Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices 22549 

Washington, DC, and by O ̈ mu ̈r Yarsuvat, 

an attorney in Istanbul, Turkey. The ALJ 

denied Organik Kimya’s motion to 

terminate the investigation based upon 

a consent order stipulation. 

On October 28, 2014, Organik Kimya 

filed a petition for review of the 

sanctions ID. The same day, Finnegan 

and Yarsuvat filed separate motions 

before the Commission to intervene in 

the investigation for the purpose of 

contesting joint liability for the 

monetary sanction. Finnegan and 

Yarsuvat also filed provisional petitions 

for review of the sanctions ID. On 

November 10, 2014, Finnegan filed a 

motion for leave to file a reply in 

support of its motion to intervene, 

which Dow opposed. 

On December 16, 2014, the 

Commission granted the motions to 

intervene and determined to review the 

sanctions ID. The Commission notice 

granting review solicited further briefing 

on two questions concerning sanctions 

and on remedy, the public interest, and 

bonding. 

On December 30, 2014, the parties— 

Dow, Organik Kimya, Finnegan, and 

Yarsuvat—filed opening briefs in 

response to the Commission notice. 

(Organik Kimya filed two briefs.) On 

January 7, 2015, the parties filed replies. 

(Dow filed two replies.) 

Having examined the record of this 

investigation, including the ALJ’s 

sanctions ID, as well as the petitions to 

the Commission and their replies, and 

the briefs to the Commission and their 

replies, the Commission has determined 

to affirm the ID’s finding of Organik 

Kimya in default. See 19 U.S.C. 1337(h); 

19 CFR 210.16-.17, 210.33. The 

Commission has determined that the 

appropriate remedy is the issuance of a 

limited exclusion order prohibiting, for 

twenty-five years, the entry of opaque 

polymers manufactured using any of the 

misappropriated trade secrets identified 

in Dow’s Disclosure of Misappropriated 

Trade Secrets (Jan. 29, 2014) (listing 

trade secrets A–ZZ). The Commission 

has also determined to issue a cease and 

desist order prohibiting Organik Kimya 

U.S., Inc. from, inter alia, importing or 

selling opaque polymers manufactured 

using any of the aforementioned 

misappropriated trade secrets. The 

Commission has also determined that 

the public interest factors enumerated in 

section 337(d) and (f), 19 U.S.C. 1337(d) 

& (f), do not preclude the issuance of the 

limited exclusion order or the cease and 

desist order. The Commission has 

determined that no bonding is required 

during the period of Presidential review, 

19 U.S.C. 1337(j). 

The Commission has further 

determined to affirm the ALJ’s 

assessment and calculation of attorneys’ 

fees and costs against Organik Kimya. 

The Commission has determined to 

affirm, with modification, the ALJ’s 

determination that Finnegan be held 

jointly and severally liable with Organik 

Kimya for those sanctions. The 

Commission has determined to reverse 

the sanctions ID to the extent that it 

imposed joint and several liability on 

Mr. Yarsuvat. The Commission’s 

reasoning in support of these 

determinations is provided in an 

accompanying Commission opinion. 

The investigation is terminated. 

Commissioner Schmidtlein dissents, 

for the reasons to be set forth in her 

separate opinion, as to the 

Commission’s determination on 

sanctions for Organik Kimya’s counsel. 

She otherwise joins the Commission’s 

determination as to Organik Kimya’s 

default, the Commission remedial 

orders to be issued, and the liability of 

Organik Kimya for fees and costs. 

The Commission’s limited exclusion 

order and opinion were delivered to the 

President and the United States Trade 

Representative on the day of their 

issuance. 

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: April 17, 2015. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2015–09444 Filed 4–21–15; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–887] 

Certain Crawler Cranes and 

Components Thereof; Commission’s 

Final Determination; Issuance of a 

Limited Exclusion Order and Cease 

and Desist Order; Termination of the 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has found a violation of 

section 337 in this investigation and has 

(1) issued a limited exclusion order 

prohibiting importation of certain 

crawler cranes and components thereof 

and (2) issued a cease and desist order 

directed to the domestic respondent. 

FOR FURTHER INFORMATION CONTACT: 

Amanda Pitcher Fisherow, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street SW., 

Washington, DC 20436, telephone (202) 

205–2737. Copies of non-confidential 

documents filed in connection with this 

investigation are or will be available for 

inspection during official business 

hours (8:45 a.m. to 5:15 p.m.) 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 (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 July 17, 2013, based on a complaint 

filed by Manitowoc Cranes, LLC of 

Manitowoc, Wisconsin (‘‘Manitowoc’’). 

78 FR 42800–01 (July 17, 2013). The 

complaint alleges violations of 

subsection (a)(1)(B) of section 337 of the 

Tariff Act of 1930, as amended, 19 

U.S.C. 1337 (‘‘section 337’’) in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain crawler cranes and components 

thereof, by reason of infringement of 

U.S. Patent Nos. 7,546,928 (‘‘the ’928 

patent’’) and 7,967,158 (‘‘the ’158 

patent’’), and that an industry in the 

United States exists or is in the process 

of being established as required by 

subsection (a)(2) of section 337. The 

complaint further alleges violations of 

subsection (a)(1)(A) of section 337 by 

reason of trade secret misappropriation, 

the threat or effect of which is to destroy 

or substantially injure an industry in the 

United States or to prevent the 

establishment of such an industry. The 

Commission’s notice of investigation 

named Sany Heavy Industry Co., Ltd. of 

Changsha, China, and Sany America, 

Inc. of Peachtree City, Georgia 

(collectively, ‘‘Sany’’) as respondents. 

The Office of Unfair Import 

Investigations (‘‘OUII’’) was also named 

as a party. 

