Notice2022-12024
Certain Microfluidic Devices; Notice of a Commission Determination Not To Review an Initial Determination Granting 10X Genomics, Inc.'s Motion for Return of Its Bond
Primary source
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Published
June 6, 2022
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. 37) of the presiding administrative law judge ("ALJ"), granting 10X Genomics, Inc.'s motion for return of its bond.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34297-34298]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12024]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1068]
Certain Microfluidic Devices; Notice of a Commission
Determination Not To Review an Initial Determination Granting 10X
Genomics, Inc.'s Motion for Return of Its Bond
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. 37) of the presiding administrative
law judge (``ALJ''), granting 10X Genomics, Inc.'s motion for return of
its bond.
FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3427. 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#9fdadbd6ccacd7faf3efdfeaecf6ebfcb1f8f0e9"><span class="__cf_email__" data-cfemail="b8fdfcf1eb8bf0ddd4c8f8cdcbd1ccdb96dfd7ce">[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: On September 6, 2017, the Commission
instituted this investigation based on a complaint filed by Bio-Rad
Laboratories, Inc. of Hercules, CA; and Lawrence Livermore National
Security, LLC of Livermore, CA (collectively, ``Bio-Rad''). 82 FR 42115
(Sept. 6, 2017). The complaint alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based upon the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain microfluidic
devices by reason of infringement certain claims of U.S. Patent Nos.
9,500,664 (``the '664 patent''); 9,089,844 (``the '844 patent'');
9,636,682 (``the '682 patent''); 9,649,635 (``the '635 patent''); and
9,126,160 (``the '160 patent''). Id. The Commission's Notice of
Investigation named as the sole respondent 10X Genomics, Inc. of
Pleasanton, CA (``10X''). Id. The Office of Unfair Import
Investigations (``OUII'') was also named as a party to this
investigation. Id.
The Commission subsequently terminated the investigation as to the
'844 patent. Order No. 19 (Mar. 6, 2018), unreviewed by Notice (Apr.
16, 2018).
On September 20, 2018, the presiding ALJ issued the final ID. The
final ID found a violation of section 337 by virtue of 10X's
infringement of the '664, '682, and '635 patents. The ID found that 10X
had not established a violation with respect to the '160 patent. On
December 4, 2018, the Commission
[[Page 34298]]
determined to review various findings in the ID. 83 FR 63672 (Dec. 11,
2018).
On December 18, 2019, the Commission found a violation of section
337 with respect to the '664, '682, and '635 patents. 84 FR 70999 (Dec.
26, 2019). The Commission also found no violation of section 337 with
respect to the '160 patent. Id. The Commission determined to issue a
limited exclusion order prohibiting further importation of 10X's
infringing microfluidic devices and a cease and desist order (``CDO'')
against 10X. Id.
On May 28, 2021, in an appeal initiated by Bio-Rad, the U.S. Court
of Appeals for the Federal Circuit issued a decision affirming the
Commission's final determination. Bio-Rad Labs., Inc. v. Int'l Trade
Comm'n, 998 F.3d 1320 (Fed. Cir. 2021).
On July 26, 2021, Bio-Rad and 10X entered into a settlement
agreement that resolved the disputes concerning the subject matter of
this investigation.
On July 28, 2021, Bio-Rad and 10X jointly petitioned for rescission
of the Commission's remedial orders under section 337(k) (19 U.S.C.
1337(k)) and Commission Rule 210.76(a) (19 CFR 210.76(a)). On August
25, 2021, the Commission granted the parties' petition and rescinded
the remedial orders.
On July 27, 2021, 10X filed a motion for return of the bond it
posted pursuant to the CDO entered in this investigation. On August 6,
2021, OUII filed a response supporting the motion.
On April 13, 2022, the ALJ issued Order No. 37, the subject ID,
which granted the motion. The ALJ found that 10X satisfied the
procedural requirements for the return of bond, that the settlement
agreement between Bio-Rad and 10X resolved the dispute between them
regarding activities during the period of Presidential review that were
subject to the Commission's remedial orders, and that the Commission
has previously released the respondent's bond under similar
circumstances.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID.
The Commission vote for this determination took place on May 31,
2022.
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: May 31, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-12024 Filed 6-3-22; 8:45 am]
BILLING CODE 7020-02-P
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