Notice Pursuant to The National Cooperative Research and Production Act of 1993-The Open Group, L.L.C.

Cited as:85 FR 74761
Court:Antitrust Division
Publication Date:23 Nov 2020
Record Number:2020-25722
74761
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
3Shape A/S of Copenhagen, Denmark;
3Shape, Inc. of Warren, New Jersey; and
3Shape Trios A/S of Copenhagen,
Denmark (together, ‘‘3Shape’’). Id. The
Office of Unfair Import Investigations is
not participating in the investigation. Id.
The Commission subsequently
terminated the investigation with
respect to the ’958 patent based on
Align’s withdrawal of those complaint
allegations. Order No. 17 (Jul. 2, 2019),
not reviewed Notice (Jul. 23, 2019). On
October 8, 2019, Align stated that it
would no longer pursue a violation with
respect to claims 4 and 20 of the ’647
patent, claims 1 and 19 of the ’661
patent, and claims 1, 3–5, and 22 of the
’192 patent. On October 21, 2019, Align
stated that it would no longer pursue a
violation with respect to claim 2 of the
’647 patent. Accordingly, at the time of
the Final ID, Align asserted claims 1 and
18 of the ’647 patent, claims 2 and 20
of the ’661 patent, claims 1 and 2 of the
’538 patent, and claims 2, 28, and 29 of
the ’192 patent.
On April 30, 2020, the ALJ issued the
Final ID finding a violation of section
337 with respect to the ’647 and ’661
patents, and no violation with respect to
the ’538 and ’192 patents. Specifically,
the ALJ found that claims 1 and 18 of
the ’538 patent are not infringed and
that claims 2, 28, and 29 of the ’192
patent are invalid. The ALJ found that
Align satisfied the remaining
requirements for a violation with
respect to the ’538 and ’192 patents.
On May 12, 2020, 3Shape and Align
each filed a petition for review of the
Final ID. On May 20, 2020, the parties
responded to each other’s petitions. The
Commission also received four
comments on the public interest.
On January 31, 2020, the Commission
determined to review the Final ID in
part. Specifically, the Commission
determined to review the following
issues: (1) The findings regarding
importation and induced infringement;
(2) the construction of limitation 1.5/
18.5 of the ‘647 patent (‘‘individually
matching [match] each of the dental
objects in the subsequent digital model
with a dental object in the initial digital
model to determine corresponding
dental objects, the matching comprising
[including instructions to]’’) in the
asserted claims of the ’647 patent, and
the application of that construction
regarding infringement, invalidity, and
the technical prong of the domestic
industry; (3) the findings regarding
whether the asserted claims of the ’647
and ’661 patents are directed to
patentable subject matter; (4) the
construction of the limitation ‘‘wherein
the device is configured for maintaining
a spatial disposition with respect to the
portion that is substantially fixed during
operation of the optical scanner and
imaging means’’ in the asserted claims
of the ’538 patent, and the application
of that construction regarding
infringement, invalidity, and the
technical prong of the domestic industry
requirement; (5) the findings regarding
whether Okamato anticipates the
asserted claims of the ’538 patent; (6)
the findings regarding whether Paley-
Kriveshko anticipates or renders
obvious the asserted claims of the ’192
patent; and (7) the findings regarding
the satisfaction of the economic prong of
the domestic industry requirement.
Having examined the record of this
investigation, including the Final ID, the
petitions, responses, and other
submissions from the parties, the
Commission has determined that Align
has failed to show a violation of section
337. Specifically, the Commission has
determined to: (1) Modify the Final ID’s
findings on importation; (2) reverse the
Final ID’s finding that Align showed
induced infringement for the ’647 and
’661 patents; (3) modify the Final ID’s
interpretation of the limitation ‘‘to
determine corresponding dental
objects’’ in the asserted claims of the
’647 patent, but find that the
modification does not affect the
application of the construction to
infringement, the domestic industry, or
invalidity; (4) take no position on the
Final ID’s finding that the asserted
claims of the ’647 and ’661 patents are
directed to patentable subject matter; (5)
modify the ALJ’s construction of
‘‘wherein the device is configured for
maintaining a spatial disposition with
respect to the portion that is
substantially fixed during operation of
the optical scanner and the imaging
means’’ of the asserted claims of the
’538 patent, and find that, under the
modified construction, Align
established infringement and the
technical prong of the domestic industry
requirement but that the asserted claims
are invalid; (6) reverse the Final ID’s
finding that the asserted claims of the
’538 patent are not anticipated by
Okamoto; (7) reverse the Final ID’s
finding that the asserted claims of the
’192 patent are not anticipated by Paley-
Kriveshko, and affirm the Final ID’s
finding that the asserted claims are
invalid as obvious under modified
reasoning; and (8) take no position on
whether Align satisfied the economic
prong of the domestic industry
requirement.