On July 11, 2014, the ALJ issued his 

final initial determination (‘‘ID’’) finding 

a violation of section 337 with respect 

to claims 1, 2, 5, 8, and 23–26 of the 

’928 patent and misappropriation of 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
22550 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Notices 

Trade Secret Nos. 1, 6, 14, and 15. The 

ALJ further found no violation of 

section 337 with respect to claims 6, 10, 

and 11 of the ’928 patent, claim 1 of the 

’158 patent, and Trade Secret Nos. 3 and 

4. 

On July 28, 2014, OUII, Manitowoc, 

and Sany each filed a petition for 

review. On August 5, 2014, the parties 

replied to the respective petitions for 

review. 

On September 19, 2014, the 

Commission determined to review the 

final ID and solicited briefing from the 

parties on questions concerning 

violation, remedy, bonding, and the 

public interest. 79 Fed. Reg. 57566–68. 

Specifically, the Commission 

determined to review the ALJ’s findings 

with respect to: (1) Importation of the 

accused products; (2) infringement of 

the asserted patents; (3) estoppel; (4) the 

technical prong of the domestic industry 

requirement; and (5) the asserted trade 

secrets. The parties provided initial 

submissions to the Commission’s 

questions on October 1, 2014, and 

responsive submissions on October 8, 

2014. 

On December 3, 2014, the 

Commission determined to request 

additional briefing. Notice (December 3, 

2014). On December 12, 2014, the 

parties filed initial submissions in 

response to the Commission’s notice 

and filed response submissions on 

December 19, 2014. 

After considering the final ID, written 

submissions, and the record in this 

investigation, the Commission has 

determined to affirm-in-part and 

reverse-in-part the final ID and to 

terminate the investigation with a 

finding of violation of section 337. 

Specifically, the Commission: (1) Finds 

the asserted method claims of the ’928 

patent are not infringed; (2) finds the 

asserted method claim of the ’158 patent 

is not infringed; (3) finds that claims 

23–26 of the ’928 patent are infringed by 

at least one product; (4) takes no 

position on the ALJ’s estoppel findings; 

(5) finds that the domestic industry 

requirement has been met; and (6) finds 

Trade Secret Nos. 1, 3, 4, 6, 14, and 15 

are protectable and have been 

misappropriated. The Commission has 

issued its opinion setting forth the 

reasons for its determination. 

Commissioner Kieff concurs in the 

outcome and has filed an opinion 

concurring in result and dissenting in 

part. 

Having found a violation of section 

337 in this investigation, the 

Commission has determined that the 

appropriate form of relief is: (1) A 

limited exclusion order prohibiting the 

unlicensed entry of certain crawler 

cranes and components thereof that (a) 

infringe one or more of claims 23–26 of 

the ’928 patent and are manufactured 

by, or on behalf of, or are imported by 

or on behalf of the Respondents or any 

of their affiliated companies, parents, 

subsidiaries, agents, or other related 

business entities, or their successors or 

assigns; and/or (b) are manufactured 

abroad by or on behalf of, or imported 

by or on behalf of, Respondents or any 

of their affiliated companies, parents, 

subsidiaries, or other related business 

entities, or their successors or assigns, 

using any of Trade Secret Nos. 1, 3, 4, 

6, 14, and 15, for a period of ten (10) 

years; and (2) a cease and desist order 

prohibiting the domestic respondent 

from conducting any of the following 

activities in the United States: 

Importing, selling, marketing, 

advertising, distributing, transferring 

(except for exportation), and soliciting 

United States, agents or distributors for, 

certain crawler cranes and components 

therefore manufactured using any of 

Trade Secret Nos. 1, 3, 4, 6, 14, and 15. 

The Commission has also determined 

that the public interest factors 

enumerated in section 337(d) and (f) (19 

U.S.C. 1337(d) and (f)) do not preclude 

issuance of the limited exclusion order 

or a cease and desist order. Finally, the 

Commission has determined that a bond 

during the period of presidential review 

(19 U.S.C. 1337(j)) shall be in the 

amount of 100 percent (100%) of the 

entered value of the imported articles 

that are subject to the limited exclusion 

order or cease and desist order. The 

Commission’s orders and opinion were 

delivered to the President and to the 

United States Trade Representative on 

the day of their issuance. 

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: April 16, 2015. 

Lisa R. Barton, 

Secretary to the Commission. 

[FR Doc. 2015–09280 Filed 4–21–15; 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—Network Centric 

Operations Industry Consortium, Inc. 

Notice is hereby given that, on March 

25, 2015, pursuant to Section 6(a) of the 

National Cooperative Research and 

Production Act of 1993, 15 U.S.C. 4301 

et seq. (‘‘the Act’’), Network Centric 

Operations Industry Consortium, Inc. 

(‘‘NCOIC’’) 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, Harry Raduege (individual 

member), Arlington, VA; Tata Power 

SED, Andheri, Mumbai, INDIA; and 

Vikram Chauhan (individual member), 

Great Falls, VA, have been added as 

parties to this venture. 

In addition, NJVC, LLC, Vienna, VA, 

Saab AB, Ostersund, SWEDEN; and The 

MITRE Corporation, McLean, VA, 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 NCOIC 

intends to file additional written 

notifications disclosing all changes in 

membership. 

On November 19, 2004, NCOIC 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 2, 2005 (70 

FR 5486). 

The last notification was filed with 

the Department on January 27, 2015. A 

notice was published in the Federal 

Register pursuant to Section 6(b) of the 

Act on February 27, 2015 (80 FR 10716). 

Patricia A. Brink, 

Director of Civil Enforcement Antitrust 

Division. 

[FR Doc. 2015–09322 Filed 4–21–15; 8:45 am] 

BILLING CODE 4410–11–P 


asabaliauskas on DSK5VPTVN1PROD with NOTICES