79218 Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices 

purportedly infringe one or more of the 

asserted claims of the ’223 patent and 

U.S. Patent Nos. 8,587,404 (‘‘the ’404 

patent’’) and 6,741,052 (‘‘the ’052 

patent’’). Id. The Commission’s notice of 

investigation named Nortek as 

respondents. Id. The Office of Unfair 

Import Investigations was not named as 

a party to this investigation. See id. 

The Commission subsequently 

terminated the investigation with 

respect to certain patent claims 

withdrawn by CGI. See Order No. 16 

(Feb. 5, 2019), unreviewed by Comm’n 

Notice (March 6, 2019); Order No. 27 

(June 7, 2019), unreviewed by Comm’n 

Notice (June 27, 2019); Order No. 31 

(July 30, 2019), unreviewed by Comm’n 

Notice (Aug. 19, 2019); Order No. 32 

(Sept. 27, 2019), unreviewed by Comm’n 

Notice (Oct. 17, 2019). 

On June 5, 2019, the presiding 

administrative law judge (‘‘ALJ’’) issued 

a Markman order (Order No. 25) 

construing the claim terms in dispute. 

On December 12, 2018, CGI filed a 

motion for summary determination that 

it satisfied the economic prong of the 

domestic industry requirement. Nortek 

opposed the motion. On June 6, 2019, 

the ALJ issued a notice advising the 

parties that the motion would be 

granted and a formal written order 

would be issued later. Order No. 26 

(June 6, 2019). 

The ALJ held an evidentiary hearing 

on the issues in dispute on June 10–14, 

2019. 

On November 25, 2019, the ALJ 

issued Order No. 38, finding no issue of 

material fact that CGI’s investments in 

labor and capital relating to its domestic 

industry products were ‘‘significant’’ 

and that CGI has satisfied the economic 

prong of the domestic industry 

requirement pursuant to Section 

337(a)(3)(B) (19 U.S.C. 1337(a)(3)(B)). 

Order No. 38 (Nov. 25, 2019). Order No. 

38 also finds that genuine issues of 

material fact precluded entry of 

summary determination with respect to 

CGI’s investments in plant and 

equipment, under Section 337(a)(3)(A) 

(19 U.S.C. 1337(a)(3)(A)). Id. 

On the same date, the ALJ issued the 

final Initial Determination on Violation 

of Section 337 (‘‘Final ID’’) and 

Recommended Determination on 

Remedy and Bond (‘‘RD’’), finding no 

violation of Section 337 because the 

asserted claims of the ’223 and ’404 

patents, if valid, are not infringed and 

the asserted claim of the ’052 patent is 

invalid, even if infringed. The RD sets 

forth the ALJ’s recommendations on 

remedy and bond. 

On February 19, 2020, the 

Commission issued a notice of its 

determination to review Order No. 38 

and to partially review the Final ID with 

respect to certain issues relating to each 

of the three asserted patents. 85 FR 

10723–26 (Feb. 25, 2020). The 

Commission directed the parties to brief 

questions on violation and requested 

briefing from the parties, the public, and 

any interested government entities on 

remedy, the public interest, and 

bonding. Id. at 10725. The parties 

submitted initial responses and replies 

in response to the notice. The 

Commission did not receive any 

comments from third parties in response 

to its notice. 

On April 22, 2020, the Commission 

issued a determination finding no 

violation with respect to the ’404 and 

’052 patents. Comm’n Notice at 3 (April 

22, 2020). The Commission also vacated 

Order No. 38 and remanded the 

economic prong issue to the presiding 

ALJ for further proceedings while the 

Commission continued to review issues 

relating to the ’223 patent. Id.; Order 

Vacating and Remanding Order No. 38 

(April 22, 2020) (‘‘Remand Order’’). 

On May 15, 2020, the ALJ issued 

Order No. 39, seeking additional 

information from the parties in light of 

the Commission’s Remand Order. Order 

No. 39 (May 15, 2020). On July 10, 2020, 

the ALJ issued the subject Remand 

Initial Determination (‘‘Remand ID’’), 

finding that CGI has made significant 

investments, both quantitatively and 

qualitatively, in plant and equipment 

and labor and capital, pursuant to 

Section 337(a)(3)(A) and (B) (19 U.S.C. 

1337(a)(3)(A), (B)), respectively. 

Remand ID (July 10, 2020). The Remand 

ID concludes that CGI has satisfied the 

economic prong of the domestic 

industry requirement in relation to the 

’223 patent, pursuant to Sections 

337(a)(3)(A) and (B). Id. 

On July 20, 2020, Nortek filed a 

petition for review of the Remand ID. 

CGI filed its opposition to Nortek’s 

petition for review on July 27, 2020. On 

September 9, 2020, the Commission 

determined to review the Remand ID 

and directed the parties to brief a 

number of questions with respect to the 

economic prong of the domestic 

industry requirement. 85 FR 57249–51 

(Sept. 15, 2020). The Commission also 

allowed the parties to update their prior 

submissions on remedy, the public 

interest, and bonding, if necessary, and 

invited interested government entities 

and other interested parties to file 

written submissions on those issues as 

well. Id. at 57251. 

