Notice2023-07159
Certain Dermatological Treatment Devices and Components Thereof; Institution of Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 6, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on March 1, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of Serendia, LLC of Lake Forest, California. Supplements were filed on March 2, 13 and 14, 2023. The complaint 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 dermatological treatment devices and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,480,836 ("the '836 Patent"); U.S. Patent No. 10,058,379 ("the '379 Patent"); U.S. Patent No. 11,406,444 ("the '444 Patent"); U.S. Patent No. 9,320,536 ("the '536 Patent"); U.S. Patent No. 9,775,774 ("the " '774 Patent"); and U.S. Patent No. 10,869,812 ("the '812 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 88 Issue 66 (Thursday, April 6, 2023)</title>
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[Federal Register Volume 88, Number 66 (Thursday, April 6, 2023)]
[Notices]
[Pages 20551-20552]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07159]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1356]
Certain Dermatological Treatment Devices and Components Thereof;
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 1, 2023, under section 337
of the Tariff Act of 1930, as amended, on behalf of Serendia, LLC of
Lake Forest, California. Supplements were filed on March 2, 13 and 14,
2023. The complaint 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
dermatological treatment devices and components thereof by reason of
the infringement of certain claims of U.S. Patent No. 9,480,836 (``the
'836 Patent''); U.S. Patent No. 10,058,379 (``the '379 Patent''); U.S.
Patent No. 11,406,444 (``the '444 Patent''); U.S. Patent No. 9,320,536
(``the '536 Patent''); U.S. Patent No. 9,775,774 (``the `` '774
Patent''); and U.S. Patent No. 10,869,812 (``the '812 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#efaaaba6bcdca78a839faf9a9c869b8cc1888099"><span class="__cf_email__" data-cfemail="1653525f45255e737a665663657f627538717960">[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: Pathenia Proctor, The Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2559.
SUPPLEMENTARY INFORMATION:
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on March 31, 2023, 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, 2, 5-6, 9-14, 16-17, 19, and 22 of the '836 patent; claims 1-
5, 7-10, and 15 of the '379 patent; claims 1-10 of the '444 patent;
claims 1-2, 4-5, 8-9, 11-13, and 16-17 of the '536 patent; claims 1 and
6-15 of the '774 patent; and claims 1, 5-7, 9-10, and 12-19 of the '812
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
[[Page 20552]]
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 ``RF microneedling dermatological
treatment devices and components thereof'';
(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: Serendia, LLC, 23792 Rockfield Blvd., Lake
Forest, CA 92630.
(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:
Sung Hwan E&B Co., LTD., d/b/a SHEnB Co. LTD., SHENB Building, 148
Seongsui-ro, Seongdong-gu, 04796 Seoul, Republic of Korea
Aesthetics Biomedical, Inc., 4602 N 16th St., Suite 300, Phoenix, AZ
85016
Cartessa Aesthetics, LLC, 75 Broadhollow Road, Melville, NY 11747
Lutronic Corporation, Lutronic Center, 219 Sowon-ro, Deogyang-gu,
Goyang-si, Gyeonggi-do 10534, Republic of Korea
Lutronic Aesthetics, Inc. AKA Lutronic, Inc., 19 Fortune Dr.,
Billerica, MA 01821
Lutronic, LLC, 19 Fortune Dr., Billerica, MA 01821
Ilooda Co., Ltd., Building B. 9 Floor, IS BIZ Tower Central 25,
Deokcheon-ro 152beon-gil, Manan-gu, Anyang-si, Gyeonggi-do, Republic of
Korea
Cutera, Inc., 3240 Bayshore Blvd., Brisbane, CA 94005
Jeisys Medical Inc., Daeryung Techno Town 8th, Gasang-dong, Room 307,
96 Gamasan-ro, Geumcheon-gu, Seoul 08501, Republic of Korea
Cynosure, LLC, 5 Carlisle Rd., Westford, MA 01886
Rohrer Aesthetics, LLC, 105 Citation Ct., Homewood, AL 35209
Rohrer Aesthetics, Inc., 105 Citation Ct., Homewood, AL 35209
EndyMed Medical Ltd., 7 Bareket Street, North Industrial Park,
Caesarea, 3097612 Israel
EndyMed Medical, Ltd., 790 Madison Ave., Suite 402, New York, NY 10065
EndyMed Medical Inc., 4400 Route 9 South, Suite #1000, Freehold, NJ
07728
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
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.
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 (2022).
By order of the Commission.
Issued: March 31, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-07159 Filed 4-5-23; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on April 6, 2023.
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