0P5
`6573
`Federal Register/Vol. 85, No. 24/Wednesday, February 5, 2020/ Notices
`
`International Trade Commission, 500 E
`Street SW, Washington, DC 20436,
`telephone (202) 205—2000. General
`information concerning the Commission
`may also be obtained by accessing its
`internet server (https://www.usitc.gov).
`The public record for this investigation
`may be viewed on the Commission’s
`Electronic Docket Information System
`(“EDIS”) (https://edis.usitcgov).
`Hearing-impaired persons are advised
`that information on this matter can be
`
`obtained by contacting the
`Commission’s TDD terminal, telephone
`(202) 205—1810.
`SUPPLEMENTARY INFORMATION: Section
`337 of the Tariff Act of 1930 (“Section
`337”) provides that if the Commission
`finds a violation it shall exclude the
`articles concerned from the United
`States:
`
`unless, after considering the effect of such
`exclusion upon the public health and
`welfare, competitive conditions in the United
`States economy, the production of like or
`directly competitive articles in the United
`States, and United States consumers, it finds
`that such articles should not be excluded
`from entry.
`
`19 U.S.C. 1337(d)(1). A similar
`provision applies to cease and desist
`orders. 19 U.S.C. 1337(f)(1).
`The Commission is interested in
`
`further development of the record on
`the public interest in this investigation.
`Accordingly, members of the public are
`invited to file submissions of no more
`
`than five (5) pages, inclusive of
`attachments, concerning the public
`interest in light of the ALJ’s
`recommended determination on remedy
`and bonding issued in this investigation
`on January 28, 2020. Comments should
`address whether issuance of the
`recommended remedial orders in this
`
`investigation would affect the public
`health and welfare in the United States,
`competitive conditions in the United
`States economy, the production of like
`or directly competitive articles in the
`United States, or United States
`consumers.
`
`In particular, the Commission is
`interested in comments that:
`
`(i) Explain how the articles
`potentially subject to the recommended
`remedial orders are used in the United
`States;
`(ii) identify any public health, safety,
`or welfare concerns in the United States
`
`relating to the recommended remedial
`orders;
`(iii) identify like or directly
`competitive articles that complainants,
`their licensees, or third parties make in
`the United States which could replace
`the subject articles if they were to be
`excluded;
`
`(iv) indicate whether complainants,
`complainants’ licensees, and/ or third
`party suppliers have the capacity to
`replace the volume of articles
`potentially subject to the recommended
`remedial orders within a commercially
`reasonable time; and
`(v) explain how the recommended
`remedial orders would impact
`consumers in the United States.
`Written submissions must be filed no
`
`later than by close of business on March
`2, 2020. Persons filing written
`submissions must file the original
`document electronically on or before the
`deadlines stated above and submit 8
`
`true paper copies to the Office of the
`Secretary by noon the next day pursuant
`to section 210.4(f) of the Commission’s
`Rules of Practice and Procedure (19 CFR
`210.4(f)). Submissions should refer to
`the investigation number (“Inv. No.
`337—TA—1140”) in a prominent place on
`the cover page and/or the first page. (See
`Handbook for Electronic Filing
`Procedures, https://mwnusitc.gov/
`secretary/documents/handbook_on_
`filing_procedures.pdf.). Persons with
`questions regarding filing should
`contact the Secretary (202—205—2000).
`Any person desiring to submit a
`document to the Commission in
`
`confidence must request confidential
`treatment. All such requests should be
`directed to the Secretary to the
`Commission and must include a full
`
`statement of the reasons why the
`Commission should grant such
`treatment. See 19 CFR 201.6. Documents
`
`for which confidential treatment by the
`Commission is properly sought will be
`treated accordingly. All information,
`including confidential business
`information and documents for which
`
`confidential treatment is properly
`sought, submitted to the Commission for
`purposes of this Investigation may be
`disclosed to and used: (i) By the
`Commission, its employees and Offices,
`and contract personnel (a) for
`developing or maintaining the records
`of this or a related proceeding, or (b) in
`internal investigations, audits, reviews,
`and evaluations relating to the
`programs, personnel, and operations of
`the Commission including under 5
`U.S.C. Appendix 3; or (ii) by U.S.
