[Federal Register: January 29, 1999 (Volume 64, Number 19)]
[Notices]               
[Page 4704-4705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja99-98]

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DEPARTMENT OF JUSTICE

Antitrust Division

 
Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Biotechnology Research and Development 
Corporation (``BRDC'')

    Notice is hereby given that, on November 5, 1998, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Biotechnology Research and 
Development Corporation (``BRDC'') has filed written notifications 
simultaneously with the Attorney General and the Federal Trade 
Commission disclosing changes in its membership status. 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, Maxygen, Inc., 
Santa Clara, CA has been added as a party to this venture.
    On September 18, 1998, BRDC issued to Maxygen, Inc. (``Maxygen'') 
and Maxygen purchased from BRDC, 746\2/3\ shares of common stock, 
without par value, of BRDC. Simultaneously, with the issuance and 
purchase of the shares of the common stock, BRDC and Maxygen entered 
into an Agreement to be bound by BRDC Master Agreement effective as of 
June 10, 1988, by and among BRDC and its common stockholders. Maxygen 
has the rights set forth in the BRDC Master Agreement in all project 
technology made, discovered, conceived, developed, learned or acquired 
by or on behalf of BRDC in connection with, or arising out of, or as 
the result of, a research project in existence while Maxygen is a 
common stockholder of BRDC.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research

[[Page 4705]]

project remains open, and Biotechnology Research and Development 
Corporation (``BRDC'') intends to file additional written notification 
disclosing all changes in membership.
    On April 12, 1988, biotechnology Research and Development 
Corporation (``BRDC'') 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 May 12, 
1988 (53 FR 16919).
    The last notification was filed with the Department on March 9, 
1998. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on September 29, 1998 (63 FR 51953).
Constance K. Robinson,
Director of Operations Antitrust Division.
[FR Doc. 99-2084 Filed 1-28-99; 8:45 am]
BILLING CODE 4410-11-M