Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices 7415 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to 

terminate the investigation on remand 

from the U.S. Court of Appeals for the 

Federal Circuit (‘‘Federal Circuit’’) due 

to mootness. 

FOR FURTHER INFORMATION CONTACT: 

Clint Gerdine, Esq., Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

708–2310. General information 

concerning the Commission may also be 

obtained by accessing its internet server 

at http://www.usitc.gov. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at http://edis.usitc.gov. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted this investigation 

on May 26, 2016, based on a complaint 

filed on behalf of Razor USA LLC of 

Cerritos, California; and Inventist, Inc. 

and Shane Chen, both of Camas, 

Washington (collectively, ‘‘Razor’’). 81 

FR 33548–49. The complaint alleged, 

inter alia, violations of section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, by reason of infringement 

of certain claims of U.S. Patent No. 

8,738,278 (‘‘the ’278 patent’’). The 

Commission’s notice of investigation 

named twenty-eight respondents. The 

Office of Unfair Import Investigations 

(‘‘OUII’’) also participated in the 

investigation. Id. Nine respondents 

(‘‘the remaining respondents’’) remained 

active in the investigation after every 

other respondent had been terminated 

from the investigation based on a 

consent order, good cause, or else had 

been found in default. These remaining 

respondents included Hangzhou Chic 

Intelligent Co., Ltd. (‘‘Chic’’) of 

Hangzhou, China; Swagway, LLC 

(‘‘Swagway’’) of South Bend, Indiana; 

Modell’s Sporting Goods, Inc. 

(‘‘Modell’s’’) of New York City, New 

York; Powerboard a.k.a. Optimum 

Trading Co. (‘‘Powerboard’’) of Hebron, 

Kentucky; United Integral, Inc. dba 

Skque Products of Irwindale, California; 

Alibaba Group Holding Ltd. of 

Causeway Bay, Hong Kong and 

Alibaba.com Ltd. of Hangzhou, China 

(collectively, ‘‘Alibaba’’); Jetson Electric 

Bikes LLC (‘‘Jetson’’) of New York City, 

New York; and Newegg, Inc. 

(‘‘Newegg’’) of City of Industry, 

California. On the same day that the 

Commission instituted this 

investigation, Razor sought reissue of 

the asserted ’278 patent. 

On May 26, 2017, the presiding 

administrative law judge (‘‘ALJ’’) issued 

a final ID finding no violation of section 

337. The ID found that none of the 

remaining respondents’ accused 

products infringes the asserted ’278 

patent claims, but that all of the 

defaulting respondents’ accused 

products infringe the asserted claims 

based on allegations in the complaint. 

The ID also found that the technical 

prong of the domestic industry 

requirement was not satisfied. 

On July 28, 2017, the Commission 

determined to review (1) the ID’s 

finding that the Commission has no 

jurisdiction over Alibaba, and (2) the 

ID’s analysis of infringement by the 

defaulting respondents. See Comm’n 

Notice of Review (July 28, 2017). On 

review, the Commission determined to 

(1) take no position on the ID’s finding 

that it has no jurisdiction over Alibaba; 

and (2) vacate the ID’s infringement 

finding as to the defaulting respondents 

as moot in view, inter alia, of the 

domestic industry determination. Id. at 

3–4. The Commission determined not to 

review the remainder of the ID and 

therefore issued its final determination 

of no Section 337 violation and 

terminated the investigation. Id. 

Razor timely appealed the 

Commission’s final determination to the 

Federal Circuit. During the appeal, the 

reissue application was allowed with 

amended claims that the Commission 

and Intervenor/respondent Chic argued, 

via a motion to dismiss, were not 

‘‘substantially identical’’ to the original 

claims on appeal, and therefore the 

appeal should be dismissed as moot 

under 35 U.S.C. 252. 

On October 16, 2018, the Federal 

Circuit issued an order and mandate 

that remanded the investigation to the 

Commission for further proceedings 

consistent with its ruling. See Razor 

USA LLC v. ITC, Case No. 2017–2591, 

Remand Order at 4 (Oct. 16, 2018). 

Specifically, the Court deemed it 

appropriate for the Commission to have 

the first opportunity to determine 

whether the post-investigation events 

have rendered the case moot or whether 

the case may continue either on the 

original patent claims or reissued claims 

and to conduct any additional 

proceedings as necessary. Id. 

On November 13, 2018, the 

Commission issued an Order requesting 

the parties to provide comments 

concerning what further proceedings are 

appropriate consistent with the Court’s 

judgment, including whether the matter 

should be referred to the ALJ. On 

November 27, 2018, Razor submitted 

comments, six respondents (Chic, 

Swagway, Modell’s, Jetson, Powerboard, 

and New Egg) filed a joint submission, 

and Alibaba filed a separate submission. 

On December 4, 2018, OUII submitted 

comments. On December 10, 2018, these 

parties submitted response comments. 

On September 19, 2019, the 

Commission issued an Order requesting 

the parties to provide written responses 

regarding specific questions concerning 

the effect of the patent reissue. Razor, 

Jetson, four respondents (Chic, 

Swagway, Modell’s, and Newegg), and 

OUII each filed a submission. Each of 

these parties, except Jetson, filed a 

reply. On November 18, 2019, Jetson 

filed a reply to Razor’s reply, but which 

also addressed Razor’s initial 

submission. The Commission has 

determined to accept that submission, 

but only as to the portion that responds 

to Razor’s initial submission. 