`government employees and contract
`personnel, solely for cybersecurity
`purposes. All contract personnel will
`sign appropriate nondisclosure
`agreements. All non-confidential
`written submissions will be available for
`
`public inspection at the Office of the
`Secretary and on EDIS.
`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
`2 1 0).
`
`By order of the Commission.
`Issued: January 30, 2020.
`Lisa Barton,
`Secretary to the Commission.
`[FR Doc. 2020—02168 Filed 2—4—20; 8:45 am]
`BILLING CODE 1020—02—P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337—TA—1 120]
`
`Certain Human Milk Oligosaccharides
`and Methods of Producing the Same;
`Commission Decision To Review in
`Part a Final Initial Determination
`
`Finding a Violation of Section 337;
`Schedule for Filing Written
`Submissions on the Issues Under
`Review and on Remedy, the Public
`Interest, and Bonding
`AGENCY: U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that
`the U.S. International Trade
`Commission has determined to review
`
`in part a final initial determination
`(“FlD”) of the presiding administrative
`law judge (“ALI”) finding a violation of
`section 337 of the Tariff Act of 1930, as
`amended. The Commission requests
`briefing from the parties on certain
`issues under review, as set forth in this
`notice. The Commission also requests
`briefing from the parties, interested
`persons, and government agencies on
`the issues of remedy, the public interest,
`and bonding.
`FOR FURTHER INFORMATION CONTACT:
`Houda Morad, Office of the General
`Counsel, U.S. International Trade
`Commission, 500 E Street SW,
`Washington, DC 20436, telephone (202)
`708—4716. Copies of non-confidential
`documents filed in connection with this
`
`investigation are or will be available for
`inspection during official business
`hours (8:45 am. to 5:15 pm.) in the
`Office of the Secretary, U.S.
`International Trade Commission, 500 E
`Street SW, Washington, DC 20436,
`telephone (202) 205—2000. General
`information concerning the Commission
`may also be obtained by accessing its
`internet server at https://www.usitc.gov.
`The public record for this investigation
`may be viewed on the Commission’s
`electronic docket (EDIS) at https://
`edis. usitc.gov. Hearing-impaired
`persons are advised that information on
`this matter can be obtained by
`
`

`

`6574
`Federal Register/Vol. 85, No. 24/ Wednesday, February 5, 2020/ Notices
`
`contacting the Commission’s TDD
`terminal on (202) 205—1810.
`SUPPLEMENTARY INFORMATION: The
`
`Commission instituted this investigation
`on June 21, 2018, based on a complaint,
`as amended and supplemented, filed on
`behalf of Glycosyn LLC of Waltham,
`Massachusetts (“Glycosyn”). See 83 FR
`28865 (Iune 21, 2018). The complaint,
`as amended and supplemented, alleges
`violations of section 337 of the Tariff
`Act of 1930, as amended, 19 U.S.C. 1337
`(“section 337”), based upon the
`importation into the United States, the
`sale for importation, and the sale within
`the United States after importation of
`certain human milk oligosaccharides by
`reason of infringement of claims 1—40 of
`U.S. Patent No. 9,453,230 (“the ’230
`patent”) and claims 1—28 of U.S. Patent
`No. 9,970,018 (“the ’018 patent”). See
`id. The notice of investigation named
`Iennewein Biotechnologie GmbH
`(“Iennewein”) of Rheinbreitbach,
`Germany as a respondent in this
`investigation. See id. The Office of
`Unfair Import Investigations (“OUII”) is
`also named as a party to the
`investigation. See id.
`On August 9, 2018, the AL} partially
`terminated the investigation as to claims
`4—7, 9—12, 14, 23—26, 28—31, 33, and 39—
`40 of the ’230 patent and claims 6, 7, 9,
`11, 13—17, 19, and 22 of the ’018 patent
`based on the withdrawal of the
`
`allegations pertaining to those claims.
