Notice2024-18313
Certain Medical Programmers With Printed Circuit Boards, Components Thereof, and Products and Systems for Use With the Same; Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation
Primary source
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Published
August 15, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination ("ID") (Order No. 11) of the presiding administrative law judge ("ALJ") granting complainants' motion to amend the complaint to correct a typographical error on the cover page and the notice of investigation ("NOI") to change the plain language description of the accused products in the above-captioned investigation.
Full Text
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<title>Federal Register, Volume 89 Issue 158 (Thursday, August 15, 2024)</title>
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[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Page 66442]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18313]
[[Page 66442]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1396]
Certain Medical Programmers With Printed Circuit Boards,
Components Thereof, and Products and Systems for Use With the Same;
Notice of Commission Determination Not To Review an Initial
Determination Granting Complainants' Motion To Amend the Complaint and
Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 11) of the presiding administrative law judge
(``ALJ'') granting complainants' motion to amend the complaint to
correct a typographical error on the cover page and the notice of
investigation (``NOI'') to change the plain language description of the
accused products in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Richard P. Hadorn, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3179. 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#b5f0f1fce686fdd0d9c5f5c0c6dcc1d69bd2dac3"><span class="__cf_email__" data-cfemail="2a6f6e637919624f465a6a5f59435e49044d455c">[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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 3, 2024, based on a complaint filed by Medtronic, Inc.,
Medtronic Logistics, LLC, and Medtronic USA, Inc., all of Minneapolis,
Minnesota, and Medtronic Puerto Rico Operations Co. of Juncos, Puerto
Rico (collectively, ``Medtronic''). 89 FR 23043-44 (Apr. 3, 2024). The
complaint, as supplemented, alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, based on the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain medical
programmers with printed circuit boards, components thereof, and
products and systems for use with the same by reason of the
infringement of certain claims of U.S. Patent Nos. 8,712,540 and
9,174,059. Id. at 23043. The complaint further alleges that a domestic
industry exists. Id. The NOI named one respondent: Axonics, Inc.
(``Axonics'') of Irvine, California. Id. at 23044. The Office of Unfair
Import Investigations (``OUII'') is also named as a party. Id.
On June 25, 2024, Medtronic filed a motion to amend the complaint
and NOI to (i) correct a typographical error on the cover page of the
complaint by substituting ``UNITED'' in place of ``MUNITED,'' and (ii)
change the NOI's plain language description of the accused products--
which presently reads ``sacral neuromodulation systems to control
neurostimulators surgically implanted into a human patient,
incorporating medical programmers and printed circuit boards used in
same''--by substituting ``components thereof, and'' in place of
``incorporating.'' On July 5, 2024, Axonics filed a response to the
motion opposing the amendment to the NOI, but not opposing the
amendment to the complaint. Also on July 5, 2024, OUII filed a response
in support of the motion.
On July 11, 2024, the ALJ issued the subject ID granting the
motion. The ID finds that, in accordance with Commission Rule 210.14(b)
(19 CFR 210.14(b)), good cause exists for amending the complaint and
NOI as requested by Medtronic and neither the parties nor the public
interest will be prejudiced. ID at 1, 3. No petitions for review of the
subject ID were filed.
The Commission has determined not to review the subject ID. The
complaint is amended to substitute ``UNITED'' in place of ``MUNITED,''
and the NOI is amended so that the plain language description of the
accused products reads ``sacral neuromodulation systems to control
neurostimulators surgically implanted into a human patient, components
thereof, and medical programmers and printed circuit boards used in
same.''
The Commission vote for this determination took place on August 12,
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: August 12, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-18313 Filed 8-14-24; 8:45 am]
BILLING CODE 7020-02-P
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