The parties filed their initial 

responses to the Commission’s 

questions on September 23, 2020. The 

parties filed their respective replies on 

September 30, 2020. The Commission 

did not receive any comments from 

third parties in response to its notice. 

Having reviewed the Remand ID, the 

parties’ submissions, and the evidence 

of record, the Commission has 

determined to find that Nortek violated 

Section 337 with respect to the ’223 

patent. In particular, the Commission 

finds that Nortek infringed claims 1 and 

21 of the ’223 patent; CGI practiced at 

least claim 1 of the patent; and CGI 

satisfied the economic prong of the 

domestic industry requirement with 

respect to the ’223 patent under both 

Sections 337(a)(3)(A) and (B). The 

Commission has determined to issue a 

limited exclusion order and cease and 

desist orders against each Nortek 

respondent and to impose a bond in the 

amount of 100 percent of the entered 

value of the covered products during the 

period of Presidential review. The 

Commission has further determined that 

the statutory public interest factors do 

not preclude issuance of a remedy. The 

investigation is hereby terminated. 

The Commission voted to approve 

these determinations on December 3, 

2020. 

The authority for the Commission’s 

determinations 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: December 3, 2020. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2020–27010 Filed 12–8–20; 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—Electrified Vehicle and 

Energy Storage Evaluation 

Notice is hereby given that, on 

December 1, 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’’), 

Electrified Vehicle and Energy Storage 

Evaluation (‘‘EVESE’’) 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. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Notices 79219 

Specifically, ANSYS, Inc., Canonsburg, 

PA, has been added as a party 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 EVESE 

intends to file additional written 

notifications disclosing all changes in 

membership. 

On September 24, 2020, EVESE 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 October 15, 2020 (85 

FR 65423). 

The last notification was filed with 

the Department on October 20, 2020. A 

notice was published in the Federal 

Register pursuant to section 6(b) of the 

Act on November 19, 2020 (85 FR 

73750). 

Suzanne Morris, 

Chief, Premerger and Division Statistics, 

Antitrust Division. 

[FR Doc. 2020–26975 Filed 12–8–20; 8:45 am] 

BILLING CODE 4410–11–P 

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 

November 18, 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’’), 

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, Abram Scientific, Inc., 

Menlo Park, CA; Accenture Federal 

Services, Arlington, VA; Ace 

Laboratories Inc., Yarrow Point, WA; 

Aceso Plasma, Virginia Beach, VA; ACF 

Technologies, Inc, Asheville, NC; 

Action Medical Technologies LLC, 

Conshohocken, PA; Acuity Systems, 

LLC, Herndon, VA; Aerpio 

Pharmaceuticals, Cincinnati, OH; 

AirStrip Technologies, San Antonio, 

TX; Airway Medical Innovations Pty 

Ltd, Brisbane Queensland, AUS; 

Aktivax, Inc., Broomfield, CO; Allvivo 

Vascular, Inc., Lake Forest, CA; 

Altimmune, Inc., Gaithersburg, MD; 

Amydis, Inc., San Diego, CA; Aptahem 

AB, Malmo, SWE; Aptive Resources, 

LLC, Alexandria, VA; ARD Global LLC, 

McLean, VA; Articulate Labs, Dallas, 

TX; Ashvattha Therapeutics, Inc, 

Redwood City, CA; Astrocyte 

Pharmaceuticals Inc., Cambridge, MA; 

Asymmetric Technologies, LLC, 

Columbus, OH; Athena GTX, Johnston, 

IA; Atomo, Inc, West Lake Hills, TX; 

Augusta University Resarch lnstitute, 

Inc., Augusta, GA; Augustine 

Consulting, Inc. (ACI), Monterrey, CA; 

Auxocell Laboratories, Inc, Cambridge, 

MA; Avera Health, Sioux Falls, SD; 

Bambu Vault, LLC, Lowell, MA; Berry 

Consultants, LLC, Austin, TX; Beyond 

Barriers Therapeutics, Inc., Glencoe, IL; 

Bioflight, LLC, Akron, OH; 

BioGenerator, Saint Louis, MO; Biotags 

LLC, Key Biscayne, FL; Blue Cirrus 

Consulting LLC, Greenville, SC; Board 

of Trustees of the University of Illinois, 

Champaign, IL; Brainbox Solutions Inc., 

Richmond, VA; CAPRICOR 

THERAPEUTICS, INC., Beverly, CA; 

Carahsoft Technology Corporation, 

Reston, VA; Centivax, Inc., South San 

Francisco; Ceras Health Inc., New York, 

NY; Channel Clinical Solutions, LLC, 

Raleigh, NC; Chenega Reliable Services, 

LLC, San Antonio, TX; Cherish Health, 

Inc., Cambridge, MA; Clarkson 

University, Potsdam, NY; Coalition for 

National Trauma Research, San 

Antonio, TX; Computer Technology 

Associates, Inc., Ridgecrest, CA; Conflict 

Kinetics Corporation, Sterling, VA; Core 

Mobile Networks Inc.; DBA Core Mobile 

Inc., Campbell, CA; Crimson 

Government LLC, Carlisle, OH; Curza 

Global, LLC, Salt Lake City, UT; Data 

Intelligence Technologies, Inc., 

Arlington, VA; DEFTEC Corporation, 

Huntsville, AL; Digital For Mental 

Health (MYNDBLUE), Paris, FRA; 