`See Order No. 5 (Aug. 9, 2018),
`unreviewed, Comm’n Notice (Aug. 29,
`2018). On October 30, 2018, the AL]
`partially terminated the investigation as
`to claims 1—3, 8, 13, and 15—20 of the
`’230 patent based on the withdrawal of
`the allegations pertaining to those
`claims. See Order No. 15 (Oct. 30, 2018),
`unreviewed, Comm’n Notice (Nov. 29,
`2018). On November 19, 2018, the AL]
`partially terminated the investigation as
`to claim 27 of the ’230 patent and claims
`4, 20, and 21 of the ’018 patent based
`on the withdrawal of the allegations
`pertaining to those claims. See Order
`No. 17 (Nov. 19, 2018), unreviewed,
`Comm’n Notice (Dec. 12, 2018). On
`February 8, 2018, the AL] partially
`terminated the investigation as to claims
`21,22, 32, and 34—38 of the ’230 patent
`based on the withdrawal of the
`
`allegations pertaining to those claims.
`See Order No. 25 (Feb. 8, 2019),
`unreviewed, Comm’n Notice (Feb. 28,
`2019). Claims 1—3, 5, 8, 10,12, 18, and
`23—28 of the ’018 patent remain pending
`in this investigation.
`The AL] conducted an evidentiary
`hearing on May 14—17, 2019, and on
`September 9, 2019, issued the FID
`finding a violation of section 337 based
`on the infringement of claims 1—3, 5, 8,
`
`10, 12, 18, and 24—28 of the ’018 patent.
`In addition, the FID finds that the
`asserted claims are neither invalid
`under 35 U.S.C. 103 and 112, nor
`unenforceable for inequitable conduct.
`Furthermore, the FID finds that the
`domestic industry requirement is
`satisfied. The FID also contains a
`recommended determination (“RD”)
`recommending that the Commission
`issue a limited exclusion order (“LEO”)
`barring entry of articles that infringe the
`’018 patent. The RD also recommends
`that the Commission impose a 5% bond
`during the period of Presidential review.
`Furthermore, as directed by the
`Commission, the RD provides findings
`with respect to the public interest and
`recommends that the Commission
`
`determine that the public interest
`factors do not preclude entry of the
`LED.
`
`On September 23, 2019, Iennewein
`and OUII filed petitions for review of
`the FID. On October 1, 2019, Glycosyn
`and OUII filed responses to Iennewein’s
`and the IA’s petitions.
`Having examined the record of this
`investigation, including the FID, the RD,
`and the parties’ submissions, the
`Commission has determined to review
`
`the FID in part. Specifically, the
`Commission has determined to review
`
`the FID’s infringement findings with
`respect to Iennewein’s bacterial strains
`adjudicated in this investigation. In
`addition, the Commission has
`determined to review the FID’s decision
`
`not to adjudicate infringement as to
`Jennewein’s alternative bacterial strain,
`the TTFL12 strain. The Commission has
`determined not to review the remainder
`of the FID.
`
`In connection with its review, the
`Commission requests written responses
`regarding the following inquiries:
`1. Assuming that the Commission
`determines to adjudicate infringement
`with respect to Jennewein’s TTFL12
`bacterial strain, please provide your
`position, with support from the
`evidentiary record, as to whether the
`TTFL12 strain infringes or does not
`infringe the asserted patent claims.
`2. Should the Commission adjudicate
`infringement with respect to Jennwein’s
`alternative strain? Is the Commission’s
`
`determination of whether to adjudicate
`an alternative or redesigned product a
`legal question, a factual question, a
`mixed question of law or fact, an
`exercise of discretion, or something
`else?
`3. Is the TTFL12 strain within the
`
`scope of the investigation? What criteria
`and evidence normally informs this
`analysis?
`
`4. Does a respondent need to import
`an alternative or redesigned product for
`the product to be adjudicated?
`5. What evidence corroborates
`
`Iennewein’s assertion that the products
`listed in the shipping documents (RX—
`278C and RX—280C) were produced
`with the TTFL12 strain? Please provide
`your answers in a table with citations in
`one column and a brief explanation in
`a second column.
`6. What is the effect of Iennewein’s
`responses to Glycosyn’s request for
`admission? Why has Iennewein failed to
`amend its responses if they are incorrect
`or misleading?
`7. Is the TTFL12 strain sufficiently
`fixed in design? What criteria and
`evidence normally informs this
`analysis? Is there any declaratory
`judgment precedent that is relevant?