Accordingly, the Commission finds
no violation of section 337. Specifically,
the Commission finds that Align failed
to establish a violation with respect to
the asserted claims of the ’647 and ’661
patents because Align failed to show
infringement; that Align failed to
establish a violation with respect to the
asserted claims of the ’538 patent
because Align failed to show
infringement and because the claims are
invalid; and that Align failed to
establish a violation with respect to the
asserted claims of the ’192 patent
because the claims are invalid. The
Commission’s determinations are
explained more fully in the
accompanying Opinion. All other
findings in the ID under review that are
consistent with the Commission’s
determinations are affirmed. The
investigation is hereby terminated.
The Commission vote for these
determinations took place on November
17, 2020.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: November 17, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020–25791 Filed 11–20–20; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to The National
Cooperative Research and Production
Act of 1993—The Open Group, L.L.C.
Notice is hereby given that, on
November 3, 2020, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), The
Open Group, L.L.C. (‘‘TOG’’) 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,
3ES Innovation Inc., Calgary, CANADA;
Asesorı
´as y Desarrollos Corporativos
S.A., San Jose
´, COSTA RICA; Asia
eHealth Information Network, Kowloon,
PEOPLE’S REPUBLIC OF CHINA;
Atkins Limited, Epsom, UNITED
KINGDOM; Bridewell Consulting Ltd,
Reading, UNITED KINGDOM; Brunei
Shell Petroleum Company Sendirian
Berhad, Seria, BRUNEI; Chameleon
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74762
Federal Register / Vol. 85, No. 226 / Monday, November 23, 2020 / Notices
Consulting Group, L.L.C., Leesburg, VA;
CloudReplica, Houston, TX; CS
Communication & Systems, Inc., East
Hartford, CT; Cyient, Inc., Melbourne,
FL; dataVediK LLC, Houston, TX;
Digital Petroleum LLC; Moscow,
RUSSIAN FEDERATION; Easthome
Beijing Consulting & Service Co., LTD,
Beijing, PEOPLE’S REPUBLIC OF
CHINA; Edgelox, Duluth, GA; Embassy
of Things, San Diego, CA; GaN
Corporation, Huntsville, AL;
Geoprocesados, SA de CV,
Villahermosa, MEXICO; Hippo Software
Limited, Livingston, UNITED
KINGDOM; i2k Connect Inc, Houston,
TX; INPEX Corporation, Tokyo, JAPAN;
Intertek, Spring, TX; Kansas Geological
Survey, Lawrence, KS; Lyrn,
Copenhagen, DENMARK; MIT Lincoln
Laboratory, Lexington, MA; Mr Doc
SRL, Rome, ITALY; National Institute of
Standards and Technology,
Gaithersburg, MD; New Wave DV,
Minneapolis, MN; NovaTech Process
Solutions, LLC, Owings Mills, MD; OOO
Reksoft Co. Ltd., Moscow, RUSSIAN
FEDERATION; Pacific Star
Communications, Inc., Portland, OR;
Pariveda Solutions, Inc., Dallas, TX;
PJSC Gazprom Neft, St. Petersburg,
RUSSIAN FEDERATION; Questlabs,
Chandigarh, INDIA; Rogerson Kratos,
Irvine, CA; Saab, Inc., East Syracuse,
NY; Tatsoft LLC, Arlington Heights, IL;
Vanke Service Co., Ltd, Shenzhen,
PEOPLE’S REPUBLIC OF CHINA; and
WX Geo Services Sdn. Bhd., Kuala
Lumpur, MALAYSIA, have been added
as parties to this venture.
