Notice2021-26718
Notice of a Commission Determination Not To Review an Initial Determination Granting Respondent Icon's Motion To Amend the Notice of Investigation; Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same
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Published
December 10, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 14) of the presiding chief administrative law judge ("CALJ") granting respondent ICON's motion to amend the notice of investigation ("NOI").
Full Text
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<title>Federal Register, Volume 86 Issue 235 (Friday, December 10, 2021)</title>
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[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Page 70532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26718]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1265]
Notice of a Commission Determination Not To Review an Initial
Determination Granting Respondent Icon's Motion To Amend the Notice of
Investigation; Certain Fitness Devices, Streaming Components Thereof,
and Systems Containing Same
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 14) of the presiding chief
administrative law judge (``CALJ'') granting respondent ICON's motion
to amend the notice of investigation (``NOI'').
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#febbbab7adcdb69b928ebe8b8d978a9dd0999188"><span class="__cf_email__" data-cfemail="5e1b1a170d6d163b322e1e2b2d372a3d70393128">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. 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
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337'') on May 19, 2021, based on a complaint filed by DISH
DBS Corporation of Englewood, Colorado; DISH Technologies, L.L.C., of
Englewood, Colorado; and Sling TV L.L.C., of Englewood, Colorado. 86 FR
27106-07 (May 19, 2021). The complaint alleges a violation of section
337 based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain fitness devices, streaming components thereof, and systems
containing same by reason of infringement of certain claims of U.S.
Patent Nos. 9,407,564; 10,469,554; 10,469,555; 10,757,156; and
10,951,680. The notice named as respondents ICON Health & Fitness,
Inc., of Logan, Utah (``ICON''); FreeMotion Fitness, Inc., of Logan,
Utah; FreeMotion Fitness, Inc., of Logan, Utah; lululemon athletica
inc., of Vancouver, Canada; Curiouser Products Inc., of New York, New
York; and Peloton Interactive, Inc., of New York, New York. The
Commission's Office of Unfair Import Investigations also was named as a
party.
On September 24, 2021, pursuant to Commission Rule 210.14(b)(1) (19
CFR 210.14(b)(1)), respondent ICON filed a motion to amend the NOI such
``that the name `ICON Health & Fitness, Inc.' be replaced with `iFIT
Inc.' '' and a memorandum in support thereof. The motion states that
complainants, the named respondents and the Commission investigative
attorney do not oppose the pending motion. No response was filed.
On November 4, 2021, the CALJ issued the subject ID granting the
motion. Based on the record evidence, the ID finds that good cause
exists to change the name of a respondent from ICON Health & Fitness,
Inc. to iFIT Inc. ID at 2 (citing Mem. Ex. 1 (document showing
respondent ICON Health & Fitness, Inc.'s corporate name change to iFIT
Inc.)). The ID further finds that this amendment would not prejudice
the public interest or the rights of the parties to the investigation.
No party petitioned for review of the ID.
The Commission has determined not to review the subject ID.
The Commission vote for this determination took place on December
6, 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: December 6, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-26718 Filed 12-9-21; 8:45 am]
BILLING CODE 7020-02-P
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