`Which party bears the burden of
`showing that an alternative or
`redesigned product is fixed in desi n?
`8. Has the TTFL12 strain been su ject
`to sufficient discovery? What criteria
`and evidence normally informs the
`“sufficient discovery” analysis?
`9. Should the Commission issue
`remedial orders that are directed to the
`
`adjudicated strains (the #1540 and
`#1540 derivative) at this juncture?
`Responses to the above questions
`should not exceed 40 pages, and replies
`should not exceed 20 pages.
`In addition, in connection with the
`final disposition of this investigation,
`the statute authorizes issuance of (1) an
`order that could result in the exclusion
`
`of the subject articles from entry into the
`United States, and/or (2) a cease and
`desist order that could result in the
`
`respondent being required to cease and
`desist from engaging in unfair acts in
`the importation and sale of such
`articles. Accordingly, the Commission is
`interested in receiving written
`submissions that address the form of
`
`remedy, if any, that should be ordered.
`If a party seeks exclusion of an article
`from entry into the United States for
`purposes other than entry for
`consumption, the party should so
`indicate and provide information
`establishing that activities involving
`other types of entry either are adversely
`affecting it or likely to do so. For
`background, see Certain Devices for
`Connecting Computers Via Telephone
`Lines, Inv. No. 337—TA—360, USITC
`Pub. No. 2843, Comm’n Op. at 7—10
`(Dec. 1994).
`The statute requires the Commission
`to consider the effects of any remedy
`upon the public interest. The public
`interest factors the Commission will
`consider include the effect that an
`exclusion order and/or cease and desist
`
`orders would have on (1) the public
`
`

`

`6575
`Federal Register/Vol. 85, No. 24/ Wednesday, February 5, 2020/ Notices
`
`health and welfare, (2) competitive
`conditions in the U.S. economy, (3) U.S.
`production of articles that are like or
`directly competitive with those that are
`subject to investigation, and (4) U.S.
`consumers. The Commission is
`
`therefore interested in receiving written
`submissions that address the
`
`aforementioned public interest factors
`in the context of this investigation.
`If the Commission orders some form
`
`of remedy, the U.S. Trade
`Representative, as delegated by the
`President, has 60 days to approve,
`disapprove, or take no action on the
`Commission’s determination. See
`
`Presidential Memorandum of July 21,
`2005, 70 FR 43251 (July 26, 2005).
`During this period, the subject articles
`would be entitled to enter the United
`States under bond, in an amount
`determined by the Commission and
`prescribed by the Secretary of the
`Treasury. The Commission is therefore
`interested in receiving submissions
`concerning the amount of the bond that
`should be imposed if a remedy is
`ordered.
`Written Submissions: The parties to
`the investigation are requested to file
`written submissions limited to the
`
`briefing questions above. Parties to the
`investigation, interested government
`agencies, and any other interested
`parties are encouraged to file written
`submissions on the issues of remedy,
`the public interest, and bonding. Such
`initial written submissions should
`include views on the recommended
`
`determination by the AL] on remedy,
`the public interest, and bonding.
`Complainant and the Commission
`Investigative Attorney are also requested
`to identify the form of remedy sought
`and to submit proposed remedial orders
`for the Commission’s consideration in
`their initial written submissions.
`
`Complainant is further requested to
`state the date that the asserted patent
`expires and the HTSUS numbers under
`which the accused products are
`imported, and to supply the names of
`known importers of the products at
`issue in this investigation.
`Initial written submissions and
`
`proposed remedial orders must be filed
`no later than close of business on
`
`February 18, 2020. Reply submissions
`must be filed no later than the close of
`
`business on February 25, 2020 and must
`be limited to issues raised in the initial
`written submissions. No further
`
`submissions on any of these issues will
`be permitted unless otherwise ordered
`by the Commission.
`Persons filing written submissions
`must file the original document
`electronically on or before the deadlines
`stated above and submit eight (8) true
`
`paper copies to the Office of the
`Secretary by noon the next day pursuant
`to section 210.4(f) of the Commission’s
`Rules of Practice and Procedure (19 CFR
`210.4(f)). Submissions should refer to
`the investigation number (“Inv. No.
