Notice2024-07843
Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same Institution of Rescission Proceeding; Issuance of Order Rescinding Remedial Orders as to Certain Respondents; Termination of Rescission Proceeding
Primary source
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Published
April 15, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to institute a rescission proceeding, issue an order rescinding the remedial orders directed to iFIT Inc., f/k/a ICON Health & Fitness, Inc. of Logan, Utah; FreeMotion Fitness, Inc. of Logan, Utah; and NordicTrack Inc. of Logan, Utah (together with iFIT Inc. and FreeMotion Fitness, Inc., "iFit"), and then terminate the rescission proceeding.
Full Text
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<title>Federal Register, Volume 89 Issue 73 (Monday, April 15, 2024)</title>
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[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26189-26190]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07843]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1265 (Rescission II)]
Certain Fitness Devices, Streaming Components Thereof, and
Systems Containing Same Institution of Rescission Proceeding; Issuance
of Order Rescinding Remedial Orders as to Certain Respondents;
Termination of Rescission Proceeding
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 to institute a rescission
proceeding, issue an order rescinding the remedial orders directed to
iFIT Inc., f/k/a ICON Health & Fitness, Inc. of Logan, Utah; FreeMotion
Fitness, Inc. of Logan, Utah; and NordicTrack Inc. of Logan, Utah
(together with iFIT Inc. and FreeMotion Fitness, Inc., ``iFit''), and
then terminate the rescission proceeding.
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#cc8988859fff84a9a0bc8cb9bfa5b8afe2aba3ba"><span class="__cf_email__" data-cfemail="397c7d706a0a715c5549794c4a504d5a175e564f">[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 May 19, 2021, the Commission instituted
the underlying investigation based on a complaint filed on behalf of
complainants DISH DBS Corporation of Englewood, Colorado; DISH
Technologies L.L.C. of Englewood, Colorado; and Sling TV L.L.C. of
Englewood, Colorado (collectively, ``DISH''). 86 FR 27106, 27106-07
(May 19, 2021). The complaint alleged
[[Page 26190]]
violations of section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, in the importation into the United States, the sale for
importation, or the sale within the United States after importation of
certain fitness devices, streaming components thereof, and systems
containing the same by reason of infringement of certain claims of U.S.
Patent Nos. 9,407,564 (``the '564 patent''); 10,469,554 (``the '554
patent''); 10,469,555 (``the '555 patent''); 10,757,156 (``the '156
patent''); and 10,951,680 (``the '680 patent''). Id. The complaint
further alleged that a domestic industry exists. Id. The Commission's
notice of investigation named as respondents iFit; Peloton Interactive,
Inc. of New York, New York (``Peloton''); lululemon athletica inc. of
Vancouver, Canada; and Curiouser Products Inc. d/b/a MIRROR of New
York, New York (together with lululemon athletica inc., ``MIRROR,'' and
together with the other respondents, ``Respondents''). Id.; Order No.
14 (Nov. 4, 2021), unreviewed by Comm'n Notice (Dec. 6, 2021), 86 FR
70532 (Dec. 10, 2021). The Office of Unfair Import Investigations
(``OUII'') participated in the investigation. 86 FR at 27106-07.
On March 8, 2023, the Commission issued its final determination,
finding respondents Peloton and iFit in violation of section 337 as to
the asserted claims of the '156, '554, and '555 patents, but not as to
the asserted claims of the '564 patent. See 88 FR 15736 (Mar. 14,
2023). The investigation had terminated as to the asserted claims of
the '680 patent prior to the issuance of the final initial
determination, Order No. 21 (Mar. 3, 2022), unreviewed by Comm'n Notice
(Mar. 23, 2022), and the final determination granted an unopposed
motion to terminate as to MIRROR, see 88 FR at 15736. As a remedy, the
Commission issued a limited exclusion order (``LEO'') and cease and
desist orders (``CDOs'') directed to Peloton and iFit. Id.
On May 5, 2023, the Commission modified the remedial orders in
certain respects, see 88 FR 30158 (May 10, 2023). On June 1, 2023, the
Commission rescinded the remedial orders directed to Peloton. See 88 FR
37274 (June 7, 2023). Thus, the remaining orders in this investigation
are only directed to iFit.
On March 8, 2024, DISH filed a petition requesting that the
Commission rescind the remedial orders issued against iFit based on a
settlement agreement between DISH and iFit. DISH also filed
confidential and public supplements to the petition that included
confidential and public versions of the settlement agreement. The
petition asserts that rescission is warranted based on changed
conditions of fact and law stemming from DISH and iFit reaching a
settlement agreement that fully resolves the dispute between DISH and
iFit concerning the subject matter of the underlying investigation.
On March 19, 2024, OUII filed a response supporting DISH's
petition. No other responses were received in response to the petition.
In consideration of the petition and the response thereto, the
Commission has determined to institute a rescission proceeding in this
investigation. Consistent with an order issued concurrently herewith,
the Commission has determined to rescind the remaining modified
remedial orders issued in this investigation. The settlement agreement
fully resolves the dispute between DISH and iFit concerning the subject
matter of this investigation, the settlement agreement constitutes
changed circumstances warranting rescission, and the petition complies
with the procedural requirements of Commission Rule 210.76 (19 CFR
210.76). The Commission has further determined to terminate this
rescission proceeding.
The Commission vote for these determinations took place on April 9,
2024.
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: April 9, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-07843 Filed 4-12-24; 8:45 am]
BILLING CODE 7020-02-P
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