Notice2024-22937
Certain Blood Flow Restriction Devices With Rotatable Windlasses and Components Thereof; Notice of Issuance of a General Exclusion Order, a Limited Exclusion Order, and Cease and Desist Orders; Termination of the Investigation
Primary source
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Published
October 4, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to issue a general exclusion order ("GEO") prohibiting the importation of blood flow restriction devices with rotatable windlasses and components thereof that infringe one or more of claims 1, 4, 15, or 16 of U.S. Patent No. 7,842,067 ("the '067 patent"); a limited exclusion order ("LEO") prohibiting the unlicensed entry of blood flow restriction devices with rotatable windlasses and components thereof that infringe the asserted trademarks and trade dress that are manufactured by or on behalf of, or imported by or on behalf of defaulting respondents; and cease and desist orders ("CDOs") directed against certain defaulting respondents. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 89 Issue 193 (Friday, October 4, 2024)</title>
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[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Notices]
[Pages 80930-80931]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22937]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1364]
Certain Blood Flow Restriction Devices With Rotatable Windlasses
and Components Thereof; Notice of Issuance of a General Exclusion
Order, a Limited Exclusion Order, and Cease and Desist Orders;
Termination of the 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 (``Commission'') has determined to issue a general exclusion
order (``GEO'') prohibiting the importation of blood flow restriction
devices with rotatable windlasses and components thereof that infringe
one or more of claims 1, 4, 15, or 16 of U.S. Patent No. 7,842,067
(``the '067 patent''); a limited exclusion order (``LEO'') prohibiting
the unlicensed entry of blood flow restriction devices with rotatable
windlasses and components thereof that infringe the asserted trademarks
and trade dress that are manufactured by or on behalf of, or imported
by or on behalf of defaulting respondents; and cease and desist orders
(``CDOs'') directed against certain defaulting respondents. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Joelle P. Justus, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2593. 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#cd8889849efe85a8a1bd8db8bea4b9aee3aaa2bb"><span class="__cf_email__" data-cfemail="e6a3a2afb5d5ae838a96a693958f9285c8818990">[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: The Commission instituted this investigation
on May 31, 2023, based on a complaint, as supplemented, filed by
Composite Resources, Inc. of Rock Hill, South Carolina, and North
American Rescue, LLC of Greer, South Carolina (collectively,
``Complainants''). 88 FR 34893-95 (May 31, 2023). The complaint, as
supplemented, alleged violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337, in the importation into the United
States, sale for importation, or sale in the United States after
importation of certain blood flow restriction devices with rotatable
windlasses and components thereof that infringe one or more of: claims
1-17 of the '067 patent, claims 1-30 of the U.S. Patent No. 8,888,807
(``the '807 patent''), and claims 1-13 of the U.S. Patent No.
10,016,203 (``the '203 patent''); United States Trademark Registration
Nos. 3,863,064 and 5,064,378; and trade dress infringement in violation
of Section 43(a) of the Lanham Act (15 U.S.C. 1125) the threat or
effect of which is to destroy or substantially injure an industry in
the United States. Id. at 34893-94; see Complaint, ]] 9-15. The
complaint also requested the issuance of a GEO with respect to all of
these allegations.
The Commission's notice of investigation named the following
respondents: (1) Anping Longji Medical Equipment Factory of Hengshui
City, China; Dongguanwin Si Hai Precision Mold Co., Ltd. of Dongguan,
China; Eiffel Medical Supplies Co., Ltd. of Shenzhen, China; Empire
State Distributors Inc. of Brooklyn, New York; EMRN Medical Equipment
of LaSalle, Canada; GD Tianwu New Material Tech Co., Ltd. of Shawan
Town, China; Hengshui Runde Medical Instruments Co., Ltd. of Hengshui
City, China; Putian Dima Trading Co., Ltd. of Putian City, China; Rhino
Inc. of Lewes, Delaware; Shanghai Sixu International Freight Agent Co.,
Ltd. of Shanghai, China; Shenzhen Anben E-Commerce Co., Ltd. of
Shenzhen, China; Shenzhen TMI Medical Supplies Co., Ltd. of Shenzhen,
China; Shenzhen Yujie Commercial and Trading Co., Ltd. of Shenzhen,
China; Wuxi Emsrun Technology Co., Ltd. of Wuxi City, China; Wuxi
Golden Hour Medical Technology Co., Ltd. of Wuxi City, China; and Wuxi
Puneda Technology Co., Ltd. of Wuxi City, China (collectively, ``the
Defaulting Respondents''); (2) Chaozhou Jiduo Trading Co., Ltd. of
Chaozhou City, China; Dongguan Hongsui Electronic Commerce, Co., Ltd.
of Dongguan City, China; Fuzhou Meirun Medical Equipment Technology
Co., Ltd. of Fuzhou, China; Henan Eyocean E-
[[Page 80931]]
Commerce Co., Ltd. of Zhengzhou, China; Huang Xia of Sangzi Town,
China; Jingcai Jiang of Shenzhen, China; Shen Yi of Shenzhen, China;
Shenzhen Janxle E E Commerce Co., Ltd. of Shenzhen, China; Shenzhen
Smart Medical Co. Ltd. of Shenzhen, China; Sun Minghui of Shenzhen,
China; Xia Guo Long of Dongguan City, China; and Yinping Yin of
Shenzhen, China (collectively, ``the Unserved Respondents''); and (3)
Express Companies, Inc. of Oceanside, California, and SZY Holdings LLC
of Brooklyn, New York (collectively, ``the Participating
Respondents''). Id. The Office of Unfair Import Investigations
(``OUII'') is also a party to this investigation.
