Notice2022-07355
Certain Interactive Fitness Products Including Stationary Exercise Bikes, Treadmills, Elliptical Machines, and Rowing Machines and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
April 7, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 3, 2022, under section 337 of the Tariff Act of 1930, as amended, on behalf of Peloton Interactive, Inc. of New York, New York. A supplement to the complaint was filed on March 21, 2022. The complaint, as supplemented, alleges violations 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 interactive fitness products including stationary exercise bikes, treadmills, elliptical machines, and rowing machines and components thereof by reason of infringement of certain claims of U.S. Patent No. 11,170,886 ("the '886 Patent"); U.S. Pat. No. 7,938,755 ("the '755 Patent"); U.S. Patent No. 11,183,288 ("the '288 Patent"); U.S. Patent No. 11,145,399 ("the '399 Patent"); and U.S. Pat. No. 10,864,406 ("the '406 patent"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 87 Issue 67 (Thursday, April 7, 2022)</title>
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[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Page 20463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07355]
[[Page 20463]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1310]
Certain Interactive Fitness Products Including Stationary
Exercise Bikes, Treadmills, Elliptical Machines, and Rowing Machines
and Components Thereof; Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on March 3, 2022, under section 337
of the Tariff Act of 1930, as amended, on behalf of Peloton
Interactive, Inc. of New York, New York. A supplement to the complaint
was filed on March 21, 2022. The complaint, as supplemented, alleges
violations 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 interactive fitness products including
stationary exercise bikes, treadmills, elliptical machines, and rowing
machines and components thereof by reason of infringement of certain
claims of U.S. Patent No. 11,170,886 (``the '886 Patent''); U.S. Pat.
No. 7,938,755 (``the '755 Patent''); U.S. Patent No. 11,183,288 (``the
'288 Patent''); U.S. Patent No. 11,145,399 (``the '399 Patent''); and
U.S. Pat. No. 10,864,406 (``the '406 patent''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute. The complainant requests that the
Commission institute an investigation and, after the investigation,
issue a limited exclusion order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#eeabaaa7bddda68b829eae9b9d879a8dc0898198"><span class="__cf_email__" data-cfemail="5b1e1f120868133e372b1b2e28322f38753c342d">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
For Further Information Contact: Katherine Hiner, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
Supplementary Information:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2021).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 1, 2022, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 1, 3-15, 17, 19, 20-22 of the '886 Patent; claims 1, 2, 5-7, 8,
9 of the '755 Patent; claims 1, 2-24, 25, 26-29 of the '288 Patent;
claims 1, 2-3, 5-13, 16-17, 19-20, 21, 22-28 of the '399 Patent; and
claims 11, 12, 14, 15, 16 of the '406 Patent, and whether an industry
in the United States exists as required by subsection (a)(2) of section
337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``stationary bikes,
treadmills, elliptical machines, and rowing machines used with
interactive fitness programs or containing an air dam'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainant is: Peloton Interactive, Inc., 441 9th Avenue,
6th Floor, New York, NY 10001.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
ICON Fitness Corp., 1500 South 1000 West, Logan, UT 84321
IHF Holdings Inc., 1500 South 1000 West, Logan, UT 84321
iFIT Inc. (FKA ICON Health & Fitness, Inc.), 1500 South 1000 West,
Logan, UT 84321
NordicTrack, Inc., 1500 South 1000 West, Logan, UT 84321
Free Motion Fitness, Inc., 1500 South 1000 West, Logan, UT 84321
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not be named as a
party to this investigation.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
Issued: April 1, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-07355 Filed 4-6-22; 8:45 am]
BILLING CODE 7020-02-P
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