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Federal Register / Vol. 70, No.

240 / Thursday, December 15, 2005 / Notices 74333

the petitions. On October 6, 2005, the DEPARTMENT OF JUSTICE (‘‘PDA’’) has filed written notifications
Commission issued a notice indicating simultaneously with the Attorney
that it had determined to extend the Antitrust Division General and the Federal Trade
deadline for determining whether to Commission disclosing additions or
review the final ID by 8 days, i.e., from Notice Pursuant to the National changes to its standards development
October 6, 2005, until October 14, 2005. Cooperative Research and Production activities. The notifications were filed
Act of 1993—American Society of for the purpose of extending the Act’s
On October 20, 2005, the Commission
Mechanical Engineers provisions limiting the recovery of
issued a notice indicating that it had
determined to review the final ID in its Notice is hereby given that, on antitrust plaintiffs to actual damage
entirety. 70 FR 61157 (October 20, November 25, 2005, pursuant to section under specified circumstances.
2005). In connection with its review, the 6(a) of the national Cooperative Specifically, PDA has added a new
Commission requested written Research and Production Act of 1993, development activity to include a
submissions on the issues under review 15 U.S.C. 4301 et seq. (‘‘the Act’’), voluntary consensus standard for
and the issues of remedy, the public American Society of Mechanical Polyurea/Geotextile Elastomeric Lining
interest, and bonding. On October 27, Engineers (‘‘ASME’’) has filed written Systems.
2005, Gateway filed a motion to stay the notifications simultaneously with the On May 9, 2005, PDA filed its original
Commission’s review of the ID and Attorney General and the Federal Trade notification pursuant to section 6(a) of
remand to the ALJ for additional Commission disclosing additions or the Act. The Department of Justice
findings concerning a license agreement changes to its standards development published a notice in the Federal
related to the patents at issue in this activities. The notifications were filed Register pursuant to section 6(b) of the
investigation. On November 7, 2005, HP for the purpose of extending the Act’s Act on June 13, 2005 (70 FR 34151).
and the IA filed separate responses to provisions limiting the recovery of Dorothy B. Fountain,
Gateway’s motion. antitrust plaintiffs to actual damages Deputy Director of Operations, Antitrust
Having examined the record of this under specified circumstances. Division.
investigation, including the final ID and Specifically, since July 29, 2005, ASME [FR Doc. 05–24095 Filed 12–14–05; 8:45 am]
the submissions of the parties, the has published several new standards, BILLING CODE 4418–11–M
Commission has determined to reverse has initiated several new standards
the ALJ’s finding of literal infringement development projects, and has initiated
with respect to claims 7, 24, and 41 of a new conformity assessment program, DEPARTMENT OF JUSTICE
the ‘184 patent and claim 9 of the ‘976 all within the general nature and scope
patent and to remand the investigation of ASME’s standards development Antitrust Division
to the ALJ for findings concerning activities, as specified in its original
notification. More detail regarding these Notice Pursuant to the National
infringement of these claims under the
changes can be found at http:// Cooperative Research and Production
doctrine of equivalents and whether the
www.asme.org. Act of 1993—USB Implementers
technical prong of the domestic industry
On September 15, 2004, ASME filed Forum, Inc.
requirement has been met in regard to
its original notification pursuant to
the ‘184 and ‘976 patents. The Notice is hereby given that, on
section 6(a) of the Act. The Department
Commission has also determined to November 23, 2005, pursuant to section
of Justice published a notice in the
vacate that portion of the ID which 6(a) of the National Cooperative
Federal Register pursuant to section
concerns infringement of claim 1 of the Research and Production Act of 1993,
6(b) of the Act on October 13, 2004 (69
‘318 patent under the doctrine of 15 U.S.C. 4301 et seq. (‘‘the Act’’), USB
FR 60895).
equivalents. The Commission has The last notification was filed with Implementers Forum, Inc. (‘‘USB–IF’’)
determined to affirm the remainder of the Department on August 2, 2005. A has filed written notifications
the ID. The Commission has also notice was published in the Federal simultaneously with the Attorney
directed the ALJ to consider and rule on Register pursuant to section 6(b) of the General and the Federal Trade
Motion Docket No. 52C, filed by Act on August 26, 2005 (70 FR 50406). Commission disclosing (1) the name and
Gateway on October 27, 2005, which principal place of business of the
concerns a license agreement related to Dorothy B. Fountain, standards development organization
the patents at issue in this investigation. Deputy Director of Operations, Antitrust and (2) the nature and scope of its
Finally, the Commission has directed Division. standards development activities. The
the ALJ to extend the target date of the [FR Doc. 05–24092 Filed 12–14–05; 8:45 am] notifications were filed for the purpose
investigation as may be necessary to BILLING CODE 4418–11–M of invoking the Act’s provisions limiting
conclude the proceedings and to issue the recovery of antitrust plaintiffs to
his findings on remand two months actual damages under specified
before the new target date. DEPARTMENT OF JUSTICE circumstances.
This action is taken under the Pursuant to section 6(b) of the Act, the
Antitrust Division name and principal place of business of
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337), the standards development organization
Notice Pursuant to the National
and section 210.45 of the Commission’s is: USB Implementers forum, Inc.,
Cooperative Research and Production
Interim Rules of Practice and Procedure Portland, OR. The nature and scope of
Act of 1993—Polyurea Development
(19 CFR 210.45). USB–IF’s standards development
Association
activities are: providing a support
Issued: December 8, 2005.
Notice is hereby given that, on organization and forum for the
By order of the Commission.
November 21, 2005, pursuant to section advancement and adoption of USB
Marilyn R. Abbott, 6(a) of the National Cooperative technology, by facilitating the
Secretary to the Commission. Research and Production Act of 1993, development of high quality compatible
[FR Doc. E5–7350 Filed 12–14–05; 8:45 am] 15 U.S.C. 4301 et seq. (‘‘the Act’’), USB devices and promoting USB to
BILLING CODE 7020–02–P Polyurea Development Association accelerate end-user demand for USB

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