Diomics Corporation, Murrietta, CA; 

DocBox Inc., Waltham, MA; EchoNous 

Inc., Redmond, WA; ECI Defense Group, 

Lyles, TN; Empatica, Inc., Boston, MA; 

Endomedix Inc., Montclair, NJ; 

Etiometry Inc., Boston, MA; Eumentis 

Therapeutics Inc, Newton, MA; Exciton 

Technologies Inc., Edmonton, Alberta, 

CAN; Expesicor Inc., Missoula, MT; 

FesariusTherapeutics Inc., Brooklyn, 

NY; FHI Clinical Inc., Durham, NC, 

Fitbit, Inc., San Franciso, CA; Flashback 

Technologies, Inc., Louisville, CO; 

FloTBI Inc., Cleveland, OH; FUJIFILM 

Pharmaceuticals USA, Inc., Valhalla, 

NY; GelMEDIX Inc., Newton, MA; 

GeneCapture, Inc., Huntsville, AL; 

General Biologics Inc., Cambridge, MA; 

Get Help Now LLC, Fort Myers, FL; 

GreyScan Inc., Melbourne, FL; Heat 

Biologics, Morrisville, NC; Hememics 

Biotechnologies Inc, Gaithersburg, MD; 

Hough Ear Institute, Oklahoma City, 

OK; Humanetics Corporation, Edina, 

MN; Hybrid Plastics Inc., Hattiesburg, 

MS; Iacta Pharmaceuticals Inc, Irvine, 

CA; Ichor Sciences, LLC, Nashville, TN; 

ImmunoVation, LLC, Pasadena, CA; 

INCELL Corporation LLC, San Antonio, 

TX; Infectious Disease Research 

Institute, Seattle, WA; Inflammatory 

Response Research Inc., Santa Barbara, 

CA; Informa Business Intelligence Inc., 

New York, NY; Inhalon Biopharma, Inc., 

Durham, NC; Innovenn, Inc., Madison, 

WI; Innsightful, Inc., Sunnyvale, CA; 

Integrated Computer Solutions, Inc., 

Waltham, MA; InTouch Technologies, 

D/B/A Inc. InTouch Health, Goleta, CA; 

J.R. Reingold & Associates, Inc, 

Alexandria, VA; JTEK Data Solutions, 

LLC, Bethesda, MD; KMASS 

SOLUTIONS, El Paso, TX; Knowmadics, 

Inc., Herndon, VA; Level Ex, Inc., 

Chicago, IL; LifeQ, Inc, Alphaertta, GA; 

LMI Consulting, LLC, Tysons, VA; 

LOGGEREX INC., Deland, FL; Lumen 

Bioscience, Inc., Seattle, WA; Luna 

Innovations Incorporated, Roanoke, VA; 

MadApparel Ind. DBA Athos, Redwood 

City, CA; ManTech Advanced Systems 

International, Inc., Herndon, VA; Mantel 

Technologies Inc., Fort Collins, CO; 

Masimo Corporation, Irvine, CA; 

Materials Modification Inc., Fairfax, VA; 

Medcura, Inc., Riverdale, MD; Media 

Riders Inc., Pearland, TX; Medical 

Center of the Americas Foundation, El 

Paso, TX; Medicortex Finland Oy, 

Turku, FIN; Medtrade Products Limited, 

Crew, Cheshire, GBR; MEMBIO INC., 

Kitchener, CAN; Mespere LifeSciences 

Inc., Waterloo, Ontario, CAN; 

MicroHealth, LLC, Vienna, VA; 

Microsoft, Redmon, VA; Millennium 

Enterprise Corporation, Fairfax, VA; 

Mineurva LLC, Albuquerque, NM; 

Moberg Analytics Inc., Ambler, PA; 

Moleculin Biotech, Inc., Houston, TX; 

Nanowear Inc., New York, NY; 

Neuronasal Inc, Wexford, PA; 

Neuronoff, Inc., Valencia, CA; New 

Horizons Diagnostics Corporation, 

Baltimore, MD; New Jersey Institute of 

Technology, Newark, NJ; NoMo 

Diagnostics, Chicago, IL; Non-Invasive 

Medical Systems LLC, Stamford, CT; 

North Carolina State University, 

Raleigh, NC; Northwestern University, 

Evanson, IL; Nostromo, LLC, 

Kennebunk, ME; Nuada Orthopedics, 

Inc., Sherborn, MA; Nyrada Inc., 

Gordon, AUS; Obatala Sciences, Inc., 

New Orleans, LA; Oculogica, Inc., New 

York, NY; Odin Technologies, Chicago, 

IL; OLGS Inc., Imperial, PA; Oregon 

Health & Science University, Portland, 

OR; Otolith Labs, Washington, DC; 


jbell on DSKJLSW7X2PROD with NOTICES