disclosing changes in its filed its original notification pursuant to Leverkusen, ; BusinessNow, membership. The notifications were Section 6(a) of the Act. The Department S

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