`337—TA—1120”) in a prominent place on
`the cover page and/ or the first page. (See
`Handbook for Electronic Filing
`Procedures, https://www.usitc.gov/
`documents/handbook_on_fi11'ng_
`procedurespdf). Persons with questions
`regarding filing should contact the
`Secretary (202—205—2000).
`Any person desiring to submit a
`document to the Commission in
`
`confidence must request confidential
`treatment. All such requests should be
`directed to the Secretary to the
`Commission and must include a full
`
`statement of the reasons why the
`Commission should grant such
`treatment. See 19 CFR 201.6. Documents
`
`for which confidential treatment by the
`Commission is properly sought will be
`treated accordingly. All information,
`including confidential business
`information and documents for which
`
`confidential treatment is properly
`sought, submitted to the Commission for
`purposes of this Investigation may be
`disclosed to and used: (i) By the
`Commission, its employees and Offices,
`and contract personnel (a) for
`developing or maintaining the records
`of this or a related proceeding, or (b) in
`internal investigations, audits, reviews,
`and evaluations relating to the
`programs, personnel, and operations of
`the Commission including under 5
`U.S.C. Appendix 3; or (ii) by U.S.
`government employees and contract
`personnel,1 solely for cybersecurity
`purposes. All non-confidential written
`submissions will be available for public
`inspection at the Office of the Secretary
`and on EDIS.
`
`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: January 30, 2020.
`Lisa Barton,
`
`Secretazy to the Commission.
`[FR Doc. 2020—02178 Filed 2—4—20; 8:45 am]
`BILLING CODE 7020-02-P
`
`1 All contract personnel will sign appropriate
`nondisclosure agreements.
`
`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
`January 14, 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”),
`TeleManagement Forum (“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
`antitrust plaintiffs to actual damages
`under specified circumstances.
`Specifically, the following entities
`have become members of the Forum:
`
`Adad, Sophia Antipolis, FRANCE;
`Beijing chbic Technology Co. Limited
`Company, Beijing, PEOPLE’S REPUBLIC
`OF CHINA; BMC Software, Inc.,
`Houston, TX; Cartesian Inc., Overland
`Park, KS; Cellwize Wireless
`Technologies Pte. Ltd., Tel Aviv,
`ISRAEL; Cloudlite, Moscow, RUSSIA;
`Colt Technology Services Group
`Limited, London, UNITED KINGDOM;
`DNA Plc, Kuopio, FINLAND; Equinix,
`Inc, Tampa, FL; IoT Lab, Geneva,
`SWITZERLAND; M1 Limited,
`Singapore, SINGAPORE; Multichoice
`Support Services (Pty) Ltd, Randburg,
`SOUTH AFRICA; ProximaX, Singapore,
`SINGAPORE; TDS Telecommunications
`LLC, Madison, WI; Telecom Namibia
`Limited, Windhoek, NAMIBIA; Telenor
`Myanmar Limited, Yangon,
`MYANMAR; The Libyan International
`Telecommunication Company, Tripoli,
`LIBYA; Total Access Communication
`Public Company Limited, Bangkok,
`THAILAND; Universitas Multimedia
`Nusantara, Tangerang, INDONESIA;
`Unryo Inc., Laval, CANADA; Veschatel
`LLC, Perm, RUSSIA; Webcircles BV,
`Oosterbeek, NETHERLANDS;
`WorkSpan, Foster City, CA; ZDSL.com,
`Kuala Lumpur, MALAYSIA.
`Also, the following members have
`changed their names: ArchiTelco to EA-
`Workings B.V., Winchester, UNITED
`KINGDOM; Black Tangent Pte. Ltd. to
`Telecta Pte. Ltd., Singapore,
`SINGAPORE; GDi GISDATA LLC to GDi
`LLC, Zagreb, CROATIA; SigScale Global
`Inc. to SigScale, Toronto, CANADA;
`Telenor Myanmar to Telenor Myanmar
`Limited, Yangon, MYANMAR; T-Mobile
`Austria GmbH to Magenta Telekom,
`Vienna, AUSTRIA; WeDo Technologies
`to Mobileum Inc., Cupertino, CA.
`
`