Also, AGESIC, Montevideo,
URUGUAY; Autopro Grande Prairie,
CANADA; Beijing Pitaya Software
Engineering Technology Center; Beijing,
PEOPLE’S REPUBLIC OF CHINA;
Chinese Culture University, Taipei,
TAIWAN; Electronic Warfare
Associates-Canada, Ltd., Ottawa, ON,
CANADA; GrammaTech, Inc., Ithaca,
NY; Harmonic, Ilminster, UNITED
KINGDOM; Helium Consulting, Pune,
INDIA; Impetus FZE, Dubai, UNITED
ARAB EMIRATES; InProgress sp. z.o.o.,
Krakow, POLAND; Kluger Training,
Bucharest, ROMANIA; KnowNXT,
L.L.C., Dubai, UNITED ARAB
EMIRATES; LRDC Systems LLC,
Alexandria, VA; Momentum
Management Consulting, Camp Hill, PA;
UMBRiO B.V., Rijswijk, THE
NETHERLANDS; Universidad
Iberoamericana, Mexico City, MEXICO;
University of South Florida, St.
Petersburg, FL; VTS, Inc., Folsom, CA;
and White Cloud Software Ltd., Bowen
Island, CANADA have withdrawn as
parties to this venture.
In addition, Praxair, Inc. has changed
its name to Linde, Inc., Tanawanda, NY.
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 TOG intends
to file additional written notifications
disclosing all changes in membership.
On April 21, 1997, TOG 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 13, 1997 (62 FR 32371).
The last notification was filed with
the Department on July 27, 2020. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on August 28, 2020 (85 FR 53399).
Suzanne Morris,
Chief, Premerger and Division Statistics,
Antitrust Division.
[FR Doc. 2020–25722 Filed 11–20–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the National
Cooperative Research and Production
Act of 1993—National Spectrum
Consortium
Notice is hereby given that, on
November 10, 2020, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’),
National Spectrum Consortium (‘‘NSC’’)
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, Qwest Government
Services, Inc. dba CenturyLink QGS,
Herndon, VA; Viavi Solutions, Inc.,
Germantown, MD; Sierra Nevada
Corporation, Sparks, ND; Boonton
Electronics, A Wireless Telecom Group
Company, Parsippany, NJ; QinetiQ, Inc.,
Lorton, VA; Rampart Communications,
Inc., Hanover, MD; Red Hat Professional
Consulting, Inc., Raleigh, NC; CTIA-The
Wireless Association, Washington, DC;
PathFinder Digital, LLC, Sanford, FL;
Aarna Networks, Inc., San Jose, CA;
James River Design & MFG LLC DBA
Avcom of Virginia North Chesterfield,
VA; M2 Technology, Inc., San Antonio,
TX; Mercury Systems, Inc. Andover,
MA; Vision Engineering Solutions, Inc.,
Merritt Island, FL; Vitruvian Labs, LLC,
Havre De Grace, MD; Emerging
Technology Ventures, Inc., Alamogordo,
NM; John Mezzalingua Associates, LLC
(JMA), Liverpool, NY; Connected
Devices LLC (Applied Data Decisions),
Chapel Hill, NC; NetObjex Inc, Santa
Ana, CA; Mentor Graphics Corporation,
Wilsonville, OR; Techximius Corp,
Joppa, MD; Cohere Technologies, Inc.,
Santa Clara, CA; GenOne Technologies
LLC, Cambridge, MA; TITENN, Inc.,
Oviedo, FL; Paul Christoforou dba
Lociva, Haymarket, VA; and Aperio
Global, LLC, Reston, VA have been
added as parties to this venture.
Also, X–COM Systems LLC Reston,
VA; Aspen Consulting Group,
Manasquan, NJ; AVANTech Inc,
Columbia, SC; Institute for Building
Technology and Safety (IBTS), Ashburn,
VA; Power Fingerprinting Inc., Vienna,
VA; and Sentrana, Arlington, VA have
withdrawn from 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 NSC intends
to file additional written notifications
disclosing all changes in membership.
On September 24, 2014, NSC 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 November 4, 2014 (72 FR 65424).
The last notification was filed with
the Department on July 13, 2020. A
notice was published in the Federal
Register pursuant to Section 6(b) of the
Act on July 31, 2020 (85 FR 46178).
Suzanne Morris,
Chief, Premerger and Division Statistics
Antitrust Division.
[FR Doc. 2020–25718 Filed 11–20–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to The National
Cooperative Research and Production
Act of 1993—Telemanagement Forum
Notice is hereby given that, on
October 30, 2020, pursuant to Section
6(a) of the National Cooperative
Research and Production Act of 1993,
15 U.S.C. 4301 et seq. (‘‘the Act’’), TM
Forum, A New Jersey Non Profit
Corporation (‘‘The Forum’’) 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
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