Having examined the record of this 

investigation, including the Federal 

Circuit’s Remand Order and the parties’ 

subsequent briefing, the Commission 

terminates this investigation as moot 

pursuant to the Remand Order. The 

Commission has issued an opinion 

explaining the basis for the 

Commission’s determination. 

The Commission vote for this 

determination took place on January 22, 

2021. 

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 22, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–01844 Filed 1–27–21; 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—Subcutaneous Drug 

Development & Delivery Consortium, 

Inc. 

Notice is hereby given that, on 

January 08, 2021, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 

Subcutaneous Drug Development & 

Delivery Consortium, Inc. 

(‘‘Subcutaneous Drug Development & 

7416 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Notices 

Delivery Consortium, Inc.’’) 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, 

Sanofi, Paris, FRANCE, 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 Subcutaneous 

Drug Development & Delivery 

Consortium, Inc. intends to file 

additional written notifications 

disclosing all changes in membership. 

On October 26, 2020, Subcutaneous 

Drug Development & Delivery 

Consortium, Inc. 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 December 3, 2020 (85 FR 78148). 

Suzanne Morris, 

Chief, Premerger and Division Statistics 

Antitrust Division. 

[FR Doc. 2021–01895 Filed 1–27–21; 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—ODVA, Inc. 

Notice is hereby given that, on 

January 14, 2021, 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, KOFLOC Corp., Kyoto, 

JAPAN; Carlo Gavazzi Ltd., Zejtun, 

MALTA; Acuity Brands, Inc., Conyers, 

GA; BBH Products GmbH, Weiden, 

GERMANY; Thermo Gamma-Metrics 

LLC, San Diego, CA; IDEM Safety 

Switches Ltd., Wigan, UNITED 

KINGDOM; Rexnord Industries, LLC, 

Milwaukee, WI; Caterpillar, Inc., 

Deerfield, IL; and AQ M–TECH AB, 

Uppsala, SWEDEN, have been added as 

parties to this venture. 

Also, SAMWON ACT Co., Ltd., 

Busan, SOUTH KOREA; and The 

Controls Group, Inc. dba Logix, 

Kirkland, WA, have withdrawn as 

parties 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 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 September 17, 2020. 

A notice was published in the Federal 

Register pursuant to Section 6(b) of the 

Act on October 15, 2020 (85 FR 65424). 

Suzanne Morris, 

Chief, Premerger and Division Statistics 

Antitrust Division. 

[FR Doc. 2021–01894 Filed 1–27–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—Border Security 

Technology Consortium 

Notice is hereby given that, on 

January 12, 2021, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 

Border Security Technology Consortium 

(‘‘BSTC’’) 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, Carahsoft Technology 

Corporation, Reston, VA; JANTEQ 

Corporation, Irvine, CA; STRAX 

Intelligence Group, Boca Raton, FL; 

goTenna, Inc., Brooklyn, NY; 

International Electronic Machines 

Corporation, Troy, NY; CellAntenna 

Corp., Coral Springs, FL; and Shield AI 

Inc., San Diego, CA, have been added as 

parties to this venture. 

Also, Bruker Detection Corporation, 

Billerica, MA; Innovative Signal 

Analysis, Richardson, TX; Copious 

Imaging LLC, Lexington, MA; IDEMIA 

National Security Solutions, LLC, 

Alexandria, VA; Passport Systems, N. 

Billerica, MA; Planck Aerosystems, Inc., 

San Diego, CA; JANTEQ Corporation, 

Irvine, CA; SRC, Inc., North Syracuse, 

NY; CUBRC, Inc., Buffalo, NY; and 

Tribalco, LLC, Bethesda, MD have 

withdrawn as parties 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 BSTC intends 

to file additional written notifications 

disclosing all changes in membership. 

On May 30, 2012, BSTC 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 18, 2012 (77 FR 36292). 

The last notification was filed with 

the Department on October 21, 2020. A 

notice was published in the Federal 

Register pursuant to section 6(b) of the 

Act on November 19, 2020 (85 FR 

73751). 

Suzanne Morris, 

Chief, Premerger and Division Statistics 

Antitrust Division. 

[FR Doc. 2021–01890 Filed 1–27–21; 8:45 am] 

BILLING CODE 4410–11–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–767] 

Importer of Controlled Substances 

Application: Indigenous Peyote 

Conservation Initiative 

AGENCY: Drug Enforcement 

Administration, Justice. 

ACTION: Notice of application. 

SUMMARY: Indigenous Peyote 

Conservation Initiative has applied to be 

registered as an importer of basic 

class(es) of controlled substance(s). 

Refer to SUPPLEMENTAL INFORMATION

listed below for further drug 

information. 

DATES: Registered bulk manufacturers of 

the affected basic class(es), and 

applicants therefore, may file written 

comments on or objections to the 

issuance of the proposed registration on 

or before March 1, 2021. Such persons 

may also file a written request for a 

hearing on the application on or before 

March 1, 2021. 

ADDRESSES: Written comments should 

be sent to: Drug Enforcement 

Administration, Attention: DEA Federal