The Commission terminated the Participating Respondents based on
the entry of consent orders. See Order No. 7 (Aug. 9, 2023), unreviewed
by Comm'n Notice (Sept. 5, 2023); Order No. 13 (Oct. 3, 2023),
unreviewed by Comm'n Notice (Nov. 2, 2023). The Commission also
terminated the Unserved Respondents based on the withdrawal of the
complaint as to those respondents. See Order No. 10 (Aug. 22, 2023),
unreviewed by Comm'n Notice (Sept. 20, 2023). The Commission also found
the Defaulting Respondents in default. See Order No. 11 (Aug. 29,
2023), unreviewed by Comm'n Notice (Sept. 22, 2023).
On November 1, 2023, Complainants filed a motion to partially
terminate the investigation with respect to the '807 and '203 patents.
On November 2, 2023, the ALJ issued Order No. 14 granting the motion.
Order No. 14 (Nov. 2, 2023), unreviewed by Comm'n Notice (Dec. 4,
2023). On January 23, 2024, Complainants filed a motion to terminate
claims 2, 3, 5-14, and 17 of the '067 patent. On January 25, 2024, the
ALJ issued Order No. 19 granting the motion. Order No. 19 (Jan. 25,
2024), unreviewed by Comm'n Notice (Feb. 15, 2024). Therefore, only
claims 1, 4, 15, and 16 of the '067 patent remained asserted.
On December 22, 2023, Complainants filed a motion for summary
determination on violation of section 337 with regard to the '067
patent, asserted trademarks, and asserted trade dress by the Defaulting
Respondents. On February 7, 2024, the ALJ issued Order No. 20, granting
the motion in part with respect to the claims 1, 4, 15, and 16 of the
'067 patent. Order No. 20 (Feb. 7, 2024), unreviewed by Comm'n Notice
(Mar. 6, 2024). Order No. 20 found that (1) the importation requirement
was satisfied with respect to the Defaulting Respondents with the
exception of Empire State Distributors Inc.; (2) the accused products
infringe claims 1, 4, 15, and 16 of the '067 patent; (3) the domestic
industry products practice claim 1 of the '067 patent; and (4) the
economic prong of the domestic industry was satisfied. Id. The
Commission determined not to review the affirmative findings in Order
No. 20. See Comm'n Notice (Mar. 6, 2024).
On March 1, 2024, Complainants filed a motion to terminate the
investigation in part based on a withdrawal of its request for a GEO as
to the trademark and trade dress claims and to cancel the evidentiary
hearing. On March 19, 2024, the ALJ granted the motion and issued Order
No. 23, which was styled as an initial determination. The Commission
determined that the request to withdraw a requested remedy is not
properly the subject of a motion for termination nor an issue that must
be decided in the form of an initial determination. Comm'n Notice at 3
(April 18, 2024). Accordingly, the Commission treated Order No. 23 as
an order and not an initial determination. Id.
Order No. 23 also included the ALJ's Recommended Determination
(``RD'') on remedy and bonding. Specifically, the RD recommended that
the Commission issue a GEO as to claims 1, 4, 15, and 16 of the '067
patent. RD at 9-12. The RD further recommended issuing an LEO as well
as CDOs against each of the Defaulting Respondents in connection with
the patent, trademark, and trade dress claims. Id. at 13-15. Finally,
the RD recommended that the Commission set the bond during the
Presidential review period at one hundred percent (100%). Id. at 15-16.
The Commission issued a notice soliciting comments regarding any
public interest concerns raised by the recommend relief appeared in the
Federal Register on April 2, 2024. See 89 FR 22741 (Apr. 2, 2024).
Complainants filed a statement on public interest pursuant to
Commission Rule 210.50(a)(4), 19 CFR 210.50(a)(4), but no other
comments were received in response to the notice.
The Commission requested briefing on remedy, bonding, and the
public interest. Comm'n Notice (Apr. 18, 2024); 89 FR 31214-6 (Apr. 24,
2024). On May 2, 2024, Complainants and OUII filed opening submissions.
On May 16, 2024, Complainants and OUII filed responsive submissions. No
other party filed a submission before the Commission.
Having reviewed the record of the investigation, including the RD
and the parties' submissions, the Commission has determined that the
appropriate remedy is: (1) a GEO prohibiting the unlicensed entry of
blood flow restriction devices with rotatable windlasses and components
thereof that infringe one or more of claims 1, 4, 15, and/or 16 of the
'067 patent; (2) an LEO prohibiting the unlicensed entry of blood flow
restriction devices with rotatable windlasses and components thereof
that infringe the asserted trademarks and/or the asserted trade dress
manufactured by or on behalf of, or imported by or on behalf of any of
the Defaulting Respondents; and (3) CDOs directed against Anping Longji
Medical Equipment Factory; Empire State Distributors Inc.; Hengshui
Runde Medical Instruments Co., Ltd.; Putian Dima Trading Co., Ltd.;
Rhino Inc.; Shenzhen Anben E-Commerce Co., Ltd.; Shenzhen Yujie
Commercial and Trading Co., Ltd.; Wuxi Emsrun Technology Co., Ltd.; and
Wuxi Puneda Technology Co., Ltd.
The Commission has further determined that the public interest
factors enumerated in subsections (d)(l), (f)(1), and (g)(1) (19 U.S.C.
1337(d)(l), (f)(1), (g)(1)) do not preclude issuance of the above
referenced remedial orders. Additionally, the Commission has determined
to impose a bond of 100% of entered value of the covered products
during the period of Presidential review (19 U.S.C. 1337(j)).
This investigation is terminated.
The Commission vote for this determination took place on September
30, 2024.
This action is taken under the authority of 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: September 30, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-22937 Filed 10-3-24; 8:45 am]
BILLING CODE 7020-02-P
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