Under the Bayh-Dole Act, 35 U.S.C. §§ 200-12 ("Bayh-Dole"), Federal agencies may determine that "exceptional circumstances" exist such that a modification in the patent rights disposition provided under the Act would better promote its objectives.
DOE ordered Topaz Lighting Corp. to pay a $8,000 civil penalty after finding Topaz had failed to certify that certain basic models of medium base compact fluorescent lamps, general service fluorescent lamps, and illuminated exit signs comply with the applicable energy conservation standards.
DOE ordered AeroSys, Inc. (AeroSys) to pay a $100,000 civil penalty after finding AeroSys had (1) failed to certify that certain models of space-constrained central air conditioners and air conditioning heat pumps comply with the applicable energy conservation standards; and (2) manufactured and distributed in commerce in the U.S. units of noncompliant models of space-constrained central air conditioners and air conditioning heat pumps.
DOE alleged in a Notice of Proposed Civil Penalty that Topaz Lighting Corp. failed to certify a variety of basic models of medium base compact fluorescent lamps, general service fluorescent lamps, and illuminated exit signs as compliant with the applicable energy conservation standards.
The discussion concerned changes between the September 2011 Notice of Proposed Rulemaking (NOPR) to update regulations relating to Assistance to Foreign Atomic Energy Activities and the August 2013 Supplemental Notice of Proposed Rulemaking (SNOPR) (RIN 1994–AA02).
Pursuant to the guidance issued by the Office of General Counsel in its Notice of Guidance on Ex Parte Communications, 74 F.R. 197, this memorandum summarizes a November 22, 2013 meeting between Cisco Systems, Inc. (“Cisco”) and Department staff regarding the above-referenced Proposed Determination.